The document discusses key provisions of the United Nations Convention on the Law of the Sea (UNCLOS), including how it establishes zones of jurisdiction for coastal states and rights of passage. It defines internal waters, the territorial sea, archipelagic waters, the contiguous zone, the exclusive economic zone, and the continental shelf. It also covers the convention's provisions on protecting the marine environment, scientific research, and dispute resolution mechanisms.
The document discusses key provisions of the United Nations Convention on the Law of the Sea (UNCLOS), including how it establishes zones of jurisdiction for coastal states and rights of passage. It defines internal waters, the territorial sea, archipelagic waters, the contiguous zone, the exclusive economic zone, and the continental shelf. It also covers the convention's provisions on protecting the marine environment, scientific research, and dispute resolution mechanisms.
The document discusses key provisions of the United Nations Convention on the Law of the Sea (UNCLOS), including how it establishes zones of jurisdiction for coastal states and rights of passage. It defines internal waters, the territorial sea, archipelagic waters, the contiguous zone, the exclusive economic zone, and the continental shelf. It also covers the convention's provisions on protecting the marine environment, scientific research, and dispute resolution mechanisms.
and nine annexes introduced significant provisions such as but not limited to setting limits, navigation, archipelagic status and transit regimes, exclusive economic zones, continental shelf jurisdiction, deep seabed mining, the exploitation regime, protection of the marine environment, scientific research, and settlement of disputes. The convention set the limit of various areas, measured from a carefully defined baseline. The areas are as follows
Internal waters. Covers all water and
waterways on the landward side of the baseline. The coastal state is free to set laws, regulate use, and use any resource. Foreign vessels have no right of passage within internal waters. Article 8, UNCLOS Territorial sea. This is measured 12 nautical miles from the baseline, the coastal state is free to set laws, regulate use, and use any resource. Vessels were given the right of innocent passage through any territorial waters, with strategic straits allowing the passage of military craft as transit passage, in that naval vessels are allowed to maintain postures that would be illegal in territorial waters. "Innocent passage" is defined by the convention as passing through waters in an expeditious and continuous manner, which is not "prejudicial to the peace, good order or the security" of the coastal state. Fishing, polluting, weapons practice, and spying are not "innocent", and submarines and other underwater vehicles are required to navigate on the surface and to show their flag. Nations can also temporarily suspend innocent passage in specific areas of their territorial seas, if doing so is essential for the protection of its security. Archipelagic waters. The convention set the definition of Archipelagic States in Part IV, which also defines how the state can draw its territorial borders. A baseline is drawn between the outermost points of the outermost islands, subject to these points being sufficiently close to one another. All waters inside this baseline are designated Archipelagic Waters. The state has full sovereignty over these waters but foreign vessels have right of innocent passage through archipelagic waters. Article 47(1)(2), UNCLOS Contiguous zone. Beyond the 12 nautical mile limit, there is a further 12 nautical miles from the territorial sea baseline limit, the contiguous zone, in which a state can continue to enforce laws on customs, taxation, immigration and pollution, if the infringement started within the state's territory or territorial waters, or if this infringement is about to occur within the state's territory or territorial waters. This makes the contiguous zone a hot pursuit area. Article 33 (1) (2), UNCLOS Exclusive economic zones (EEZs). These extend from the edge of the territorial sea out to 200 nautical miles from the baseline. Within this area, the coastal state has sole exploitation rights over all natural resources. Foreign nations have the freedom of navigation and overflight, subject to the regulation of the coastal states. Foreign states may also lay submarine pipes and cables. Article 55-58, UNCLOS Continental shelf. The continental shelf is defined as the natural prolongation of the land territory to the continental margin’s outer edge, or 200 nautical miles from the coastal state’s baseline, whichever is greater. A state’s continental shelf may exceed 200 nautical miles until the natural prolongation ends. However, it may never exceed 350 nautical miles from the baseline; or it may never exceed 100 nautical miles beyond the 2,500 meter isobaths. Coastal states have the right to harvest mineral and non-living material in the subsoil of its continental shelf, to the exclusion of others. Coastal states also have exclusive control over living resources "attached" to the continental shelf, but not to creatures living in the water column beyond the exclusive economic zone. Aside from its provisions defining ocean boundaries, the convention establishes general obligations for safeguarding the marine environment and protecting freedom of scientific research on the high seas, and also creates an innovative legal regime for controlling mineral resource exploitation in deep seabed areas beyond national jurisdiction, through an International Seabed Authority and the Common heritage of mankind principle. It has also established the dispute resolution mechanisms. Territory as an element of a state means an area over which a state has effective control. The case of Las Palmas Islands substantiated the theory that control over a territory is the essence of a state. It was said that “sovereignty over a portion of the surface of the globe is the legal condition for the inclusion of such portion in the territory of any particular state.” The exact boundaries might be uncertain but at least there should be a definitive core over which the sovereignty is exercised 1. Discovery and Occupation 2. Prescription 3. Cession 4. Conquest 5. Subjugation 6. Accretion Discovery and occupation is a mode of acquisition by which territory not belonging to any state, terra nullius, is placed under the sovereignty of the discovering state. In occupation, it is important that a territory should be terra nullius – a territory belonging to no one at the time of the act alleged to constitute the occupation. Formerly, it was held that the mere fact of discovery by the agents of the state gave title to the state over a new territory. It was sufficient for a person in the name of his government to plan a cross or any other sign post and claim it for his possession. This time, it was held necessary that discovery be supplemented by effective occupation in order to give the title. Discovery alone, only gives an inchoate title. The rules of effective occupation are stricter in modern times than they were earlier. Up to the 18th century, discovery alone sufficed a legal title. Discovery accompanied by some symbolic act sufficed to establish good title to sovereignty over the land in question. In their words, “the formal ceremony of taking possession, the symbolic act was generally regarded as being wholly sufficient per se to establish immediately a right of sovereignty over or a valid title to areas claimed and did not require to be supplemented by the performance of other acts as in the case of effective occupation. A right or title so acquired and established was deemed good against claims set up in opposition thereof.” THE CASE OF ISLAND OF PALMAS CASE (NETHERLANDS, USA) APRIL 4, 1928 This case involves a dispute between United States of America and the Netherlands on Palmas Islands (also called Miangas). This case involves sovereignty and was resolved by arbitration. The title of discovery, if it had not already been disposed of by the Treaties of Munster and Utrecht, would, under the most favorable and most extensive interpretation, exists only as an inchoate title, as a claim to establish sovereignty by effective occupation. An inchoate title however cannot prevail over a definite title founded on continuous and peaceful display of sovereignty. that international law has stressed the importance of the “effective occupation” of islands to prove title rather than historical rights or first discovery. This precedent was laid down in the Island of Palmas case in April 1928. More recently, The International Court of Justice decided in December 2002 in favour of Malaysia and against Indonesia in relation to ownership over Pulau Ligitan and Pulau Sipadan for similar reasons. The court applied the test of evidence of “activities evidencing an actual, continued exercise of authority over the islands, i.e., the intention and will to act as sovereign”. It found that Malaysia had engaged in a regular pattern of state-sponsored activities “revealing an intention to exercise state functions” in relation to the islands and which were not opposed by Indonesia THE CONSTITUTIONALITY OF RA 9522 : PROF. MERLIN MAGALLONA ET AL., VS HON. EDUARDO ERMITA ET AL., G.R. NO. 187167 Archipelagic State means a state constituted wholly by one or more archipelago and may include other islands Dispute is a disagreement on a point of law or fact, a conflict of legal views or interests between two persons. As Defined by the Permanent Court of International Justice in the Mavrommatis Palestine Concessions Case(1924) cited in Anne Peters, International Dispute Settlement: A Network of Cooperational Duties. International dispute are those in which the rivaling claims are based on international law, particularly with the parties being subjects of international law dispute settlement is present when the competent body or mechanism is constituted under and functions according to international, not purely international rules Regime of Islands is covered by Article 121 of the UNCLOS, which refer to an island as naturally formed area of land, surrounded by water, which is above water at high tide.