What Is UNCLOS

What is the UNCLOS?
It is also known as the Law of the Sea Treaty.

It is the international agreement that defined the limits of the
territorial seas of nations and the areas in which they could
exploit marine resources.
It also established the rules for the use of the high seas for
international navigation, and outlined the rights and
responsibilities of nations in the protection of the marine
environment.
What was the rationale for UNCLOS?
In the past, the three-mile rule was traditionally used by coastal
states to determine the limits of their territorial waters. After
WWII, states began extending their control beyond previous
limits.
Over the years and centuries as technology developed and the
needs of the people across the world grew, there emerged a
problem.
The depletion of fish stock in popular fishing sea such as the
North Sea
Threat of pollution arising from the water being released
from ships and oil tankers which carried harmful materials
across the world threatening coastal resorts and marine life
In the early 20th century, some nations expressed their desire to
extend national claims: to include mineral resources, to protect
fish stocks, and to provide the means to enforce pollution
controls.
It became imperative that a specific regulation be placed to
ensure proper protection and jurisdiction of the marine reserves.
UNCLOS paved the way for the existing nautical law. It became
necessary to resolve conflicts among countries over the seas

adjacent to their coasts.
CONSTITUTIONAL BASIS
Constitutional basis for UNCLOS can be found in Sections 2, 7, 15, and
16 of Article II of the 1987 Constitution. These provisions state that we
recognize and adopt international laws as part of the law of our land as
long as in dealing with our relations with other States, paramount
consideration should be given to our national sovereignty, territorial
integrity, and national interest.
Also, under Section 2 of Article XII, the State shall ensure the
protection of our marine wealth in our archipelagic waters, territorial
sea, and exclusive economic zone, and reserve its use and enjoyment
exclusively to Filipino citizens.
PRINCIPLE OF PACTA SUNT SERVANDA
Are States bound to fulfill the commitments they undertake under
UNCLOS?
YES, based on the principle of Pacta sunt servanda. It is a latin term
which means agreements must be kept. It is the principle in
international law which says that international treaties should be
upheld by all the signatories.
This rule is based upon the principle of good faith. The basis of good
faith indicates that a party to the treaty cannot invoke provisions of its
domestic law as a justification for a failure to perform.
The only limit to pacta sunt servanda is jus cogens which means
compelling law. That body of peremptory principles or norms from
which no derogation is permitted.
Jus cogens may operate to invalidate a treaty or agreement between
states to the extent of the inconsistency with any such principles or
norms. These are those which cannot be violated by any State through
international treaties or laws such as prohibition of genocide, maritime
piracy, torture, and slavery.
Philippines (Statement/Declaration)
The signing of the Convention by the Philippines shall not in any
manner impair or prejudice the sovereign rights of the Republic of
the Philippines under and arising from the Constitution of the
Philippines.
This Convention shall not be construed to amend our existing
laws and that we maintain and reserve the right and authority to
make any amendments to such laws, decrees or proclamations
pursuant to the provisions of the Philippines Constitution.
BRIEF BACKGROUND
The Convention was opened for signature on 10 December 1982
in Montego Bay, Jamaica.
Participated by more than 150 countries representing all regions
of the world.
Entered into force on 16 November 1994.

As of June 2011, there were 162 signatories. Philippines signed on
10 December 1982 and ratified it in 1984.
US has not ratified the nautical law. Main reason is because of the
disagreement about Part XI of Unclos. This part deals with the
aspect of minerals found on the seabed on the EEZ. It provides
equitable distribution of the proceeds of the seabed. US is
opposed to this theory inspite being the most important member
of the UN.
Comprises 320 articles and 9 annexes, governing all aspects of
ocean space, such as delimitation, environmental control, marine
scientific research, economic and commercial activities, transfer of
technology and the settlement of disputes relating to ocean
matters.

What Is UNCLOS

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What Is UNCLOS

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What is the UNCLOS?

It is also known as the Law of the Sea Treaty.

necessary to resolve conflicts among countries over the seas

Entered into force on 16 November 1994.

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