THE INTERNATIONAL LAW OF THE SEA
sea and the other different maritime zones.
We should know first the basic concepts and most importantly the
different maritime zones over which a
coastal state has jurisdiction whether it’s full or to a certain degree.
Q: What are the sources of international law of the sea?
Principles of equity: mainly used in maritime delimitation or in
apportioning the maritime zones shared by two or more states.
And also still effective is the 1958 Geneva Convention on Territorial
Sea and Contiguous Zone which was mentioned in the case of
Germany, Denmark, and Netherlands, the Continental Cases.
As of November 06, 2017, 168 states plus EU were parties to the
UNCLOS III. The US is still not a party to the UNCLOS but
adheres to some of the principles especially the customary rules
under the International Law of the Sea.
As for the Philippines, it signed the Convention on December 10,
1982 and ratified it on May 08, 1984.
Note also that unlike many other treaties, the 1987 Convention or
UNCLOS does not allow states to make reservations.
In other words,states have to accept the convention in its entirety if
they wish to become a party to it. No reservations on any provision
of the UNCLOS is allowed.
MARITIME ZONES
We have the basis for the measurements of the different maritime
zones and that is what we call the baseline…Diin matikang it pag
ihap hit measurement hit territorial sea, contiguous zone, exclusive
economic zone, continental shelf. High seas area is no longer part
of a coastal state jurisdiction.
Q: What are internal waters?
A: These are waters landward of the baseline, pasulod, kay if you
notice ini nga coastile baseline (refer to the image above: the
orange vertical line), tanan na water tisulod, internal waters. Ano’t
jurisdiction hit State dida? Of course complete full jurisdiction as it
has over its terrain or land territory.
So seaward liwat, baseline toward the sea, ada na an territorial
So ano’t pag ihap? Ano’t measurement hit kada tagsa tagsa nga
maritime zones?
Territorial Sea: 12nm from the baseline
In the 2015 Bar Exam class, an questin ginpa enumerate hira han
mga maritime zones pati an ira measurements. Han amon liwat
time ginpa enumerate ha amon an different maritime zones and
kun ano an extent han jurisdiction han coastal states over these
maritime zones. Bangin it iyo time, amo gihap, duha na: an
measurement ngan han extent of jurisdiction hit coastal states.
So these are basic concepts which you have to remember by
heart.
Territorial Sea: 12nm from the baseline, always from the baseline
Contiguous Zone: 24nm from the baseline
Exclusive Economic Zone and Continental Shelf: 200nm from the
baseline, always from the baseline, pero may exception ha
Continental Shelf, it’s either 200nm or 350nm kun ma-follow kita
han natural prolongation kasi mayda iba na coastal states, it iya
continental shelf nagpanlalapos hit 200nm allowed by the
UNCLOS, but 350nm it iya pinak maximum, and that’s also
allowed under the UNCLOS. I depens upon the configuration of
the continental shelf.
And also take note the basic principle, each coastal state is
entitled to these maritime zones and every EEZ has corresponding
continental shelf whether or not the continental shelf physically
exists. Kay myda iba na coastal state, waray continental shelf,
deretso seabed. So automatically, a coastal state is entitled to both
200nm of EEZ and Continental Shelf, patas la hira.
So pananglitan an iya continental shelf, kulang, less than 200nm
an measurement, let’s say 100, entitled la gihap hiya han sobra
nga 100nm, seabed na ito hiya dapit, pero gin coconsider la gihap
hiya as part of the continental shelf which a coastal state is entitled
to.
HIGH SEAS and AREA: These areas are beyond a coastal state
jurisdiction. Both are considered as common heritage of mankind
or res communes. No state may claim exclusive sovereignty over
the high seas and the area. All resources found therein should be
shared to the whole world, to all states.
SUMMARY:
BASELINES
To measure the breadth of the various maritime zones one must
identify the exact physical point from where the breadth of the
zone is measured. This point is the baseline. It practical terms, a
baseline serves two purposes.

The baseline from which the breadth of the territorial sea and the
following maritime zones are measured is normally the coastal
low-water line. The baseline is also known as the low-water line,
kumbaga in layman’s, the seashore, so ini hiya, this is what we call
the normal baseline, na myda kita gin fofollow na normal baseline
method.
ART 5, UNCLOS. (Mayda exception to the normal baseline
method)
Note that there is no standard by which states determine this line,
although article 5 defines the line as marked on large-scale charts
recognized by coastal States.
Actually it state it nadetermine kun ano it ira baselines, but of
course in the accordance with the UNCLOS. Hi kita myda kita law
which sets the baseline or determines the baseline and that’s RA
9522, the most recent which is subject of the case Magallona vs
Ermita.
Q: Who determines the baselines?
A:Of course the state, but it should be in accordance with the
UNCLOS.
TWO RULES GOVERNING BASELINES
1) normal baseline method
2) straight baseline method.
At one time, arguable pa that the baseline was for all purposes the
low-water mark or the normal baseline, gin huhuna huna kun ano
ini nga normal baseline method ma apply ba ha tanan na coastal
states.
But take note of the ANGLO-NORWEIGAN FISHERIES CASE,
UK vs NORWAY.
Diba nag drawing2 pa kita han bay kay hi Norwy diri na follow han
baseline method nga kun across a bay, diri malapos 10nm, pero
an ira lumapos, pero exception, why? Because persistent-objector
hiya to the customary rule.
In that case, the ICJ decided to depart from the normal baseline
method, it adopted the straight baseline system, following the
general direction of the coast of Norway, because she had
consistently applied and in fact was unopposed by its neighboring
countries. So the Court went further holding that the Norweigan
system of baselines was lawful in principle and did not violate any
international law. So it stressed that, broken and indented
character of the Norweigan coastline…
Kakaiba it geographical configuration ni Norway that prompted it to
adopt a new method of determining its baselines. If you remember
that case, nagkaada hin decree or balaod determining the
baselines and essentially ito nga balaod departs from the
customary rule nga if you draw a baseline across a bay, it should
not be beyond 10nm, pero an ira nagpanlalapos because nga
kakaiba an ira geographical configuration, which according to the
ICJ, acceptable. First because, eversince hito nga 10nm
customary international law, even before the establishment of that
customary rule, persistent-ojector na hi Norway. It has adopted its
own method of determining it baselines and in fact it was not
opposed by any states, hi UK la an medyo naagrabyado na hiya.
So ano ini na skjaergaard?
Rocky reefs or island nga makukurian ka talaga pag determine hit
baseline kay damo it mga edges, diri smooth it contour kun baga,
so Norway was forced to adopt what it saw as an equitable method
of determining baseline which is a straight baseline method.
For example ini nga map, kun kikitaon mo closely, diri hiya smooth,
diri hiya duroderetso, myda hiya pasulod hin duro.
So amo an ira tinatawag na mga skjaergaard, so ini nga Anglo-
Norweigan Fisheries Case, gave birth to the straight baseline
method, so even it was seen by many international law experts,
that the decision of the ICJ was an instance of judicial legislation
which is, diri pwede, its significance for the development of the law
cannot be underestimated. In fact, the Court’s pronouncements on
the straight baseline method were intended to have general
application to coasts of that type. Myda mga other coastal states
na sugad it ira configuration hit ira tuna, they can apply the straight
baseline method and in fact, ini nga rule on straight baseline
method were adopted by the UNCLOS, which is found in Article 7.
Take note of the highlighted words.
Thus, straight baseline method may be used in conjuction with
closing lines across river mouths and bays nga nakaka alter hit
smooth configuration hit usa nga state.
Article 7(3) contains a number of conditions for drawing straight
baselines.

So ini yana, waray na ini mga gamit kay settled nman it aton mga
boundaries hit mga estado.
Q: In which type of coastline does the straight baseline method
apply?
A: To those which are deeply indented or cut into islands or if there
is a fringe of islands along the coasts in its immediate vicinity.
So a coastal state is allowed to adopt the straight baseline method
if their territorial feature has any of these (see highlighted).
As you can see in the illustration, there is a collection of island
immediately adjacent to the coast, kitaa niyo it drawing, they are
enclosed with straight baselines and these baselines cannot go out
to the more distant ones, why?
Because of the rule that the baseline may not depart to any
appreciable extent from the general direction of the coast. This is
what we call the Fringing Islands Rule.
Ha Philippines what kind of baseline did we adopt?
Archipelagic straight baseline because of the nature of our state –
an archipelago.
Ha mga deeply indented coastline, na apply gihap an straight
baseline.
In certain circumstances, bays may be enclosed by a line which
leaves internal waters on its landward side and provides a baseline
for delimiting the territorial sea. So yakan kita kanina, all waters
landward the baseline, are internal waters. So that includes water
from the bays, rivers, fjords, straits, pero mayda kita ginfo-follow
nga rules pag set hin baseline or pag estabalish hin baseline in
relation to bays.
So we follow rules as to these kinds of bays:
1) Bays the coast of which belong to a single state.
2) Bays bounded by the territory of two or more states
(kumbaga nag sasaro, nagshshare hira hin base)
What is a bay?
The general rule is found in this paragraph 2 of Article 10. This is
what we use in bays that the coasts of which belong to single
state. We apply in this kind of juridical bay the semi-circle test or
the semi-circle rule, which says that, you can treat a bay as an
internal water be enclosed with a single joining line so long as the
bay is as large or larger than a semi-circle whose diameter is a line
drawn across the mouth of that indentation.
Para klaro, take note class that the provision concerning bays are
not intended to introduce the system of straight baseline to coasts
whose configuration does not justify this. Diri karuyag sidngon
myda ka bay pwede ka na mag apply han straight baseline
method, the state still has to follow the other conditions.
Q: What is the prescribed measurement of the so called closing
line or diameter drawn across the mouth of an indentation?
A: It shoud not exceed 24nm from the low-water marks.
(4) If the distance between the low-water marks of the natural
entrance points of a bay does not exceed 24 nautical miles, a
closing line may be drawn between these two low-water marks,
and the waters enclosed thereby shall be considered as internal
waters.
(5) Where the distance between the low-water marks of the natural
entrance points of a bay exceeds 24 nautical miles, a straight
baseline of 24 nautical miles shall be drawn within the bay in such
a manner as to enclose the maximum area of water that is
possible with a line of that length.
Art. 10 (4) & (5), UNCLOS.
Example: So an iya points han low-water mark, kun diri kuno more
than 24 nm it ira distance, or less than 24nm it distance between
the low-water marks of the natural entrance points, entrada hito
nga bay does not exceed 24nm, a closing line may be drawn
between these two low-water marks, ha ira mouth mismo ma draw
ka hin baseline tas dida matikang an imo pag ihap han 12nm,
24nm, 200nm, kun less than 24nm it iya entrada as shown below:
Iba kun an distance nira exceeds 24nm. Let’s say an iya entrada is
30nm, so ano it rule? Kun the distance between the two entrance
points or the low-water marks of the natural entrance points of a
bay exceeds 24nm, what does article 10 paragaraph say?
A straight baseline of 24nm, iya maximum na distance should be
drawn within the bay in such a manner as to enclose the maximum
area of water that is possible with a line of that length. Iya pasabot
is maatras ka until such point na mareach nimo an 24nm la. So ini
hiya nga point (middle part), klaro nga diri hiya 24 nm kay
huroharayo, bangin pa ngani 40nm hiya.
Let’s say adi it imo perfect, eksakto na 24nm, dida matikang it imo
baseline, dida matikang pag ihap it 12nm, 24nm, etc. Maadjust ka,
maatras it coastal state until such time na makaabot hira hin point,
han low-water mark points na it iya distance, perfect na 24nm kay
amo lat allowable na maximum diameter.
So what if sugad an configuration han iya bay:
Is it valid for the coastal state to draw a baseline across the
entrance points (15nm)? Myda man hiya 60nm liwat ha sulod…
Low-water marks of a natural entrance points of a bay it aton
babasehan han 24m, diri an sulod, diri nman hiya natural entrance
points. Regardless kun pira ka nm kahirayo an other points within
the bay basta an iya entrance points pasok pa ha 24nm and does
not exceed, ma draw ka ngada hin baseline.
NOTE: Rules apply on a bay formed at the outer most point of a
coastal state.
Maatras ka until such point na an diameter or the distance
between the two low-water mark points or distance between the
two maging 24nm nala.
How about bays bounded by the territory of two or more states?
Bays bounded by the territory of two or more states
Where the coasts of two States are opposite or adjacent to each
other, neither of the two States is entitled, failing agreement
between them to the contrary, to extend its territorial sea beyond
the median line every point of which is equidistant from the nearest
points on the baselines from which the breadth of the territorial
seas of each of the two states is measured. The above provision
does not apply, however, where it is necessary by reason of
historic title or other special circumstances to delimit the territorial
seas of the two States in a way which is at variance therewith. (Art.
15, UNCLOS)
In short, magtutunga hira. Exception kun myda nira agreement,
amo la, so tutob la diin it akon territorial sea within the bay na mag
share kita, pero kun waray nira agreement, or they fail to reach an
agreement, they follow the equidistance principle. From the
nearest points on the baselines from which the breadth of the
territorial seas of each of the two states is measured.
Another exception, necessary by reason of historic title or other
special circumstances to delimit the territorial seas of the two
states in a way which is at variance therewith.
So two exceptions exist to the applicability of this rule on bays
bounded by the territory of two or more states. First, no
agreement, you apply the equidistance principle. Not exception,
that’s one exception to the equidistance principle rather. (???) And
you also don’t apply the equdistance principle if one of the states
claims historic title over a portion of that shared bay. You follow
kun ano man iton na boundary established by historic title pero diri
ini magawas ha bar.
ARCHIPELAGIC BASELINES
We follow this in the Philippines because we are an archipelago.
“may include other islands” – take note of that in reference to the
regime of islands over which a coastal state may claim jurisdiction
or sovereignty by reason of any title.
What is the archipelagic doctrine?
Art 1 of the 1987 Constitution.
The national territory comprises the Philippine archipelago, with all
the islands and waters embraced therein, and all other territories
over which the Philippines has sovereignty or jurisdiction,
consisting of its terrestrial, fluvial, and aerial domains, including its
territorial sea, the seabed, the subsoil, the insular shelves, and
other submarine areas. The waters around, between, and
connecting the islands of the archipelago, regardless of their
breadth and dimensions, form part of the internal waters of the
Philippines.

But the SC mainly said, it is not unconstitutional. RA 9522 is

constitutional.

Diba nayakan hi petitioners, RA 9522 kuno dismembered a large

It baseline, amo ito nga thick blue line following the contour of our
land territory. So automatically, if you’re an archipelago, you call
your internal waters as archipelagic waters. So basic difference
between an archipelagic water and internal water is that in
archipelagic water, it provides the right of innocent passage of
foreign vessels, ha internal waters waray right of innocent
passage.
So ha aton may right of innocent passage it mga foreign vessels
since we have archipelagic waters. So if you can notice, diri hiya
klarado, adi hiya is Scarborough Shoal and the Kalayaan Island
Group, diri hiya enclosed hit aton baselines but they are still part of
our territorial jurisdiction. Not on the basis that it is enclosed by our
baseline but on some other basis under international law.
portion of the national territory because it discarded the pre-
UNCLOS III demarcation of the Philippine territory under the
Treaty of Paris. Kumbaga ginbawasan kuno naton an aton territory
kay diri na parte han aton baseline an Scarborough Shoal, an
Kalayaan Island Group. An Scarborough Shoal included hiya han
mga island, including the main islands, Luzon, Visayas, and
Mindanao, included hiya han ginhatag ha US by Spain. In the
Treaty of Paris, the technical description, it says that the Philippine
Sovereignty over territorial waters extends hundreds of nm around
the Philippines archipelago. So sulod pa ngada an Scarborough
Shoal.
According to the petitioners here, if we follow kuno the baselines
as fixed by RA 9522, which was sought to be compliant with the
UNCLOS, diri na masusulod hi Scarborough Shoal, mababawasan
it aton territory.
However, the SC said:

This was explained in the case of Magallona vs Ermita. Take note

of these laws.

RA 9522 which amended RA 3046 together with RA 5446,

established the baselines and take note, still adopted the Kalayaan
Island Group and the Scarborough Shoal as forming part of the
jurisdiction of the Philippines even though they are situated far and
beyond the baselines of our country.

Now why did Congress amend RA 3046? Why did it enact RA Nayakan hi SC, waray man provision ha UNCLOS na ma allow or
9522? mag aallow hin pag add or pag acquire or pagbawas hin territory it
usa ka state. It iya main purpose la is to delimit the different
Congress was prompted by the need to make RA 3046 to be maritime zones, to measure lang, to determine the maritime zones
compliant with the UNCLOS III. Among others, UNCLOS of the different coastal states.
prescribes the water-land ratio, length and contour of baselines of
archipelagic states like the Philippines, it’s in the case and sets the
deadline for the filing of application for the extended continental
shelf, which ma file kita hin pag determine hit aton continental shelf
ha international seabed organization (ISO). Compying with these
requirements RA 9522 shortened one baseline, optimized the
location of some basepoints around the Philippine archipelago and
classified adjacent territories namely, the Kalayaan Island Group
and the Scarborough Shoal as regime of islands.

Take note that, under the UNCLOS the regime of islands

generates its own applicable maritime zones. So matikang gihap
haira it 12nm, 24nm, etc.
Now petitioners Magallona et al assailed the constitutionality of RA
952. Amon ira mga arguments:
Amo la ini an gin fofollow han Congress asya nira gin amend an
RA 3046 para maging compliant la hini nga UNCLOS provision.
Thus, according to the SC, the baselines laws including RA 9522
are nothing but statutory mechanisms for UNCLOS State Parties
to delimit with precision the extent of their maritime zones and
continental shelf. And RA 9522 is the only way to draw baselines in
conformity with the UNCLOS.
So amo ini ira issue: Diri na api it Scarborough Shoal, diri na api it
KIG, nabawasan na kita hin territory. What did the SC say?
We did not lose our claim of sovereignty over these islands and diri
na iton ma ququestion kun aton ito or diri, why? Because the
Philippines has already established occupation of that island since
the Treaty of Paris. Diri la hiya api hit aton baseline, pero it’s still
ours. Again, measuring or determining baselines is not a mode of
acquiring territory or losing it, iba lat hiya nga concept. Amo an
point ni SC. Just because RA 9522 is effective, waray na kita
sovereignty over the KIG and Scarborough Shoal. It’s not a mode
of losing ones territory, it’s just a technical aspect of determining
ones baselines in accordance with the UNCLOS III.
Now, petitioners further argued that the KIG now lies outside the
Philippine territory because again the baselines that RA 9522
draws do not enclose the KIG is negated by RA 9522 itself
(because of Section 2).
Main point, we did not lose our sovereignty over the KIG and
Scarborough Shoal because of RA 9522. It was only enacted to be
compliant with our obligations under the UNCLOS, particularly of
Art 47 paragraphs 3 and 2 thereof, and not to lose any part of our
territory.
INTERNAL WATERS
-Primarily consist of water on the landward side of a straight
baseline from which the territorial sea is measured and water on
the landward side of an enclosed bay.
Article 8 is the relevant provision.
Now, what degree of sovereignty does a state have over its
internal waters?
Full sovereignty over its internal waters just like full sovereignty
over its land territory. Same la hira.
A coastal state is entitled to regulate all access to its ports and it’s
only in the event of distress that is obliged to allow entry to a
foreign vessel. Also it has full authority to implement all its laws,
criminal or civil. It has full jurisdiction over all crimes committed in
its internal waters. It also enjoys full sovereignty over all vessels
located in its internal waters including ships in the ports.
Traditionally, states were regarded as exercising sovereignty
subject to a right of innocent passage over a belt of sea adjacent
to their coastlines and bounded by the high seas. This is what we
call as the territorial sea, which is 12 nm from the baseline.
Main point class.
We did not lose our sovereignty over the KIG and the Scarborough
Shoal because of RA 9522. RA 9522 was only enacted only to be
compliant with our obligations under the UNCLOS, particularly on
Articles 47 paragraphs 3 and 2 thereof.
Yun lang ang point ng RA 9522 and not to lose any part of our
territory.
INTERNAL WATERS
Internal waters primarily consist of water on the landward side of a
straight baseline from which the territorial sea is measured and
water on the landward side of an enclosed bay.
Article 8 is the relevant provision.
What degree of sovereignty does a state have over its internal
waters?
Ans: Full sovereignty over its internal waters. Just like full
sovereignty in its land territory.
A coastal state is entitled to regulate all access to its ports and it is
only in the event of distress that it is obliged to allow entry to a
foreign vessel. It also has full authority to implement all its laws,
criminal or civil. It has full jurisdiction over all crimes committed in
the internal waters. It also enjoys full sovereignty over all vessels
located in its internal waters, including over ships in its ports. We
full sovereignty over our internal waters.
TERRITORIAL SEA
Traditionally class were regarded as exercising sovereignty subject
to a right of innocent passage over a belt of sea adjacent to their
coastlines and bounded by the high seas. This is what we call as
the territorial sea.
Territorial Sea- A belt of sea adjacent to a state’s coastline. Which
is 12 nautical miles from the baseline.
Historically, the measurement of these territorial sea was never
settled until UNCLOS 3 came. After UNCLOS 3 damu na an nag
follow han 12 nautical miles na TS measurement.
UNCLOS assumes that every coastal state has a territorial sea
and is entitled 12 nautical miles thereof and the sovereignty of the
coastal state over the territorial sea extends to its seabed, subsoil
and air space above it.
What is the degree of sovereignty of a state over a territorial sea?
Ans:
Puruparehas la hira hit internal water. Pero anu it difference la hit
internal waters ngan ha territorial sea?
Ans: A Territorial Sea may right of innocent passage, parehas hit at
archipelagic waters naton ha internal waters. Generally, internal
waters waray right of innocent passage pero for archipelagos,
archipelagic state may right of innocent passage haera internal
waters which are called the archipelagic waters. Generally, right of
innocent passage ada la eto ha territorial sea. Ha mga dre
archipelagic state, there is no right of innocent passage in the
internal waters only in the territorial sea.
The legal regime of territorial sea of a state is exclusive territorial
sovereignty. What is the coastal legal regime over its Territorial
Sea.
Ans: Exclusive Territorial Sovereignty
So the coastal state shall have all the rights and duties inherent in
sovereignty over the territorial sea. Whereas foreign vessels have
privileges such as the right of innocent passage associated
particularly with that right of innocent passage which does not
generally exist again in internal waters.
 Regarding no. 2

In the case of Curfo Channel, Albania failed to do so. It failed to

notify UK of the danger in their curfo channel because of the mines
they knew that were laid by the former Yugoslavia.

The convention lists a number of acts that are deemed to be at

variance with innocent passage or simply not innocent. These
refers to passage which are considered to be prejudicial to the
peace, good order, or security of the coastal state. It can be found
in Article 19 paragraph 2 which includes exercises with weapons,
spying, acts of propaganda, the loading or unloading of
commodities, currency or persons contrary to the regulations of the
coastal state, serious pollution, fishing activities, research activities Ini class, diba Criminal Law med akita French Rule or English
or interferences with coastal communications. Rule. Pero yana class amu na ini it gin fofollow yana because of
the UNCLOS this rule was established. In criminal law we go away
Innocent passage karuyag sidngon kumbaga pwede ka la umagi. with the English rule and the French rule.
Kay pano ka makaka abot ngadto ha imo destination kun for
example waray iba na aragian kundi ngadto hit territorial sea hit
usa na state. Or for example kun cruise ship tas usa ka hit mga
destination, of course with the consent of the state which is one of
the destination so pwede ka umagi. That’s innocent passage, as
long as the foreign vessel does not perform acts which are
prejudicial to the peace, order or security of the coastal state
including also cargoing illegal drugs, that prejudicial to the good
order of the state.

Also special ini na rule Article 20 of the UNCLOS. In the territorial

sea kuno since the coastal state has exclusive jurisdiction or
sovereignty over that area. Submarines of other states are
required to navigate it on the surface and show their flag. They are
required to navigate on the surface and to show their flag. Pero
kun adto hera high seas, ok lang nka submerge kay amu man it
era nature submarine. Pero kun magi kuno hra ha territorial sea hit
us ana state it has to surfaceand to show their flag.
What are the duties of the coastal state in regard to this innocent
passage?
Right of Innocent Passage in Archipelagic Waters which are
essentially internal waters. Generally internal waters have innocent
passage, this is one of the exceptions. Right of Innocent Passage
in Archipelagic Waters which are also internal waters.
Special rules apply for archipelagic waters within an archipelagic
state— generally speaking, a group of islands situated in the
middle of an ocean that form a geographical, economic and
political unit.

The archipelagic state is not deprived of their right to designate

sea lanes, air routes, kun hain la pwede umagi ha archipelagic
waters suitable for continuous and expeditious passage through its
waters.
Memorize at least 5. If you are reviewing for the bar.
CONTIGUOUS ZONE
The power of a coastal state maybe manifested in other ways so
the territorial sea in which the zone involves the greatest
concentration of sovereign legal rights kay bag akita hin may
sovereign power or jurisdiction over our land territory same ngadto
aton territorial sea.
The general interest in maintaining the freedom of the seas outside
the territorial sea has been reconciled with the tendencies of
coastal states to extend their power seaward by the development
of generally recognize specialize extensions of jurisdiction. Amu ini
and Contiguous Zone, EEZ, Continental Shelf, etc. The
Contiguous Zone was the first to emerge. This zones give
jurisdiction beyond the Territorial Sea for special purposes.
What are these puposes?
Very specific, kun anu na mga laws it gin preprevent na ma
infringe while a foreign vessel is still in the Contiguous Zone of a
coastal state. Custom, fiscal, immigration and sanitary laws.
Anut measurement hit aton Contiguous Zone?
Ans: Should not extend beyond 24 nautical miles from the
baselines. From the breadth of the territorial sea is measured.
The purpose again is to allow the state to extend the reach of its
jurisdiction for a range of specified purposes only.
When we say punished, it means that a coastal state has the
authority to arrest a ship that has committed an offense in the
territorial sea but has since left but has not located in the
contiguous zone. Pwede geap naton ma exercise an right of hot
pursuit committed in the contiguous zone, nakalakat dayun an
vessel, hot pursuit bisan umabot hya ha high seas. Pero dire na
pwede kun anu? Maka abot it vessel ha another jurisdiction. That’s
already an encroachment on the sovereignty of another state.
Prevent indicates a coastal state is authorized to impede or stop a
ship that is suspected of committing of such an offense before it
enters its territorial waters.
What is the legal regime of coastal state of its contiguous zone?
Ans: This is what we call, FUNCTIONAL JURISDICTION. Internal
Waters= FULL SOVEREIGNTY
Territorial Sea = EXCLUSIVE TERRITORIAL SOVEREIGNTY
Contiguous Zone = LIMITED JURISDICTION OR FUNCTIONAL
JURISDICTION
For the proper functioning of the specific laws of the coastal state
that’s FUNCTIONAL JURISDICTION. EXCLUSIVE ECONOMIC
ZONE
EEZ- which is one of the central innovations of the UNCLOS and
amu it aton pinaka dako na issue ha aton West Philippine Sea.
Many structures particularly artificial islands were built on our
exclusive economic zones by China.
Most states now secured their rights to fisheries. The EEZ is also
know as the FISHERIES ZONE. Which a coastal state is entitled to
claim up to 200 nautical miles from the baselines from which the
breadth of the territorial sea is measured.
EEZ is not only a fisheries zone, damu it aton resources that are
found in the EEZ, asya duru it interest hit China. Myda oil,
minerals, etc.
Anu pat right hit coastal state over EEZ?
Ans: Exploitation, Management of all resources from therein
exclusively for the use and benefit of the coastal state. Take note,
it cannot be shared with any other state unless the EEZ is shared
with an adjacent state.
Does a coastal state have sovereignty over the EEZ? For
example, does the Philippines own the EEZ?
Ans: A state has no exclusive sovereignty over the EEZ but the
UNCLOS gives a state what an exclusive right to the economic
resources within it. That includes exploitation and use of these
natural resources found in the EEZ.
So waray gamit it concept hit right of innocent passage ha EEZ
kay a foreign vessel an freely pass through the EEZ. Kasi nga
waray kita exclusive sovereignty over the EEZ, what the coastal
state has only exclusive right to the economic resources and that
includes the exclusive right to build artificial islands. For the further
exploration and exploitation of natural resources.
Did China violate the UNCLOS when it created this artificial
islands, these reclaimed areas?
Ans: Yes, its already the permanent court of arbitration that said
that a grave violation of the UNCLOS.
Pero what’s happening? Waray mnla geap. Puro la kita
#AtinAngWestPhilippineSea. Kutob la kita ngada.
EEZ consists of not only the water within the area but also the
seabed and subsoil as well as the airspace above the water.
Coastal state in the EEZ have the right to exploit, develop,
manage, and conserved all resources, fish or oil, gas, gravel,
nodules or sulfur to be found in the waters and the ocean floor and
its sub soil of this maritime zone.
What are the right of the coastal state?
The rights that a coastal state possesses in the EEZ are exclusive
in the sense that other states are barred from undertaking
economic activities in the zone unless the coastal state has given
its consent.
JUST READ THAT.
Resources in the EZZ (Arts. 61&62, LOSC)
Art. 61 – Conservation of living resources
Art. 62 – Utilization of living resources
CONTINENTAL SHELF
Basi principlebasta ngani it state may EEZ, its also entitled to its
continental shelf. Whether or not the continental shelf physically
exists. Kun waray continental shelf, deritso eto hya sea bed. All
resources found in the seabed, it makaka tagamtam heto is the
coastal state.
Basta it usa na coastal state is automatically entitled to a 200
nautical mile continental shelf. Whether kulang hya hin physical
measurement or totally waray.
It’s a unique institution in the law of the sea in many respect.
Coastal state exercises a type of functional
sovereignty in the shelf embodied by the phrase sovereign rights.
Anut measurement hit continental shelf?
Isobath baga hya hin part hit seabed na may sudden drop. From
there 100 nautical miles from heto nga 2500 meter isobath.
This is accordance with the provision of Article 76. The UNLOS
established this commission on the limits of the continental shelf.
Where a coastal state intends to established the outer limits of its
continental shelf beyond 200 nautical miles in accordance with
article 76. An ngadto nga 350 maximum, the state is reuired to
submit particular of such limits the commission and supporting
scientific and technical data as soon as possible but in any case
within 10 years of the entry into force of the convention for that
state.
What are the rights of the states over the continental shelf?

Bangin ko ipakiana ha exam. Enumerate!

Can another state build an island over the continental shelf?
What are the freedom of the high seas? ENUMERATE.
Ans: Of course not, coz its found in the EEZ, ha EEZ dre man
pwede mag build hin artificial islands it foreign state only the
coastal state has jurisdiction to create artificial islands

How do you determine the nationality of a ship?

Equitable principle usually gingagamit to delimit the continental

shelf and other maritime zones. The nationality of a ship is determined by the place of its
registration regardless of the nationality of the owner.

Registered it barko, for example ha Philippines pero it owner is

Chinese. Then vessel is considered a Philippine national because
it is registered in the Philippines.

As mentioned earlier the high seas are res communis and does
beyond the sovereignty and jurisdiction of any state and they are
governed by the principle on the freedom of the high seas.
When does this apply? The right of hot pursuit.

It applies mutatis mutandis to violations in the EEZ or on the

continental shelf, including safety zones around continental shelf
installations, laws and regulations among coastal state applicable
to the EEZ or to the continental shelf. So, if a law is violated in the
EEZ relating to the EEZ or in the continental shelf then the coastal
state has the right to arrest the vessel and if it leaves the EEZ. It
may exercise its right of hot pursuit pero myda la limitation.
Keano kelangan hin consent han mga states? Because it’s a
common heritage of mankind, its res communis. Waray makaka
assert hin exclusive dominion or sovereignty over the high seas.
Tanan dapat makaka benefit or any activity conducted in the high
seas must benefit the states.
 hin another dash pero waray eto ngada. Naging 10-dashed line na
hiya. Including the east of Taiwan.

What is the effect of China’s national boundaries under the 9-

dashed lines?

The Philippines and the other states lose about or particularly the
Philippines, lose about 80% of its EEZ. Including the entire reed
banks and other banks found in the EEZ. Which eto na reed bank
part hya hit aton Malampaya Gas Fill which is rich in gases. Hi
Malaysia will also lose 80% of its EEZ, Vietnam 50%, Brunie 90%,
Indonesia 30%
Dre ini magawas ha exam.
Anu ba talaga an dispute hini nga South China Sea?

Important ini pero dre magawas ha exam.

In inga lands, rocks and reefs- maritime features which are

important in determining the maritime zones of a state. And we
shall know why later on.

Anut effect kun it usa nga state meda hya island which is part of its
territory? Anu liwat kune to na maritime feature rock la hya? Anu
liwat kun it usa na maritime feature is only a reef determined under
international law.

Is there legal basis under international law to China’s 9-dashed

lines?

The permanent court of arbitration says none. But of course

according to China there is. According to the PCA, no legal basis
whatsoever.

Basically nayakan hi PCA, follow kita ha UNCLOS. Waray ka legal

basis China. Yakan ni PCA, OK cge, kay anera basis historical
righ, ginpakita panera an era mapa mapa. Yes cge China meda
kmu historical right but take note such right were extinguished to
the extent that they were incompatible already with EEZ provided
for under the UNCLOS. Take note that Chinas 9-dashed lines are
not measured from baselines along its coast. Dre hya nafollow han
rules in determining different maritime zones na matikang la hya
from the baseline tas may certain measurements la. Dre na follow
eto na 9-dashed lines.

Nayakan hi PCA, if we follow that 9-dashed line. You are no longer

complying with the basic requirement under the UNCLOS. For
validly drawing the different maritime zones. Further the arbitration
said that the there was no evidenced that China has historically
This is class Chinas basis for claiming that it owns the South exercising exclusive control over the waters of the resources
China Sea. Base on supposed its historic title. Han era mapa, because the South China Sea is common fishing ground of many
mayda naka mark ana mga lines. Amu ini an era ciniciring na 9- states.
dashed lines. Because of that it asserts dominion and sovereignty
One of the issues in this case is whether the Philippine arbitration
over the South China Sea which is now the West Philippine Sea as
case against China is a territorial or maritime dispute. What did the
far as the Philippines is concerned.
court say?
So kitaa it encroachment api ha Vietnam, Brunie, Malaysia,
Taiwan, Philippines. Lukop an mga EEZ’s hinin na mga states.
China claims historic title over the area covered by the 9-dashed
lines but note that China did not explain the legal basis for the
dashes and the dashes has no fixed coordinates. They submitted
this 9-dashed lines map to the UN in 2009 and the same was
presented before the permanent court of arbitration to support their
claim over the West Philippine Sea. But in 2013, nadugangan ini

It is a maritime dispute. Why? We’re talking about delimitations of
the maritime zones by the China’s 9- dashed lines not measured
from the land and encroached on the 200 nautical miles EEZ of the
Philippines, whether certain geologic features are low tide
elevations. These are maritime issues not land dispute issues.
Why was it important, kay ha preliminary matters, gindedetermine
hit international court kun may jurisdiction ba hra o waray.
Well it PCA, this case was referred to them by the international
tribunal for the law of the sea which has jurisdiction over all
maritime dispute. It has also to determine kun land ba hya or
maritime dispute. Kasi kun land dispute hya, dre hya kakaptan han
court. It is because it is established as it is established as maritime
dispute, the court has jurisdiction.
Let’s go to the different maritime features na. Na kelangan nato
masabtan kun anu it era importance para ma determine an
maritime zones entitled it kada coastal state.
One of the issues of this case is whether ini na mga geologic or
maritime features, namely Mischief Reef, kay it pakiana na kasi
ngadi, knan Philippines b aini na mga maritime features. Kan
Philippines ba it Mischief Reef. Kan Philippines ba it Second
Thomas Shoal. Kan Philippines ba it Johnson South Reef. Tanan b
aini hra kanan Philippines. Tanan b aini hra found in the
Philippines EEZ.
Are this Low Tide Elevations and therefore they form part of the
submerged continental shelf? What is first a Low Tide Elevation?
A LTE, surrounded by water above water at low tide and
submerged in high tide. It is not land territory. Asya maritime
dispute hya. One of the considerations/fators na gin onsider Keanu
nakayakan an ourt that it s a maritime dispute.
Sine dire hya land territory. It does not generate a maritime zone.
Unlike an island, which is a land territory under the UNCLOS. Kun
island ka ngani makaka generate kat imo maritime zone, haimo
matikang it baseline kumbaga. Pero kun LTE kla, you cannot
generate maritime zone. Parehas hit mga bato or rocks.
Di geap hra makaka generate hin LTE beause it is not a land
territory.
These LTE beyond the territorial seais not subjet to
appropriationby any state.
Mischief Reef, Second Thomas Shoal, Johnsons South Reef. Are
these low tide elevations? And where are they found?
Mischief Reef is an LTE within the Philippines EEZ.
Does the Philippines have exclusive right to explore and exploit the
Mischief Reef? Ans: Yes, it is found in the EEZ,
So aton it Mischief Reef pero an nag himo artificial islands ngada
China. It is a part of Palawan and it was occupied by China in
1995. That time China said it was only building a fisherman shelter.
Not for any economic purpose. But now it is a military garrison
turning it to a 500 hectares military facility.
Is the Second Thomas Shoal an LTE within the Philippines EEZ?
Ans: It is an LTE
Is it found in the EEZ of the Philippines? Ans: Yes, it is just 105
nautical miles from the baseline of Palawan. Within pa hya 200
nautical miles of EEZ.
How about the Kagitingan Reef or Feiry Cross Reef?
Ans: It is actually a LTE but it is outside our EEZ. Pero Keanu aton
la geap hya? Because it is still within in our continental shelf. In
inga part het na area, heto na coastline, an aton continental shelf
nag exceed beyond 200 nautical miles pero within pa hya han 350.
Fortunately in inga Kagitingan Reef is found within the 350 nautical
miles na continental shelf. Again its an LTE found within our
continental shelf.
How about the Mabini Reef?
Ans: This is a high tide feature, It is not a LTE but it is a high tide
feature. Why is it in our jurisdiction? Because it is found in the
EEZ.
Can an artificial island generate a maritime zone?
Ans: It island under international law or particularly the UNCLOS
should be natural not man made.
If manmade la hya na island or artificial island it cannot generate a
maritime zone. Only natural islands can generate maritime zones.