FIRST LESSON

BRIEF BACKGROUND
 Started with the idea that nation state may have territorial
sovereignty over the sea and oceans.
 Hugo Grotius established the principle that high seas were open and
free for all. States cannot appropriate high seas.
 The seas have historically performed two important functions: as a
medium of communication and as a vast reservoir of resources.

Maritime territory is defined as coastal areas and sea that are under the
control and jurisdiction of a coastal nation.

Baseline are drawn from the low-water mark around the coasts of the
state. Based on UNCLOS, there are two ways of drawing baselines:

1. Normal Baselines the low-water line drawn along the coast and
follows the contours of the State.
Anglo Norwegian Fisheries Case
Article 5 of United Nations Convention on the Law of the Sea
(UNCLOS) III

2. Straight Baselines is a system of straight lines joining specified or

discrete points on the low-water line, usually known as straight
baseline turning points, which may be used only in localities where
the coastline is deeply indented and cut into, or if there is a fringe of
islands along the coast in its immediate vicinity.
Article 4 of the Geneva Convention on the Territorial Sea and
the Contiguous Zone
Article 7 of United Nations Convention on the Law of the Sea
(UNCLOS) III

ARCHIPELAGIC DOCTRINE
The archipelagic doctrine is a legal principle that treats an archipelago as a
single unit, with the waters around the islands considered internal waters of
the state. This means that the state has exclusive sovereignty over these
waters, regardless of their size.

BASELINES OF ARCHIPELAGIC STATE: Article 47 of United Nations

Convention on the Law of the Sea (UNCLOS) III
An archipelagic State may draw straight archipelagic baselines 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 ratio of the area of the water to the area of
the land, including atolls, is between 1 to 1 and 9 to 1.

NOTE: ICJ has taken the view that low-tide elevations may not be regarded
as part of the territory of the state concerned and thus cannot be fully
assimilated with islands. A low-tide elevation with a lighthouse or similar
installation built upon it may be used for the purpose of drawing a straight
baseline.

ISLAND is a naturally formed area of land, surrounded by water, which is

above water at high tide’. Where there exists a chain of islands which are
less than 24 miles apart, a continuous band of territorial sea may be
generated.
Article 121 of UNCLOS: Regime of Islands

INTERNAL WATERS
The area of sea between the coast and the baseline is considered internal
waters, not territorial waters. Internal waters are all the waters that fall
landward of the baseline, such as lakes, rivers, and tidewaters.
No right of innocent passage
Subject to the complete sovereignty of the nation

TERRITORIAL WATERS
A territorial sea is a belt of coastal waters that extends up to 12 nautical
miles from the baseline of a coastal state. The state has sovereignty over
the territorial sea, as well as the airspace above it and the seabed below.
Innocent passage: Foreign ships can pass through a territorial sea,
but they must follow the laws and regulations of the coastal state.
 General Rule: a coastal state may exercise its jurisdiction over foreign
ship within its internal water to enforce it laws, although the judicial
authorities of the flag state may also act where crimes have occurred
on board ship.
Warship: Authorization of the captain or of the flag state is necessary
before the coastal state may exercise its jurisdiction over the ship and
its crew.
LOW-TIDE ELEVATIONS: Article 13 of the UNCLOS: low-tide
elevation has no territorial sea, contiguous zone, exclusive economic
zone, or continental shelf. When found within the territorial sea of a
rock, island, or other land mass afforded a territorial sea, the low-tide
elevation may itself serve as the new baseline from which the
territorial sea and other entitlements will now be measured.

THE CONTIGUOUS ZONE

It is measured 24 nautical miles from the low water mark of the coast. Such
restricted jurisdiction zones have been established or asserted for a number
of reasons to prevent infringement of customs, immigration or sanitary law
of the coastal state, or to conserve fishing stocks. The coastal state may
exercise the control necessary to prevent infringement of its customs and
punish infringement in as far as this had happened.
THE EXCLUSIVE ECONOMIC ZONE
According to Article 57 of UNCLOS, it extends up to 200 nautical miles from
the baselines from which the breadth of the territorial sea is measured. The
coastal state may exercise sovereign rights over the economic resources of
the sea, seabed, subsoil and other States shall have the freedom of
navigation and over flight.
Article 56 par. 1(b) grants the coastal state the jurisdiction over the
establishment and use of artificial islands, installations and
structures. Also, it ahs exclusive jurisdiction on maritime scientific
research and protection and preservation of marine environment.
OVERLAPPING EEZ: States are enjoined to enter into a treaty for
the joint exploitation and utilization of resources.

THE CONTINENTAL SHELF

As stated on Article 76, par. 1 of the UNCLOS, it comprises the seabed and
the subsoil of the submarine areas that extend beyond a State’s territorial
sea. It extends throughout the natural prolongation if its land territory, all
the way to the outer edge of continental margin or distance of 200 miles
from the baselines from which the territorial sea is measured, if the outer
edge of the continental margin does not extend up to that distance.
North Sea Continental Shelf Case
Rights if States in Continental Shelf: Right of exploitation of oil
deposits and other resources. If the continental shelf extends to the
shores of another or shared with other state, the boundary shall be
determined in accordance with equitable principle.
Limits of Continental Shelf: The outer limit of the continental shelf
should not exceed 350 nautical miles from the baseline which
territorial sea began.
Submarine Ridges: The outer limit of the continental shelf should not
exceed 350 nautical miles from the baseline which territorial sea
began.
Reporting Requirements: If the continental shelf farther than 200
nautical miles from its baseline, the State shall submit the information
regarding such excess to UN Commission on the Limits of the
Continental Shelf.
HIGH SEAS
The high seas are treated as res communes or res nulius, and thus, are not
territory of any particular State.
Freedom of navigation, , flight over them, laying submarine cables
and pipes, fishing, research, mining, etc.
At present, however, this rule is subject to regulation arising from
treaty stipulations, e.g., regulations to keep the sea from pollution or
prohibiting nuclear testing.
PROHIBITION: Article 99 (transport of slaves), Article 100 (fullest
extent to repress piracy) AND Article108 (suppression of illicit traffic
in narcotics and psychotropic substances)
RIGHT TO VISIT: Warships have a right to approach to ascertain the
nationality of ships

HOT PURSUIT: Right of hot pursuit of a foreign ship is a principle

designed to ensure that a vessel which has infringed the rules of a coastal
state cannot escape punishment by fleeing to the high seas.
Pursuit in the Contiguous Zone
Under Article 111, par. 4 of the UNCLOS
Hot Pursuit Maintained by an Aircraft: Subject to the same rules as a
ship giving chase.
SINKING A SHIP. There appears to be no legal basis under the UNCLOS
which would allow a chasing ship to attack and sink the foreign ship.
POLLUTION: Article 24 of the 1958 Convention on the High Seas called on
states to draw up regulations to prevent pollution of the seas by the
discharge of oil or the dumping of radioactive waste.
DOCTRINE OF CONSTRUCTIVE PRESENCE. This provides that where a
main ship lies outside the territory of the State, but a boat connected with
the ship can be found within the territorial waters of the State and is there
violating the laws of the coastal State, the coastal State may pursue not only
the boat but also the ship. However, if either vessel enters its own State's
territory or the territory of a third State, the pursuit must still end.
IMPORTANCE OF MAKING DISTINCTIONS
To accurately distinguish their territory from those of other States
Similarly, in cases involving maritime disputes involving territorial
and maritime claims, the tribunal involved often characterizes the
nature of the area subject of the dispute before proceeding to decide
who has a right to it, going as far as to require a high standard of
evidence such as satellite imagery, aerial photography, and scientific
data.
Settlement of Disputes Arising from the UN Convention on the Law
of the Sea (UNCLOS)
Failing a bilateral settlement, Article 286 provides that any dispute shall be
submitted for compulsory settlement to one of the tribunals having
jurisdiction. These include the International Tribunal for the Law of the Sea
(ITLOS), the International Court of Justice, and arbitral or special arbitral
tribunals constituted under the UNCLOS.
International Tribunal for the Law of the Sea (ITLOS)
Composed of 21 independent members elected by the States Parties
to the UNCLOS
It has jurisdiction over all disputes and applications submitted to it in
line with the UNCLOS and other treaties.

LANDLOCKED STATES
Art 3 of the Geneva Convention of the High Seas provided that ‘in order to
enjoy freedom of the seas on equal terms with coastal states, states having
no sea coast should have free access to the sea’.
It is also to be noted that landlocked states have the rights to participate
upon an equitable basis in the exploitation of an appropriate part of the
surplus of the living resources of the economic zones of coastal states of the
same subregion or region, taking into account relevant economic and
geographical factors.
United Nations Convention on the Law of the Sea
 Law of the sea is a body of customs, treaties and international
agreements by which the governments maintain order, productivity
and peaceful relations on the sea.
 UNCLOS It lays down a comprehensive regime of law and order in the
world's oceans and seas establishing rules governing all uses of the
oceans and their resources.
 Philippines became member of UNCLOS since May 8, 1984.
 The development of UNCLOS:
1. 1958: Convention on the Territorial Sea and Contiguous Zone
2. 1962: Convention of the High Seas
3. 1968: Convention on Fishing and Conservation of Living Resources
4. 1974 Continental Shelf
5. 19982: Convention on the Law of the Sea
 Case of Magallona vs Ermita
 Two benefits of following UNCLOS demarcation: It would allow
the Philippines to claim the provided by UNCLOS. The claims of
Philippines will be strengthened as it is compatible with UNCLOS
 UNCLOS does not affect the claims of Philippines over disputed
territory

Philippine - China Arbitration case

Philippine - China Arbitration case

Origin: It is from arbitral decision on the collapsed of joint exploration of

Philippines, China and Vietnam in 2007. It is regarding to an agreement of
the potential hydrocarbons in the West Philippine Sea. Chinese coast guard
ships entered the Scarborough Shoal, a formation in the Kalayaan Islands
(Spratly Islands), harassed Filipino fisherman and established blockade of
the shoal. Philippines opted to have dispute settled through arbitration.
Submitted Contention: The status or characterization of Spratly Island
and the validity of the 9 dash line as a means of drawing maritime zone
Request to Arbitrated: Philippines and China are bound by the provisions
of UNCLOS.
Mode of Settlement: There are four options: Arbitration under Annex VII
with arbitral tribunal or arbitration under Annex VIII with a special
tribunal. For adjudication, it can be pursued under International Tribunal
for the Law of the Sea (ITLOS)
Arbitration: Since China and Philippines did not reach an agreement for
settlement, it will be subject for arbitration under Annex VII.
Selecting Arbitrators: There are 5 arbitrators, 1 is appointed by opposing
part, 1 by the part instituting the proceedings and 3 by the agreement of
the parties.
China’s non-selection: China refused to appoint, the President of ITLOS
appointed a member of the tribunal for them
Legality of 9-dash line: It is the mode by China to delineate its maritime
zones. According to the tribunal, it may be used as along as it is consonance
with the provisions of UNCLOS. It was ruled that it is unlawful and without
legal effect to the extent that it allowed China to exceed the geographic and
substantive limits of China’s maritime entitlements under UNCLOS.
Ruling on Historic Title: The historic rights of China was superseded by
the provision of UNCLOS as it was proven inconsistent.
Characterization of Spratly Island: If island, it has EEZ. If rock,
territorial sea only but no EEZ. If island is low-tide elevation, no territorial
sea. Spratlys is not an island under UNCLOS. It is merely rocks, incapable
of generating their own exclusive economic zone. The rocks are above water
during high tide but not capable of sustaining human habitation. Some of
the spratly island falls within the EEZ of the Philippines.
Purely extractive activities do not convert a rock into an island
The 2 requirements must be fulfilled for it to be considered as an
island
Historical usage: Not for human habitation but as temporary refuge or
base operations for both fisherman and workers engaged in mining.
Violations on the rights of Philippines: Yes. When China interfered on
the EEZ of Philippines on its fishing and exploration activities. Also, the
establishment of artificial islands and not stopping Chinese nationals from
fishing within the area. The Chinese law enforcements vessels were guilty of
serious risk of collision to Philippine vessels legally navigating the area.
Also, the extreme harm in the environment
China’s continued actions after submission of dispute to arbitration
to the tribunal is unlawful and violative of their obligation under
Articles 279 and 300 of UNCLOS.

SECOND LESSON
Jurisdiction
Jurisdiction concerns the power of the state under international law to
regulate or otherwise impact upon people, property and circumstances and
reflects the basic principles of state sovereignty, equality of states and non-
interference in domestic affairs.
JURISDICTION WITHIN A STATE
 Legislative jurisdiction refers to the supremacy of the
constitutionally recognized organs of the state to make binding laws
within its territory.
 Executive jurisdiction relates to the capacity of the state to act
within the borders of another state. Since states are independent of
each other and possess territorial sovereignty, it follows that
generally state officials may not carry out their functions on foreign
soil and may not enforce the law of their state upon foreign territory.
 Judicial jurisdiction concerns the power of the courts of a particular
country to try cases in which a foreign factor is present.
Bases of Jurisdiction
 Principle of domestic jurisdiction: it follows from the nature of the
sovereignty what while a state is supreme internally, that is within its
own territorial frontiers, and it must not intervene in the domestic
affairs of another nation.
 Territorial principle: This concept reflects one aspect of the
sovereignty exercisable by a state in its territorial home and is the
indispensable foundation for the application of the series of legal
rights that a state possesses.
 Active nationality principle: A State is entitled to exercise
jurisdiction over its nationals, even when they are found outside the
territory.
 Passive personality principle: Under this principle, a state may
claim jurisdiction to try an individual for offences committed abroad
which have affected or will affect nationals of the state.
 Protective principle: This principle provides that states may
exercise jurisdiction over aliens who have committed an act abroad
which is deemed prejudicial to the security of the particular state
concerned.
 Universality principle: Each and every state has jurisdiction to try
particular offences. The basis for this is that the crimes involved are
regarded as particular offensive to the international community as a
whole.
 Effects principle: It provides the effects of an act are felt within the
territory of a State, the State may take jurisdiction over the matter.
Exceptions of Jurisdiction
 Doctrine of State Immunity
 Act of State Doctrine
 Diplomatic Immunity
 Immunity of the United Nations, its Organs, Specialized Agencies,
Other International Organizations and its Officers
 Foreign merchant vessels exercising right of innocent passage or
arrival under stress
 Foreign armies passing through or stationed in the territory with the
permission of the State
 Warships and other public vessels of another State operated for non-
commercial purposes

WAR CRIMES, CRIMES AGAINST PEACE AND CRIMES AGAINST

HUMANITY
 In addition to piracy, war crimes are now accepted by most
authorities as subject to universal jurisdiction, though of course the
issues involved are extremely sensitive and highly political.

ILLEGAL APPREHENSION OF SUSPECTS AND THE EXERCISE OF

JURISDICTION
It would appear that unlawful apprehension of a suspect by state agents
acting in the territory of another state is not a bar to the exercise of
jurisdiction.
EXTRADITION: The practice of extradition enables one state to hand over
to another suspected or convicted criminals who have fled abroad.
EXTRATERRITORIAL JURISDICTION
The claims have arisen in the context of economic issues whereby some
state, particularly the US, seek to apply their laws outside their territory in
a manner which may precipitate conflicts with other states.
EXTRATERRITORIAL JURISDICTION refer to the competence of a State
to make, apply and enforce rules of conduct in respect of persons, property
or events beyond its territory. Such competence may be exercised by way of
prescription, adjudication or enforcement.
 The claims have arisen in the context of economic issues whereby
some state, particularly the US, seek to apply their laws outside their
territory in a manner which may precipitate conflicts with other
states.
American doctrine was made in United States v. Aluminum Company
of America

Types of Jurisdiction
1. Prescriptive Jurisdiction: The authority to establish legal norms.
2. Adjudicative Jurisdiction: The authority to resolve competing claims
3. Enforcement Jurisdiction: The authority to ensure compliance with
laws
Some examples of extraterritorial jurisdiction include:
• The immunity granted to diplomatic missions, military bases of
foreign countries, or offices of the United Nations
• The Revised Penal Code of the Philippines, which provides for
extraterritorial jurisdiction for certain offenses, such as crimes against
national security and piracy

EXTRATERRITORIAL ENFORCEMENT refers to the ability of a state to

apply and enforce its laws beyond its territorial boundaries, typically to
actions, persons, or property located outside of its jurisdiction. In a world
that is increasingly interconnected through trade, technology, and digital
communications, states are often faced with legal issues that involve
activities taking place across national borders.
PAGE 4 NA

THIRD LESSON