United Nations
Convention on the
Law of the Sea
(UNCLOS)
The UNCLOS
Negotiations from 1973-1982
Adopted in 10 December 1982
Enforced since 16 November 1994
Amended twice
In 1994, Agreement Relating to the
Implementation of Part XI of the Convention,
in force in 1996
In 1996, Agreement for the Implementation
of the Provisions of the Convention relating to
the Conservation relating to the Conservation
and Management of Straddling Fish Stocks
and Highly Migratory Fish Stocks, in force in
2001
Mandatory amendment after 10 years from
the date of entry into force (Art. 312)
17 Parts, 320 Articles and 9 Annexes
As of Nov. 2004, there are 146 ratifications
Institutions created;
International Seabed Authority
Contentious Issues
Passage of nuclear-powered ships
through territorial sea
Passage of single-hauled tankers in
maritime zones
Commercially, technology superseded
consent regime on marine scientific
research
State practice, e.g. baseline
delineation, imprisonment for fisheries
MAIN PROVISIONS OF THE UNITED NATIONS
CONVENTION ON THE LAW OF THE SEA (UNCLOS)
A Constitution for the Oceans
Scope and Limits of National Sovereignty
and/or Jurisdiction (Maritime Zones)
Rights of Passage for Ships and Aircraft
High Seas (water and air beyond EEZs)
The Area (seabed beyond EEZs and
continental shelves)
Pollution Prevention
Marine Scientific Research
Philippines & UNCLOS
Signed on 10 December 1982
Deposited a declaration
Ratified in 8 May 1984
Inconsistent with the
Constitution
Definition of the different maritime zones
Regime
Law of the Sea
Philippine Laws
Internal waters
closing lines on juridical bays, waters between and
historic bays, mouths of rivers connecting the islands
& deltas
Archipelagic waters
in archipelagic states, waters
enclosed by baselines
Territorial sea
12 M. miles seaward from
baselines
Waters from the baselines
up to the treaty limits
Exclusive Economic Zone
200 M from baselines
200 M from baselines
Continental Shelf
outer edge of the continental
Limits of exploration
margin, or up to 200 M. where
the outer edge does not
extend up to 200 M. or up to
the line of delimitation
Territorial Sea
Internal waters
Archipelagic
waters
MARITME REGIMES UNDER UNCLOS
LEGAL ISSUES
Regime
Internal waters
Law of the Sea
Philippine Laws
Full sovereignty inside juridical
bays, historic bays, mouths of rivers
& deltas
Full sovereignty of waters
inside the baselines
Right of Archipelagic Sea Lanes
passage in normal mode
-Right of Innocent Passage still
exists
Archipelagic waters is
equivalent to internal
waters, e.g. no passage of
foreign ships without
consent
Territorial sea
Right of Innocent Passage
Right of Innocent Passage on
waters outside the baselines
Exclusive
Economic Zone
-Economic activity of foreign
nationals allowed, subject
some conditions
-MSR allowed with consent
Constitutional exclusivity
clause
Continental
Shelf
-jurisdiction on seabed
resources
-MSR allowed with consent
Archipelagic
waters
to
Constitutional exclusivity
clause
Baselines and Maritime
zones
Internal Waters (IW)
Normal baselines
Straight baselines
Closing lines
Territorial Sea (TS)
12 M
Contiguous Zone (CZ)
24 M
Archipelagic Waters (AW)
Archipelagic baselines
Exclusive Economic Zone
(EEZ)
200 M
Continental Shelf (CS)
200 M (customary)
can be extended up to 350
M or more subject to
delimitation with
opposite state/s
MARITME REGIMES UNDER UNCLOS
Basic Characteristics of the
Maritime Zones
Regime
Law of the Sea
Internal waters
Full sovereignty
Territorial sea
-sovereignty
-complete jurisdiction over foreign ships
-Right of Innocent Passage (including Straits)
-can enact and enforce laws in conformity with
UNCLOS and other international laws
Contiguous Zone
-Functional zone for prevention and
enforcement purposes
-Customs, immigration, fiscal, sanitary laws,
etc.
Archipelagic waters
Right of Archipelagic Sea Lanes Passage
-Right of Innocent Passage still exists
-
Basic Characteristics of the Maritime
Zones
Regime
Law of the Sea
Exclusive Economic
Zone
-exclusive sovereign rights and jurisdiction on
the natural resources of water column
-Economic (fishing) activity of foreign nationals
allowed, subject to some conditions
-MSR allowed with consent
-can board inspect, arrest ship or crew but no
imprisonment
-should be claimed, if not, it will revert to high
seas rights
-freedom of navigation and overflight
-freedom to lay submarine cables
Continental Shelf
(including extension)
-exclusive sovereign rights and jurisdiction on the
natural resources on the seabed or the
subsoil
-jurisdiction on seabed resources
-no need to claim
-MSR allowed with consent
-freedom of navigation and overflight
Regime of the High Seas
Waters outside national
jurisdiction
Areas where nationality and law
applicable depends on the flag
state
Freedom to navigate, overflight,
construct artificial
islands/installations
Regime of the High Seas
International offences
Piracy
Drug trafficking
Slavery
Unauthorized broadcasting
Environmental offenses
Right of visit /boarding in relation to international
offences or where ships has no nationality
Right of hot pursuit
The coastal state has reason to believe that there was a
violation of its laws
Must commenced when ship is within IW, AW, TS, CZ,
CS, EEZ following an order to stop which is disregarded
The right ceases when the ship enters the TS of another
State
May only be exercised by warships or government ships
or aircraft
Constructive presence
International Seabed Area (
The Area)
Deep seabed mining interests
Common heritage of mankind
Governed by the International Seabed
Authority
The
The
The
The
Assembly
Council
Secretariat
Enterprise
Covered by separate Agreement
Marine Environmental
Protection
Range of threats
Coastal area degradation
Habitat degradation or destruction
Pollution
Alien species
Over-fishing
Endangered species
Ecosystems change
Marine Environmental
Protection
Sources of Marine pollution
Land-based (44%)
Atmospheric sources (33%)
Vessels (12%)
Dumping (10%)
Seabed activities (1%)
Sources of environmental law
Agenda 21, Chapter 17
LOS instruments
London Convention (Convention on Prevention
on Marine Pollution by Dumping Wastes and
Other Matter)
Intervention Convention
Marine Environmental
Protection
Sources of environmental law
Instruments administered by the
UNEP
Basel Convention
Global Program of Action
Regional Seas Programme
Instruments administered by IMO
MARPOL 73/78
Civil Liability Convention
Carriage of Hazardous and Noxious
Marine Environmental
Protection
Sources of environmental law
Other international instruments
Climate Change Convention
Biological Diversity Convention
e.t.c.
Environmental jurisdiction and
enforcement
Coastal state (intervention in case
casualties occurs in the high seas)
Flag state
Marine Scientific
Research
Requires consent and subject to conditions
from coastal state (i.e.TS)
Two categories of MSR (i.e. EEZ&CS)
Applied research-has direct significance for the
exploration and exploitation of natural resources
Pure research-carried out exclusively for peaceful
purposes and in order to increase scientific
knowledge of the marine environment for the
benefit of mankind (Art.263(4)
In the High Seas, it free for all
For peaceful purposes
After research, can go to prospecting or exploring
subject to rules and conditions set by the ISBA
Managed by ISBA
Philippine Maritime Security
and UNCLOS
Consider this;
a telephone call from the Joint Operations
Center (JOC) of the Armed Forces of the
Philippines.
The caller was a colonel, the highest
officer then on duty. He reported that the
Philippine Navy was about to board a
foreign fishing vessel anchored in the
waters off Scarborough Shoal, South
China Sea.
The vessels commanding officer wanted
to know exactly what he should say to the
crew of the fishing vessel about to be
arrested.
Philippine Practice
Strict surveillance and control over
both internal and territorial waters
described by RA 3046 as amended.
PN/PCG coastwatch stations at key entry
points require prior identification of all
vessels entering internal waters for any
purpose
Foreign vessels within territorial waters
may be subject to boarding and
inspection
Philippine Maritime Security
and UNCLOS
How do we define Maritime
Security?
A state wherein the countrys
maritime assets, maritime
practices, territorial integrity and
coastal peace and order are
protected, conserved and enhance.
Philippine Maritime Security
and UNCLOS
The dilemma,
The lack of clear national boundaries
Lack of Jurisprudence
Enforcement officers tend to act on the
basis of clearly defined missions
They are not expected to resolve questions
of international law and municipal or
national law.
Ambiguous Rules of Engagement
The case of disputed maritime zones
Philippine Maritime Security
and UNCLOS
The consequences,
Lost opportunities in economy and
national security
Diplomatic tensions are abound with
the overlapping claims
Strategic planning is difficult due to
ambiguous laws and policies
Slowing down development programs
in agriculture, fisheries, tourism,
Philippine Maritime Security
and UNCLOS
So what should be done?
Know your national boundaries
Constitutional amendment
Define the extent of sovereignty or
national jurisdictions
Legislate laws in conformity with UNLCOS
Conversely, be aware of the rights of
other states and/or other ocean users
The Law of the Sea
Know your duties and responsibilities
applicable to the maritime zones
Balance this duties and responsibilities
Integrated Maritime Zones Development
Philippine Maritime Security
and UNCLOS
In expanding the definition,
Should be a key component of national
security
Should provide a stable and peaceful
socio-political and administrative
environment
Should protect and defend the integrity of
our resources
Ensure that a marine management
mechanisms are in place
Thank you!
(End of Presentation)
