LAW OF THE SEA

BY: RHEA BEVERLY C. LLAMELO

(JD-2)

A REQUIREMENT IN PUBLIC INTERNATIONAL LAW

 UNITED NATION
CONVENTION ON THE LAW OF THE SEA
(UNCLOS)

 IT DEFINES THE RIGHTS AND OBLIGATIONS OF NATIONS IN THEIR USE OF THE

WORLD OCEANS
 ESTABLISHES RULES FOR BUSINESS, THE ENVIRONMENT AND THE
MANAGEMENT OF MARINE NATURAL RESOURCES.
 INTERNATIONAL LAW OF THE SEA

 A body of treaty rules and customary norms governing the uses of the sea, the
exploitation of its resources, and the exercise of jurisdiction over maritime regimes.

 It is a branch of Public International Law which regulates the relations of states with
respect to the use of the oceans.
 INTERNATIONAL TRIBUNAL FOR THE LAW OF
THE SEA (ITLOS)
 An independent judicial body established by the UNCLOS III to adjudicate disputes
arising out of the interpretation and application of the convention.

 It was established after Ambassador Arvido Pardo Malta who addressed the General
Assembly of the United Nations and called for “an effective international regime over
the seabed and ocean floor beyond a clearly defined national jurisdiction.”
 JURISDICTION OF THE ITLOS

 Covers all disputes submitted to it in accordance with the UNCLOS.

 It also includes matters submitted to it under any other agreement.
 Composed of 21 independent members elected from among persons enjoying the
highest reputation for fairness and integrity and of recognized competence in the field
of the law of the sea.
 ARTICLE 1: NATIONAL TERRITORY VIS-À-VIS
ARCHIPELAGIC DOCTRINE
“ 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.”
 BASELINE

 A baseline is the line from which a breadth of the territorial sea and other maritime
zones, such as the contiguous zone and the exclusive economic zone is measured.

 Its purpose is to determine the starting point to begin measuring maritime zones
boundary of the coastal state.
 2 KINDS OF BASELINES

1. Normal Baseline
 where the territorial sea is the low-water line along the coast as marked on largescale
charts officially recognized by the coastal state { Article 5, UNCLOS}
2. Straight Baseline
 Where the coastline is deeply indented or cut into, or if there is a fringeof islands
along the coast in its immediate vicinity, the method of straight lines joining the
appropriate points may be employed in drawing the baseline from which the breadth
of the territorial sea is measured. {Article 7, UNCLOS}
 HOW BASELINE IS FORMED?

1. Mouths of Rivers

If a river flows directly into the sea, the baseline shall be a straight line across the mouth
of the river between points on the low-water line of its banks. {Article 9, UNCLOS}
2. Bays
 Where the distance between the low-water marks of the natural entrance points:
a.) does not exceed 24 nautical miles
 closing line may be drawn between these two low-water marks, and the waters
enclosed thereby shall be considered as internal waters. {Article 10(4) UNCLOS}
b.) exceeds 24 nauticle miles
 Straight baseline of 24 nauticle 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.
{Article 10 (5) UNCLOS}
BAY
 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 curvature of the
coast. {Article 10 (2) UNCLOS}
 REPUBLIC ACT 9522

“AN ACT TO AMMEND CERTAIN PROVISIONS OF REPUBLIC ACT NO. 3046,

AS AMMENDED BY R.A. 5446, TO DEFINE THE ARCHIPELAGIC BASELINES
OF THE PHILIPPINES, AND FOR OTHER PURPOSES.”
 MAGALLONA ET AL VS. EXECUTIVE
SECRETARY G.R. NO. 187167
FACTS: Petitioners assail the constitutionality of RA 9522. R.A. 9522 reduces the
territory of thr Philippines in violation to the Constitution and it opens the country to
maritime passage of vessels and aircrafts of other states to the detriment of the economy,
sovereignty, national security and of the Constitution as well. Also they added that the
classification of Regime of Islands would be prejudicial to the lives of the fishermen.
ISSUE/S:
W/N R.A. 9522 IS UNCONSTITUTIONAL
W/N R.A 9522 DELINEATES THE TERRITORY OF THE PHILIPPINES
HELD:
The Supreme Court dismissed the petition. R.A. 9522 is not unconstitutional nor did it
delineate the territory of the Philippines but is merely a statutory tool to demarcate the
country’s maritime zones and continental shelof under UNCLOS III. The SC emphasized
that UNCLOS III is not a mode of acquiring or losing a territory as provided in the laws
of nations.
UNCLOS III is a multi-lateral treaty that is a result of a long-time negotiation to
establish a uniform sea-use rights over maritime zones.
 MARITIME ZONES

1. Territorial waters
 12 nautical miles from the baselines
2. Contiguous Zones
 24 nautical miles from the baselines
3. Exclusive Economic Zones
 200 nautical miles from the baselines
 ARCHIPELAGO

 it 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 from an intrinsic geographical, economic and political entity, or
which historically have been regarded as such {Article 46, UNCLOS}
 DOMESTIC LAWS VIS-A-VIS UNCLOS III

1. It would allow the Philippines to claim the rights provided in the UNCLOS.
2. In case of breach of these rights, the claim of the pHilippines would be strenghtened
because its claim would be compatible with the rights provided under UNCLOS.
NOTE:
ABIDING UNCLOS is therefore a means of giving notice to the rest of the International
community of the scope of the maritime areas that the Philippines has an established
right to, and the extent of such right.
 ARCHIPELAGIC STATES

 A STATE CONSTITUTED WHOLLY BY ONE OR MORE ARCHIPELAGOS AND

MAY INCLUDE OTHER ISLANDS {ARTICLE 46, UNCLOS}
 GUIDELINES IN DRAWING ARCHIPELAGIC
BASELINES
1. The length of such baselines shall not exceed 100 nautical miles, except that up to
3% of the total no. of baselines enclosingany archipelago may exceed that length,
upto a maximum length of 125 nauticle miles. {Article 47 (2)UNCLOS}
2. The drawing of such baselines shall not depart to any appreciable extent from the
general configuration of the archipelago. {Article 47 (3)UNCLOS}
3. Such baselines shall not be drawn to and from low tide elevations.{Article 47 (4)
UNCLOS}
4.) It shall not be applied in such a manner as to cut off from the high seas or the
exclusive economic zone the territorial sea of another State. {Article 47(5)UNCLOS}
5.) IF a part of the archipelagic water of an archipelagic State lies between two parts of
an immediately adjacent neighboring State, existing rights and all other legitimate
interests which the latter State has traditionally exercised in such waters and all rights
stipulated by agreement between those States shall continue and be respected. {Article
47 (6 UNCLOS)}
 HOW MAY AN ARCHIPELAGIC STATE DRAW
STRAIGHT ARCHIPELAGIC BASELINES?
ANSWER:
BY joining the outermost points of the outermost islands and drying reefs of the
archipelago provided that within such baselines are included the main islands and an
area in which the ration of the water to the area of the land, including atolls, is between 1
to 1 and 9 to 1.
{Article 47, UNCLOS}
 ARCHIPELAGIC WATERS

THESE ARE THE WATERS ENCLOSED BY THE ARCHIPELAGIC BASELINES,

REGARDLESS OF THEIR DEPTH OR DISTANCE FROM THE COAST.
{ARTICLE 49 (1) UNCLOS}
SOVEREIGNTY OF THE ARCHIPELAGIC STATES
TO ARCHIPELAGIC WATERS
Archipelagic States have sovereignty over the archipelagic waters. However, such
sovereignty is subject to the right of innocent passage which is the same nature as the
right of innocent passage in the territorial sea.
{Article 52(1)UNCLOS}
 IT IS ALSO SUBJECT TO:

1. Rights under existing agreement on the part of the Third States should be respected.
{Article 51(1) UNCLOS}
2. The traditional fishing rights and other legitimate activities of the immediately
adjacent neighboring States (Ibid)
3. Existing submarine cables laid by other States and “passing through its waters
without making a windfall” as well as the maintenance and replacement of such
cables upon being notified of their location and the intention to repair or replace
them. {Article 51 (2) UNCLOS}
 RULES ON PASSAGE

GENERAL RULE:
Ships (not aircraft ) of ALL STATES enjoy the right of innocent passage through the
territorial sea (not throught internal waters). However, the passage must be continuous
and expeditious, except in cases of force majeure.
NOTE:
Submarines and other underwater craft are required to navigate on the surface and show
their flag.
 SUSPENSION ON THE RIGHT TO INNOCENT
PASSAGE IN AREAS OF ARCHIPELAGIC WATERS
The SUSPENSION must be:
1. Without discrimination in form or in fact among foreign ships.
2. Essential for the protection of its security; and
3. Shall take effect only after having been duly published.
{Article 52(2) UNCLOS}
RIGHT OF ARCHIPELAGIC SEA LANES PASSAGE

IT IS THE RIGHT OF FOREIGN SHIPS AND AIRCRAFT TO HAVE CONTINUOUS,

EXPEDITIOUS AND UNOBSTRUCTED PASSAGE IN SEA LANES AND AIR
ROUTES THROUGH OR OVER THE ARCHIPELAGIC WATERS AND THE
ADJACENT TERRITORIAL SEA OF THE ARCHIPELAGIC STATE, “IN TRANSIT
BETWEEN ONE PART OF THE HIGH SEAS OR AN EXCLUSIVE ECONOMIC
ZONE.” ALL SHIPS AND AIRCRAFT ARE ENTITLED TO THE RIGHT OF
ARCHIPELAGIC SEA LANES PASSAGE.
{MAGALLONA,2005; ARTICLE 53(1) UNCLOS}
 THE WATERS EMBODIED IN THE UNCLOS

1. INTERNAL WATERS
2. TERRITORIAL SEA
3. CONTIGUOUS ZONE
4. EXCLUSIVE ECONOMIC ZONE
5. HIGH SEAS
 INTERNAL WATERS

 These are the waters of lakes, rivers and bays landward of the baseline of the
territorial sea. Waters on the landward side of the baseline of the territorial sea also
form part of the internal watersof the coastal state. However, in the case of
archipelagic States, waters landward of the baseline other than those of rivers, bays
and lakes, are archipelagic waters.
{MAGALLONA, 2005; ARTICLE 8(1) UNCLOS}
 Q: IS THERE A RIGHT OF INNOCENT PASSAGE
THROUGH INTERNAL WATERS?
ANSWER:
NO. The right of innocent passage applies only to territorial sea and the archipelagic waters.
However, a Coastal State may extend its internal waters by applying the straight baseline methodin
such a ways as to enclose as its internal water areas which are previously part of the territorial sea.
It also applies to straits used for International navigation converted into internal waters by
applying the straight baseline method. Thus, the right of innocent passage continues to exist in the
“extended” internal waters.
{MAGALLONA, 2005; ARTICLE 8 (2) UNCLOS}
 TERRITORIAL SEA

 These waters stretch up to 12 nautical miles from the baseline on the seaward
direction. They are subject to the jurisdiction of the coastal state, which jurisdiction
almost approximates that which is exercised over land territory.

 Except that the coastal state must respect the rights to 1.) innocent passage and in the
case of certain straits, to 2.) transit passage
 1.) INNOCENT PASSAGE

 Navigation through the territorial sea without entering internal waters, going to
internal waters, or coming from internal waters and making to the high seas. It must…
a.) involve only acts that are required by navigation or by distress, and
b.)not prejudice the peace, security, or good order of the coastal state.
 2.) TRANSIT PASSAGE

 The right to exercise freedom of navigation and overflight solely for the purpose of
continuous and expeditious transit through the straits used for International
Navigation. The right cannot be unilaterally suspended by the Coastal State.
 INNOCENT VS. TRANSIT PASSAGE
INNOCENT PASSAGE TRANSIT PASSAGE
1. Pertains to navigation of ships only 1. Includes the right of overflight
2. Requires submarines and other 2. Submarines are allowed to navigate in
underwater vehicles to navigate on the “normal mode.”
surface and show their flags.
3. Can be suspended 3. Cannot be suspended
4. In the designation of the sea lanes and 4. Designation of sea lanes and traffic
traffic schemes, the coastal state shall separation shemes is subject to adoption
only take into account the by competent International Organization
recommendation of competent upon the proposal and agreements os
Internatational Organization. States bordering the Straits.
 CONTIGUOUS ZONE

 This is the maritime zone ( up to 24 nautical miles) adjacent to the territorial sea where
the Coastal State may exercise certain protective jurisdiction.
 Thus, 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.
 THALWEG DOCTRINE

 IT PROVIDES THAT FOR BOUNDARY RIVERS , IN THE ABSENCE OF AN

AGREEMENT BETWEEN THE RIPARIAN STATES , THE BOUNDARY LINE IS
LAID IN THE MIDDLE OF THE MAIN NAVIGABLE CHANNEL.
 EXCLUSIVE ECONOMIC ZONE

 IT gives the Coastal State sovereign rights over all economic resources of the sea, sea-
bed and subsoil in an area extending not more than 200 nautical miles beyond the
baseline from which the territorial sea is measured. {MAGALLONA, 2005,
ARTICLES 55 AND 57, UNCLOS}

 STATES have the sovereign right to exploit the resources of this zone. But shall share
that part of the catch that is beyond its capacity to harvest.
 SOVEREIGN RIGHTS OF A COASTAL STATE IN
EEZ
1. For the purpose of exploring and exploiting , conserving and managing the living
and non-living resources in the super adjacent waters of the seabed and the
resources of the sea-bed and the sub-soil.
2. With respect to the other activities for the economic exploitation and exploration of
the EEZ, such as production of energy from water, currents and winds.
JURISDICTIONAL RIGHTS OF A COASTAL STATE
IN EEZ
1. With respect to establishment and use of artificial islands.
2. As to protection and preservation of the marine environment; and
3. Over marine scientific research.
 OBLIGATIONS OF A COASTAL STATE IN EEZ.

1. Proper conservation and management measures that the living resources of the EEZ
are not subjected to overexploitation.
2. Promote the objective of “optimum utilization” of the living resources.
{MAGALLONA 2005, ARTICLE 61(1 AND 2) UNCLOS}
 LAND-LOCKED STATES

THESE ARE STATES WHICH DO NOT BORDER THE SEAS AND DO NOT HAVE
EXCLUSIVE ECONOMIC ZONES.
{MAGALLONA,2005}
 RIGHTS OF LAND-LOCKED STATES

SHALL have the RIGHT to participate, on an equitable basis, the exploitation of an

appropriate part of the surplus of the living resources of the EEZ of coastal States of the
same subregion or region, taking into account the relevant economic and geographical
circumstances of all States concerned.
{ARTICLE 69 (1) UNCLOS}
 HIGH SEAS

 These are all parts of the sea that are not included in the EEZ , in the territorial sea or
in internal waters of a State or are in the archipelagic waters of the archipelagic State.
 They are BEYOND the jurisdiction and sovereign right of States.
 FREEDOM OF THE HIGH SEAS

1. Freedom of navigation
2. Freedom of overflight
3. Freedom of fishing
4. Freedom to lay submarine cables and pipelines
5. Freedom to construct artificial islands and installations
6. Freedom of scientific research
NOTE:
ALL STATES must exercise these freedoms with due regard for the interests of other States.
NOTE:
 IN the HIGH SEAS , a State has exclusive jurisdiction over ships sailing under its
flag, hence it is called a “FLAG STATE”
 Warships and ships owned and operated by a State also enjoy immunity from the
jurisdiction of any other State other than the Flag State.
ISSUES: CHINA VS. PHILIPPINES
 SOUTH CHINA SEA ARBITRATION ( PCA CASE
NO. 2013-19)
BETWEEN: REPUBLIC OF THE PHILIPPINES AND THE PEOPLE’S REPUBLIC
OF CHINA
BEFORE: AN ARBITRAL TRIBUNAL CONSTITUTED UNDER ANNEX VII TO
THE UNCLOS 1982
REGISTRY: PERMANENT COURT OF ARBITRATION
DATE OF AWARD: JULY 12, 2016
 JUST BE SILENT
LET YOUR SUCCESS BE YOUR NOISE!
THANK YOU AND GODBLESS!!!