United Nations Convention on the

Law of the Sea (UNCLOS)

Constitutional Law Review 1 (September 14, 2021)

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  TERRITORIAL SEA
 INTERNAL WATERS
 ARCHIPELAGIC WATERS
 CONTIGUOUS ZONE
 EXCLUSIVE ECONOMIC
ZONE (EEZ)
 BASELINES
 CONTINENTAL SHELF

SALIENT INNOCENT PASSAGE
 HIGH SEAS
PROVISIONS  SETTLEMENT OF
DISPUTES/REMEDIES
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What is UNCLOS?
-Signed in 1982 in Montego Bay, Jamaica and came into force in 1994.
• An international treaty that provides a regulatory framework for the
use of the world's seas and oceans, inter alia, to ensure the
conservation and equitable usage of resources and the marine
environment and to ensure the protection and preservation of the
living resources of the sea.

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The Convention has created three new institutions on the international scene, as
follows:

1. International Tribunal for the Law of the Sea (ITLOS). This was established on 10
December 1982 as a judicial body that adjudicates disputes related to the Convention.
2. International Seabed Authority (ISA). This was established on 16 November 1994
as an autonomous organization under UNCLOS that regulates mineral resources
exploration and exploitation in deep seabed areas beyond national jurisdiction called the
"Area." The resources are administered under the principle that these are part of the
common heritage of mankind.
3. Commission on the Limits of the Continental Shelf (CLCS). This was established in
1997 is an institution that defines and sets the limits of the different maritime zones and
provides scientific and technical advice to Coastal States submitting their claims.

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 THE PHILIPPINES AND THE
1982 CONVENTION ON THE
LAW OF THE SEA

Ratified the Convention on

August 5, 1984 with
reservations.

Subtitle

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 BASELINE

NORMAL BASELINE STRAIGHT BASELINE

Article 5
 Normal baseline is the Low-water line
along the coast as marked on large-
scale charts officially recognized by
the coastal State.
Article 7
 In localities where the coastline is deeply
indented and cut into, or if there is a
fringe of islands along the coast in its
immediate vicinity, the method of
straight baselines joining appropriate
points may be employed in drawing the
baseline from which the breadth of the
territorial sea is measured.

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 BASELINE

NORMAL BASELINE STRAIGHT BASELINE

Article 47
 An archipelagic State may draw straight
 Normal baseline follows the
archipelagic baselines joining the
curvatures of the coast and outermost points of the outermost islands
therefore would normally not and drying reefs of the archipelago
consists of straight lines. provided that within such baselines are
included the main islands and an area in
which the ratio of the area of the water to
the area of the land, including atolls, is
between 1 to 1 and 9 to 1.

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INTERNAL WATERS
Article 8
waters on the landward side of the baseline of the territorial sea form
part of the internal waters of the State.

Not subject to the right of innocent passage

however, where the establishment of a straight baseline in accordance with the
method set forth in article 7 has the effect of enclosing as internal waters areas
which had not previously been considered as such right of innocent passage as
provided in this Convention shall exist in those waters

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TERRITORIAL SEA
Article 2 (1)
 Adjacent belt of sea beyond the land territory and internal waters, in
the case of an archipelagic State, its archipelagic waters.
 Up to 12 nautical miles measured from baselines. (Art. 3)
 or in the case of islands situated on atolls or of islands having
fringing reefs, the baseline for measuring the breadth of the
territorial sea is the seaward low-water line of the reef (Art. 6)

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TERRITORIAL SEA
Article 2 [2&3]
 The State’s sovereignty extends to its territorial sea and also
extends to the air space over the territorial sea as well as to
its bed and subsoil.

Article 17
 subject to innocent passage

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 Passage and the Right of Innocent Passage
Article 17
 Subject to this Convention, ships of all States, whether coastal or land-locked, enjoy
the right of innocent passage through the territorial sea.

Article 18
 Passage means navigation through the territorial sea for the purpose of:
(a)traversing that sea without entering internal waters or calling at a
roadstead or port facility outside internal waters; or
(b)proceeding to or from internal waters or a call at such roadstead or port
facility.

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 Passage and the Right of Innocent Passage

Article 19
 Passage is innocent so long as it is not prejudicial to the peace, good
order or security of the coastal State.

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ARCHIPELAGIC WATERS
 The internal waters being referred to in Art. 8(2) of the Convention
are referred to in Art. 53 as archipelagic waters and says that:

“An archipelagic State may designate sea lanes and air routes thereabove,
suitable for the continuous and expeditious passage of foreign ships and
aircraft through or over its archipelagic waters and the adjacent
territorial sea.”

 the State exercises sovereignty in its archipelagic waters

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ARCHIPELAGIC STATE

Art. 46a
 means a State constituted wholly by one or more archipelagos and
may include other islands

ARCHIPELAGO

Art. 46b
 means a group of islands, including parts of islands,
interconnecting waters and other natural features which are so
closely interrelated that such islands, waters and other natural
features form an intrinsic geographical, economic and political
entity, or which historically have been regarded as such.

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CONTIGUOUS ZONE
Article 33
1. In a zone contiguous to its territorial sea, described as the contiguous zone, the
coastal State may exercise the control necessary to:
(a) prevent infringement of its customs, fiscal, immigration or sanitary laws
and regulations within its territory or territorial sea;
(b) punish infringement of the above laws and regulations committed within
its territory or territorial sea.

2. The contiguous zone may not extend beyond 24 nautical miles from the
baselines from which the breadth of the territorial sea is measured.

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EXCLUSIVE ECONOMIC ZONE
Article 57
 The exclusive economic zone shall not extend
beyond 200 nautical miles from the baselines from
which the breadth of the territorial sea is measured.

Article 55
 The exclusive economic zone is an area beyond and
adjacent to the territorial sea, subject to the
specific legal regime established in this Part, under
which the rights and jurisdiction of the coastal State
and the rights and freedoms of other States are
governed by the relevant provisions of this
Convention.
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RIGHTS, JURISDICTION AND DUTIES OF THE COASTAL STATE
IN THE EEZ
Article 56
(a) sovereign rights for the purpose of exploring and exploiting, conserving and
managing the natural resources, whether living or non-living, of the waters
superjacent to the seabed and of the seabed and its subsoil, and with regard to other
activities for the economic exploitation and exploration of the zone, such as the
production of energy from the water, currents and winds;
(b) jurisdiction as provided for in the relevant provisions of this Convention with
regard to:
(i) the establishment and use of artificial islands, installations and structures;
(ii) marine scientific research;
(iii) the protection and preservation of the marine environment;
(c) other rights and duties provided for in this Convention.

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CONTINENTAL SHELF
Article 76
Comprises the seabed and subsoil of the submarine areas that extend beyond its
territorial sea throughout the natural prolongation of its land territory to the outer
edge of the continental margin.
distance of 200 nautical miles from the baselines from which the breadth of the
territorial sea is measured where the outer edge of the continental margin does not
extend up to that distance.

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HIGH SEAS
- all parts of the sea that are not included in the exclusive economic zone, in the
territorial sea or in the internal waters of a State, or in the archipelagic waters of an
archipelagic State. (Art. 86)

Freedom of the High Seas (Art. 87)

a) freedom of navigation;
b) freedom of overflight;
c) freedom to lay submarine cables and pipelines, subject to Part VI;
d) freedom to construct artificial islands and other installations permitted
under international law, subject to Part VI;
e) freedom of fishing, subject to the conditions laid down in section 2;
f) freedom of scientific research

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HOT PURSUIT
Article 111
may be undertaken when the competent authorities of the coastal State have good reason to
believe that the ship has violated the laws and regulations of that State.
The right of hot pursuit shall apply mutatis mutandis to violations in the exclusive economic
zone or on the continental shelf, including safety zones around continental shelf installations, of
the laws and regulations of the coastal State applicable in accordance with this Convention to
the exclusive economic zone or the continental shelf, including such safety zones.
The right of hot pursuit ceases as soon as the ship pursued enters the territorial sea of its
own State or of a third State.

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SETTLEMENT OF DISPUTES
(interpretation or application of this Convention)
Obligation to settle disputes by peaceful means [Article 279]
Settlement of disputes by any peaceful means chosen by the parties [Article
280]
General, regional or bilateral agreements of State Parties which are parties to
a dispute [Article 282]
Exchange of views regarding the settlement by negotiation or other peaceful
means [Art. 283]
Conciliation [Article 284]

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FORA FOR DISPUTES NOT RELATED TO JUDGMENT
INVOLVING INTERPRETATION OF THE CONVENTION:

1. Special Arbitration (Annex VIII, Art 5)

2. Conciliation Procedure (Annex V, Sec. 1 pursuant to Part XI, Sec 1, settlement of
Disputes)
3. Binding Commercial Arbitration
Interpretation of contracts and plan of work (Art. 188, par. 2)

Financial Terms (Annex III, Art. 13, Par. 15)

Financial terms of technology transfer (Annex III, Art. 5, Par. 4)

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SETTLEMENT OF DISPUTES

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SETTLEMENT OF
DISPUTES

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JURISDICTION OF INTERNATIONAL
TRIBUNAL FOR THE LAW OF THE SEA

• The jurisdiction of the Tribunal

comprises all disputes and all
applications submitted to it in
accordance with this Convention and
all matters specifically provided for in
any other agreement which confers
jurisdiction on the Tribunal.

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THANK
YOU
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