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 states 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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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.

Except: 1. The crime extends to the territorial coast 2. The crime disturbs the peace, good order, or security of the state 3. To stop drug trafficking 4. The foreign ship requests assistance of local authorities

The Right of Innocent Passage which is not prejudicial to the peace, good order or security of the coastal state. It applies only to sea navigation and not to overflight. It is suspendable, but there must be a declaration.

 Under Art20, a state should not stop or divert foreign ships for the purpose of exercising civil jurisdiction; except when it came from internal waters and is absconding, hot pursuit will apply.

Art19(2) LOS, enumerates acts that are not considered innocent passage: Any threat or use of force against the sovereignty of the coastal state 2. Any exercise or practice with weapons of any kind 3. Any act aimed at collecting information to the prejudice of the defense or security of the coastal state; 4. Any act of propaganda aimed at affecting the defense or security of the coastal state 5. The launching, landing or taking on board any aircraft 6. The launching, landing or taking on board any military device 7. The loading and unloading of any commodity contrary to customs, fiscal, immigration, or sanitary laws and regulations of the coastal state 8. Any act of willful and serious pollution contrary to this Convention 9. Any fishing activities 10. The carrying out of research or survey activities 11. Any act aimed at interfering with any systems of communication 12. Any other activity not having direct bearing on passage 1.

CONTIGUOUS ZONE Is an area of water not exceeding 24 nmi from the baseline. It thus extends 12 nmi from the edge of the territorial sea. A state has control over these waters and could continue to enforce laws in four specific areas: pollution, taxation, customs, and immigration.

EXCLUSIVE ECONOMIC ZONE It is the area extending not more than 200 nmi beyond the baseline. The coastal state has exclusive rights to explore and exploit the economic resources of the sea, seabed, subsoil, but such right does not affect the right of navigation and overflight. The coastal state has two obligations: a. No over-exploitation of the resources b. Must maintain and restore the resources c. Must promote optimum utilization of the resources

CONTINENTAL SHELF  Under Art19, if a foreign vessel is just traversing within the territorial sea, a state should not exercise its criminal jurisdiction over foreign vessels in the territorial sea except in certain specified situations; Is the natural prolongation of the land territory to the continental margins outer edge, or 200 nautical miles from the coastal states baseline, whichever is greater. States continental shelf may exceed 200 nautical miles until the natural prolongation ends.

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Internal Waters vs. Archipelagic Waters UNCLOS mentions archipelagic waters 1987 Constitutions mentions internal waters As a general rule, 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. It is res communes. 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. 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. Where the distance between the low-water marks of the natural entrance points of a bay exceeds 24nmi, a straight baseline of 24nmi shall be drawn within the bay. 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. -

Six freedoms on the High Seas: 1. 2. 3. 4. 5. 6. 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, surrounded by water, which is above water at high tide.

Nos 3, 5, 6: Given to the coastal state, exclusive rights

INTERNAL WATERS All waters landwards from the baseline of the territory. The coastal state is free to set laws, regulate use, and use any resource. Foreign vessels have no right of passage within internal waters. An island which can sustain life can have its own territorial sea, EEZ, and continental shelf. An island which cannot sustain life will only have territorial sea. To own an island, it does not need to be included within the baseline. A state can own an island through the exercise of its apparent and continuous sovereignty over the territory. If an island is submerged during high tide, no baseline can be drawn from that island.

ARCHIPELAGIC WATERS By connecting the selected points to form the baseline, all waters inside this baseline are designated Archipelagic Waters. Subject to right of innocent passage or right of archipelagic lanes passage. This is more onerous for the state, because it includes not only sea navigation but also overflight.

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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; AS Exclusive -188nmi: high seas; Economic zone exclusive rights 200 nmi; -200 nmi: ab. sovereignty Continental Extended: - 150 nmi: must be Shelf +150nmi claimed because its not inherent

Q: HOW MANY BASEPOINTS DOES THE PHILIPPINES HAVE? A: Previously in RA No. 5446 it was 81 base points, but as amended by RA 9522, presently there are 101 base points.

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