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What Is UNCLOS
What Is UNCLOS
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.