Indonesia – Philippines
Introduction
Indonesia and the Philippines are archipelagic states that face each other across the Celebes Sea and no part of that sea is more than 200 nm from the nearest coast. Both countries claim an EEZ 200nn wide and while Indonesian claims territorial sea 12 nm wide the Philippines appears to claim all waters within its treaty limits as territorial waters which means that they are up to 285 nm wider at one point (Office of Oceans Affairs, 2000: 116). For two reasons it is uncertain whether the two countries will need to draw a territorial sea boundary. First, it remains to be determined by the International Court of Justice whether Pulau Ligitan belongs to Indonesia or Malaysia. Second, if the island is Indonesian it is not clear whether the Philippines will claim territorial waters 12nm from its archipelagic baselines. If the International Court of Justice rules that Pulau Ligitan belongs to Malaysia and if the Philippines abandons its treaty limits territorial sea claim in favour of a 12nm territorial sea measured from its archipelagic baselines, then no territorial sea boundary between Indonesia and the Philippines will be required.