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Answers to Consti I June 11 & 13 Assignment

Answers to Consti I June 11 & 13 Assignment

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Published by George Yap
answers to Constitutional Law assignment regarding articles of territory and international law of seas
answers to Constitutional Law assignment regarding articles of territory and international law of seas

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Published by: George Yap on Jun 17, 2013
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2012 BAR MCQ Constitution is defined by Cooley as: B) The term constitution may be defined as the body of rules and

maxims in accordance with which the powers of sovereignty are habitually exercised. 2012 BAR MCQ The three essential parts of a Constitution are: A) the bill of rights, governmental Organization and functions, and method of ammendment Preamble Is the Preamble of the 1987 Constitution theistic or theocratic? People versus Echegaray, G.R. No. 132601, June 19, 1999 Epilogue of Justice Panganiban: − footnote 38: The preamble of the Constitution is theistic. It declares the "sovereign Filipino people's imploration of the "aid of Almighty God". Art. I. National Territory − Who has title and sovereignty over Pulau Ligitan and Pulau Sipadan? Indonesia vs Malaysia, 2002 ICJ 3 − Is there positive international law of terra firma, or title based on continguity, where the nearest continent or island of considerable size gives title to the land in dispute? US vs The Netherlands, Permanent Court of Arbitration, 4 April, 1928 − Is there positive international law of acquisitive prescription over neighboring territories? Malaysia vs Singapore, ICJ May 23, 2008 − Whether or not RA 9522 “dimembers a large portion of the national territory” because it discards the preUNCLOS III demarcation of Philippine territory under the Treaty of Paris and related treaties? Magalona vs. Ermita, G.R. No. 187167, Aug. 16, 2011 MCQ BAR 2000 What is the basis of Philippine's claim over part of the Spratly Islands? − the spratly islands are within our Exclusive Economic Zone, giving us sole rights to develop the area for economic use. Being compliant with UNCLOS, this grants us protection in the eyes of the UN as to our sea territory which includes our EEZ. − Terra nullius also applies as the islands were uninhabited for a long period of time, in which we were the only ones to occupy and practice sovereignty in as much as using it for economic purposes, the facts show that the presence of other nations are fairly recent compared to our own. − Generally, a state's EEZ extends to a distance of 200nautical miles(370km) out from its coastalbaseline. The exception to this rule occurs when EEZs would overlap; that is, state coastal baselines are less than 400 nautical miles (740km) apart. When an overlap occurs, it is up to the states to delineate the actualmaritime boundary. [2]Generally, any point within an overlapping area defaults to the nearest state. − A state's exclusive economic zone starts at the seaward edge of its territorial sea and extends outward to a distance of 200 nautical miles (370.4km) from the baseline. The exclusive economic zone stretches much further into sea than theterritorial waters, which end at 12 NM (22km) from the coastal baseline (if following the rules set out in theUN Convention on the Law of the Sea).[4]Thus, the EEZ includes the contiguous zone. States also have rights to theseabedof what is called thecontinental shelfup to 350 nautical miles (648km) from the coastal baseline, beyond the EEZ, but such areas are not part of their EEZ. The legal definition of the continental shelf does not directly correspond to the geological meaning of the term, as it also includes the continental rise and slope, and the entire seabed within the EEZ.

Outer Space and Jurisdiction: − International lawyers have been unable to agree on a uniform definition of the term "outer space". According to theUnited Nations Convention on the Law of the Sea. or less. This will typically be 12 nautical miles (22 km. although most lawyers agree that outer space generally begins at the lowest altitude above sea level at which objects can orbit theEarth. permanent court that tries persons accused of the most serious crimes of international concern. 14 mi) wide. if it would otherwise overlap another state's contiguous zone. immigration or sanitary laws and regulations within its territory or territorial sea". unlike the territorial sea. an independent. such as offshore oil exploration or fishing rights. leave jurisdiction on the International Space Station unclear. However. within which a state can exert limited control for the purpose of preventing or punishing "infringement of its customs. However. It includes waterways such as rivers and canals. it cannot prohibit passage or loitering above. though erroneously. although foreign ships (both military and civilian) are allowed innocent passage through it. oil exploration. the coastal nation is free to set laws. or a territorial sea. and any pollution of those resources. approximately 100km (60mi). 28 mi) from the baseline. The United States invoked a contiguous zone out to 24 nmi on 24 September 1999. there is no standard rule for resolving such conflicts and the states in question must negotiate their own compromise. namely genocide. including fishing. e. − A nation's internal waters covers all water and waterways on the landward side of the baseline from which a nation's territorial waters is defined. Russian federal law on Russian spacecraft. thus it includes the contiguous zone. 14 mi) from the baseline (usually the mean low-water mark) of a coastal state. The ICC is based on a treaty signed by 103 countries. Distiunguish between: − territorial sea and internal waters: − Territorial waters. however. crimes against humanity and war crimes. coastal nations arbitrarily extended their territorial waters in an effort to control activities which are now regulated by the exclusive economic zone. mining. − Serious crimes committed in space in the future will likely fall under the jurisdiction and laws of the United Nations. called a coastal . fiscal. − contiguous zone and the exclusive zone: − The contiguous zone is a band of water extending from the outer edge of the territorial sea to up to 24 nautical miles (44 km. this sovereignty also extends to the airspace over and seabed below. but could be more (if a state has chosen to claim a territorial sea of less than 12 nautical miles).g. − An exclusive economic zone extends from the outer limit of the territorial sea to a maximum of 200 nautical miles (370. Foreign vessels have no right of passage within internal waters. and sometimes the water within small bays. US federal law on NASA spacecraft. the exclusive economic zone is still popularly. Before 1982. and use any resource. − Many countries also have extraterritorial jurisdiction over offence such as murder committed abroad by their nationals. A coastal nation has control of all economic resources within its exclusive economic zone. within that portion of its exclusive economic zone beyond its territorial sea. or under the surface of the sea that is in compliance with the laws and regulations adopted by the coastal State in accordance with the provisions of the UN Convention. The territorial sea is regarded as the sovereign territory of the state. and it is likely that a national government may attempt to exercise jurisdiction over spacecraft in a similar manner to ships and planes. and be heard by the International Criminal Court (ICC). as defined by the 1982 United Nations Convention on the Law of the Sea. on.4 km) from the territorial sea baseline. and this lack of right to innocent passage is the key difference between internal waters and territorial waters. This would. regulate any use. is a belt of coastal waters extending at most 12 nautical miles (22 km. Indeed.

Art. marine scientific research. 220(3) right to adopt. and marine environmental protection. 253 Right to permit. currents and winds. Art. Art. Article 56 (1) (a) UNCLOS Exclusive right to construct and establish artificial islands and installations Art. 56 (1) (b) right of hot pursuit art. and manage living and non-living resources of water column. 215(1)(a) right to enforce pollution laws and regulations which conform to generally accepted international rules and standards. Art. exploit. 246 Right to suspension or cessation of marine scientific research activities. Art 211(6) (subject to IMO approval) right to prosecute foreign vessels where an actual pollution discharge has occurred. 60 (1) Jurisdictional rights over artificial structures. Art 79 Drilling on the continental shelf for all purposes Art. and right to economic activities. special discharge and navigational requirements for special area. 234 right to establish the regulations for nationals of other states fishing in their EEZ Art. 85 exclusive jurisdiction over its own structures and jurisdiction for customs. Rights of the Coastal State within its EEZ: Economic: Sovereign right to explore. 62 (4) right to establish regulations on equipment. and conduct marine scientific research. authorize. areas and seasons for fishing art 62 (4) . irrespective of depth of water above the subsoil. fiscal. such as production of energy from the water. 111 (2) right of laying submarine cables and pipe lines on the continental shelf. seabed and subsea strata. 81 Exploiting the subsoil by means of tunnelling. 56 (1) (b) and Art. safety and immigration over all sturctures. conserve. Art. Art 220 right to apply pollution prevention and control measures in ice covered waters. Art. regulate and control dumping art 210(5) right to enforce relevant laws and regulations with respect to pollution by dumping. Art. health. 60 (2) Right to regulate. Art.nation's territorial waters.

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