LAW OF THE SEA

OBJECTIVES:

1. Identify the principles of the law of the sea;

2. Explain the concepts of the baseline , archipelagic
state, and the Philippine archipelagic state; and
3. Differentiate the territorial sea, the Exclusive
Economic Zone (EEZ), continental shelf, high seas,
and the responsibilities of the coastal states.
What is your idea of the law of the
sea?
Definition of Terms

• Law of the Sea – A body of international

rules that binds states and others subjects of
international law in their maritime affairs.
Baseline – The line from which the outer
limits of marine spaces under the
national jurisdiction of the coastal state
are measured. It is also the line
distinguishing internal waters from the
territorial sea.
Archipelagic state – a state constituted
wholly by one or more archipelagos and
may include other islands.
Archipelago – 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 form
an intrinsic geographical, economic, and
political entity or which historically have
been regarded as such.
The law of the sea have been
governed by the following principles:

1. Principle of freedom
2. Principle of sovereignty and
3. Principle of the common heritage of mankind
 The Principle of Freedom

 Aimsto ensure the freedom of the various

uses of the oceans.
 The Principle of Sovereignty

 Seeks to safeguard the interests of coastal

states.
The Principle of the common heritage
of mankind
 Seeksto promote the common interest of all
people in present and future generations.
The types of baselines are so follows:

1. Normal baseline
2. Straight baseline
3. Closing lines across river mouths and bays
4. Archipelagic baselines
 The Normal baseline

 Isthe low-water line along the coast as

marked on large-scale charts officially
recognized by coastal state (Article 5,
UNCLOS III).
The straight baseline

 Itmust not depart to any appreciable extent

from the general direction of coast.
 Closing lines across river mouths and
bays
 A closingline across the entrance of a bay,
where the landward waters from the closing
line have become internal waters (Tanaka,
2012).
 Archipelagic Baselines

 Under Par. (a), Art. 46, UNCLOS III, an

archipelagic state is a state constituted
wholly by one or more archipelagos and may
include other islands.
There are two kinds of archipelago:

1. Coastal
2. Outlying or mid-ocean
 The Coastal Archipelago

 Refers to a group of islands situated so

close to a main land that they may be
considered a part thereof, forming more or
less an outer coastline from which it is
natural to measure the marginal seas.
Outlying or mid-ocean
Archipelago
 Refers to a group of islands situated in the
ocean at such distance from the coasts of
firm land as to be considered as an
independent whole rather than forming part
of, our outer coastline of the mainland.
 Straight Archipelagic Baselines

 Under Par.1, Article 47, UNCLOS III, an

archipelagic state may draw straight
archipelagic baselines joining the outermost
islands and dying reefs of the archipelago.
 Under the UNCLOS III

 The archipelagic state, such as the

Philippines, has the following obligations:
1. Respect the traditional fishing rights of third
states;
2. Respect existing marine cable;
 3. If a part of the archipelagic waters lies between
two parts of an immediately adjacent neighboring
state, existing rights and all other legitimate interest
which the neighboring state has traditionally
exercised in such waters and all rights stipulated by
agreement between the archipelagic state and the
neighboring state shall continued to be respected;

4. Provide the right of innocent passage and that of

archipelagic sea lanes passage.
Archipelagic sea lanes passage

 Pertains to the exercise in accordance with

UNCLOS III of the rights of navigation and
overflight in the normal mode solely for the
purpose of continuous, expeditious, and
unobstructed transit between one part of the high
seas or an exclusive economic zone and another
part of the high seas or an exclusive economic
zone (Par. 3, Article 53, UNCLOS III).
 Territorial Sea

 A marinespace under the territorial

sovereignty of the coastal state up to a limit
not exceeding twelve (12) nautical miles
measured from the baselines.
Under Articles 20-25 of the UNCLOS III, a state
has the following obligations pertaining to its
territorial sea:

1. Protection of navigational aids, cables, and pipelines

2. Conservation of marine living resources
3. Overall environmental protection and scientific
research
4. Prevention of the infringement of customs, fiscal,
immigration, and sanitary laws
5. Ensuring the safety of navigation
6. Taking necessary steps to prevent passage which is
not innocent
 The Right of Innocent Passage

 Isthe right of foreign merchant ships to pass

unhindered through the sea of a coast
(Shaw, 2008).
 Including Foreign Warships

 Areentitled to the right of innocent passage

through the territorial waters of a coastal
state.
Exclusive Economic Zone (EEZ)

 The EEZ is an area beyond and adjacent to

the territorial sea, not extending beyond 200
nautical miles from the baseline of the
territorial sea (Articles 55 & 57, UNCLOS III).
 Continental Shelf

 The continental shelf of a coastal state comprises the

seabed and subsoil of the submarine areas that extend
beyond its territorial sea throughout the natural prolongation
of its land territory to the outer edge of the continental
margin, or to a distance of 200 nautical miles from the
baselines from which the breadth of the territorial sea is
measured where the outer edge of the continental marine
does not extend up to that distance (Art. 76, UNCLOSS III).
 High Seas

 The high seas are all parts of the sea that

are not within an EEZ, the territorial sea,
internal waters or archipelagic waters
( Article 86, UNCLOS III).
 International Tribunal for the Law of
the Sea (ITLOS)
 The UNCLOS created ITLOS, which
consists of 21 judges elected by the member
states with a system in place to ensure
geographic balance.
 Freedoms of the High Seas

 The freedoms of the high seas include

navigation, overflight (civilian and military
aircraft), lay submarine cables and pipelines,
conduct of scientific research, construction
of artificial islands, and other installations
allowed by international law and fishing
(UNCLOS III).
International Human
Rights Law
What is your ideas of international
human rights law?
Universal Declaration of Human
Rights (UDHR)
 Human rights law transcends state boundaries by
seeking to define and uphold those rights held
universally by every person regardless of nationality.
-Was adopted by the United Nations General
Assembly on December 10, 1984 at Palais de Challiot,
Paris.
International Convention on Civil
and Political Rights (ICCPR)
 The ICCPR is a multilateral treaty adopted by the
United Nations General Assembly on December
16, 1966. It entered into force on March 23, 1976.
As of March 28, 2014, it has 74 signatories and
167 parties. On December 19, 1966, the
Philippines signed it, and the same was ratified on
October 23, 1986 (United Nations Treaty
Collection).
International Convention on Economic,
Social and Cultural Rights (ICESCR)

 The ICESCR is a multilateral treaty adopted

by the United Nations General Assembly on
December 16, 1966. It entered into force on
January 3, 1976. As of 2015, it has 71
signatories and 164 parties (United Nations
Treaty Collection).
Convention on Elimination of Discrimination
Against Women (CEDAW)

 Article 1 of CEDAW states that discrimination

against women refers to any distinction, exclusion,
or restriction made on the basis of sex which has
the effect or purpose of impairing or nullifying the
recognition, enjoyment, or exercise of women,
irrespective of their marital status, on a basis of
equality of men and women, of human rights and
fundamental freedoms in the political, economic,
social, cultural, civil, or any other field.
Migrant Workers Convention

A migrant workers is defined as one

who is to be engaged, is engaged, or
has been engaged, in a remunerated
activity in a state of which he or she is
not a national (Article 2, Migrant
Workers Convention).
United Nations on the Convention on
the Rights of the Child (UNCRC)
 Article 1 of the UNCRC provides that every
human being below the age of 18 years is a
child unless under the law applicable to the
child, majority is attained earlier.