THE LAW OF THE SEA

Sources of the Law of the Sea 1. 2. 3. Convention on the Law of the Sea of 1982 (UNCLOS or LOS) RA No. 3046, amended by RA No. 5446 RA No. 9522 Q: WHAT IS A BASELINE? A: It is the low-water line along the coast as marked on large scale charts officially recognized by the coastal State. (Sec5, 182 LOS) Q: WHAT IS A LOW-WATER MARK? The Philippines signed the LOS on December 10, 1982, and ratified it on August 5, 1984; however the LOS finally took effect only on Nov. 16, 1994. A: it is the mean between the tides; the median between the low tide and high tide.

Importance of the sea: a. b. Medium of communication Contain vast natural resources

Extent of a state s sovereignty over waters (Art2, of the LOS 1982): 1. The sovereignty of a coastal State extends, beyond its land territory and internal waters and, in the case of an archipelagic state, its archipelagic waters, to an adjacent belt of the sea, described as the territorial sea. This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil. The sovereignty over the territorial sea is exercised subject to this Convention and to other rules of international law.

BASELINE MEASUREMENT a. Trace Parallel Method by following or tracing the curvatures of the coast; applied to states with smooth coasts; Straight Baseline Method done by connecting selected points on the coast without appreciable departure from the general shape of the coast; applied to states with severely indented coasts or archipelagic states; provided for by Sec7(1) LOS. Limitations on the Straight Baseline Method, Art47 LOS The length of such baseline shall not exceed 100 nmi, except that up to 3% of the total number of the baseline enclosing any archipelago may exceed that length, up to a maximum length of 125 nmi. So the distance from point A to point B must not exceed 100nmi TRACE PARALLEL METHOD STRAIGHT BASELINE M.

b.

2. 3.

TERRITORIAL SEA It is the belt of sea outwards from the baseline and up to 12 nmi beyond. If the application of the 12 nmi rule to neighboring littoral states would result in overlapping, the rule now established is that the dividing line is a median line or the equidistance principle , from the opposite baselines. However, the equidistance principle does not apply to historic title or special circumstances; in these cases the equity principle in delineating will apply.

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| LAW OF THE SEA | 1

Must promote optimum utilization of the resources - CONTINENTAL SHELF  Under Art19. | LAW OF THE SEA | 2 . a state should not stop or divert foreign ships for the purpose of exercising civil jurisdiction. subsoil. 4. It thus extends 12 nmi from the edge of the territorial sea. except when it came from internal waters and is absconding. The foreign ship requests assistance of local authorities The Right of Innocent Passage which is not prejudicial to the peace. Must maintain and restore the resources c. Art19(2) LOS. good order or security of the coastal state. if a foreign vessel is just traversing within the territorial sea. CONTIGUOUS ZONE Is an area of water not exceeding 24 nmi from the baseline.Q: WHAT IS TRANSIT PASSAGE? A: a concept in Law of the Sea which allows for a vessel and aircraft the exercise in accordance with UNCLOS the freedom of navigation and overflight solely for the purpose of continuous and expeditious transit. whichever is greater. The launching. It applies only to sea navigation and not to overflight. Any fishing activities 10. or 200 nautical miles from the coastal state s baseline. The loading and unloading of any commodity contrary to customs. Any exercise or practice with weapons of any kind 3. Any other activity not having direct bearing on passage 1. hot pursuit will apply. Except: 1. Any act aimed at collecting information to the prejudice of the defense or security of the coastal state. To stop drug trafficking 4. or sanitary laws and regulations of the coastal state 8. immigration. No over-exploitation of the resources b. Any act of propaganda aimed at affecting the defense or security of the coastal state 5. Is the natural prolongation of the land territory to the continental margin s outer edge. good order. seabed. State s continental shelf may exceed 200 nautical miles until the natural prolongation ends. The launching. Any act aimed at interfering with any systems of communication 12. landing or taking on board any military device 7. - EXCLUSIVE ECONOMIC ZONE It is the area extending not more than 200 nmi beyond the baseline. and immigration. a state should not exercise its criminal jurisdiction over foreign vessels in the territorial sea except in certain specified situations.  Under Art20. Any act of willful and serious pollution contrary to this Convention 9. taxation. customs. The crime extends to the territorial coast 2. A state has control over these waters and could continue to enforce laws in four specific areas: pollution. The coastal state has two obligations: a. enumerates acts that are not considered innocent passage: Any threat or use of force against the sovereignty of the coastal state 2. landing or taking on board any aircraft 6. The crime disturbs the peace. but such right does not affect the right of navigation and overflight. or security of the state 3. The coastal state has exclusive rights to explore and exploit the economic resources of the sea. fiscal. but there must be a declaration. The carrying out of research or survey activities 11. It is suspendable.

| LAW OF THE SEA | 3 . surrounded by water. International level: Treaty prevails HIGH SEAS All parts of the sea that are not included in the territorial sea or internal waters of a state. as defined in Art1 of the Geneva Convention. 4. An island which can sustain life can have its own territorial sea. Where the distance between the low-water marks of the natural entrance points of a bay exceeds 24nmi. Archipelagic Waters UNCLOS mentions archipelagic waters 1987 Constitutions mentions internal waters As a general rule. 6: Given to the coastal state. 6. 5. If an island is submerged during high tide. which is above water at high tide.Internal Waters vs. a straight baseline of 24nmi shall be drawn within the bay. A state can own an island through the exercise of its apparent and continuous sovereignty over the territory. This is more onerous for the state. regulate use. It is res communes. when there is conflict between treaty and Constitution: Domestic level: Constitution prevails DEEP SEABED The sea bed and ocean floor that is beyond any national jurisdiction. 5. The coastal state is free to set laws. Nos 3. EEZ. An island which cannot sustain life will only have territorial sea. no baseline can be drawn from that island. Foreign vessels have no right of passage within internal waters. 3. Freedom of navigation Freedom of overflight Freedom of fishing Freedom to lay submarine cables and pipelines Freedom to construct artificial islands and structures Freedom of marine scientific research - ISLANDS Q: WHAT IS AN ISLAND? A: An island is a naturally formed area of land. all waters inside this baseline are designated Archipelagic Waters. because it includes not only sea navigation but also overflight. it does not need to be included within the baseline. Area of an indentation is that lying between the low-water mark around the shore of the indentation and a line joining the low-water mark of its natural entrance points. exclusive rights INTERNAL WATERS All waters landwards from the baseline of the territory. To own an island. ARCHIPELAGIC WATERS By connecting the selected points to form the baseline. and use any resource. Subject to right of innocent passage or right of archipelagic lanes passage. 2. BAYS It is a well-marked indentation whose penetration is in such proportion to the width of its mouth as to contain land-locked waters and constitute more than a mere curvature of the coast. - Six freedoms on the High Seas: 1. and continental shelf.

AS Exclusive -188nmi: high seas.150 nmi: must be Shelf +150nmi claimed because it s not inherent Q: HOW MANY BASEPOINTS DOES THE PHILIPPINES HAVE? A: Previously in RA No. but as amended by RA 9522. sovereignty Continental Extended: .Maritime Zones of a State From State nautical With or without Coast miles sovereignty Territorial sea 12 nmi Absolute sovereignty 24 nmi -First 12 nmi: absolute sovereignty (AS) Contiguous zone -Second 12 nmi: just control 200 nmi -12nmi: territorial sea. | LAW OF THE SEA | 4 . Economic zone exclusive rights 200 nmi. presently there are 101 base points. -200 nmi: ab. 5446 it was 81 base points.

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