UNCLOS

UNCLOSUnited Nations Convention on the Law of the SeaPolitical Law ReviewUNCLOSInternational agreement which defined the limits of the territorial seas of nations and the areas in which they could exploit marine resources

Article 2. Legal status of the territorial sea, of the air space over the territorial sea and of its bed and subsoilThe sovereignty of a coastal State extends, beyond its land territory and internal waters and, in the case of an archipelagic State, its archipelagic waters, to an adjacent belt of sea, described as the territorial sea. This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil. The sovereignty over the territorial sea is exercised subject to this Convention and to other rules of international law.

Article 3. Breadth of the Territorial SeaEvery State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12NM measured from baselines determined in accordance with this Convention

Article 14. Combination of methods for determining baselinesThe coastal State may determine baselines in turn by any of the methods provided for in the foregoing articles to suit different conditions.Article 18(2). Meaning of PassagePassage means navigation through the territorial sea for the purpose of: (a) traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or (b) proceeding to or from internal waters or a call at such roadstead or port facility. 2. Passage shall be continuous and expeditious. However, passage includes stopping and anchoring, but only in so far as the same are incidental to ordinary navigation or are rendered necessary by force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.Article 19. Meaning of Innocent PassagePassage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with this Convention and with other rules of international law. Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the coastal State if in the territorial sea it engages in any of the following activities: (a) any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal State, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations; (b) any exercise or practice with weapons of any kind; (c) any act aimed at collecting information to the prejudice of the defence or security of the coastal State; (d) any act of propaganda aimed at affecting the defence or security of the coastal State; (e) the launching, landing or taking on board of any aircraft; (f) the launching, landing or taking on board of any military device; (g) the loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws and regulations of the coastal State; (h) any act of wilful and serious pollution contrary to this Convention; (i) any fishing activities; (j) the carrying out of research or survey activities; (k) any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal State; (l) any other activity not having a direct bearing on passage.Article 33. Contiguous ZoneIn a zone contiguous to its territorial sea, described as the contiguous zone, the coastal State may exercise the control necessary to: prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea; punish infringement of the above laws and regulations committed within its territory or territorial sea.

2. The contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured.

Article 45(2). Laws and regulations of States bordering straits relating to transit passage2. Such laws and regulations shall not discriminate in form or in fact among foreign ships or in their application have the practical effect of denying, hampering or impairing the right of transit passage as defined in this sectionArticle 46(a). Use of Terms"archipelagic State" means a State constituted wholly by one or more archipelagos and may include other islandsArticle 56. Rights, jurisdiction, and duties of the coastal State in the exclusive economic zone.In the exclusive economic zone, the coastal State has: sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds; jurisdiction as provided for in the relevant provisions of this Convention with regard to: (i) the establishment and use of artificial islands, installations and structures; (ii) marine scientific research; (iii) the protection and preservation of the marine environment; (c) other rights and duties provided for in this Convention. 2. In exercising its rights and performing its duties under this Convention in the exclusive economic zone, the coastal State shall have due regard to the rights and duties of other States and shall act in a manner compatible with the provisions of this Convention. 3. The rights set out in this article with respect to the seabed and subsoil shall be exercised in accordance with Part VI.Article 57. Breadth of the exclusive economic zoneThe exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measuredArticle 91. Nationality of ShipsEvery State shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its territory, and for the right to fly its flag. Ships have the nationality of the State whose flag they are entitled to fly. There must exist a genuine link between the State and the ship. Every State shall issue to ships to which it has granted the right to fly its flag documents to that effect.RemediesArticle 279States Parties shall settle any dispute between them concerning the interpretation or application of this Convention by peaceful means in accordance with Article 2, paragraph 3, of the Charter of the United Nations and, to this end, shall seek a solution by the means indicated in Article 33, paragraph 1, of the Charter.Article 280 Settlement of disputes by any peaceful means chosen by the parties Nothing in this Part impairs the right of any States Parties to agree at any time to settle a dispute between them concerning the interpretation or application of this Convention by any peaceful means of their own choiceCompulsory procedures entailing binding decisionsArticle 286 Application of procedures under this section Subject to section 3, any dispute concerning the interpretation or application of this Convention shall, where no settlement has been reached by recourse to section 1, be submitted at the request of any party to the dispute to the court or tribunal having jurisdiction under this sectionInternational Tribunal for the Law of the SeaInternational Court of JusticeArbitral/special arbitral tribunals constituted under UNCLOSArchipelagic waters vs. territorial sea vs. internal watersArchipelagic watersAreas enclosed as internal waters by using the baseline method which had not been previously considered as internal watersTerritorial seaAdjacent belt of sea with a breadth of 12 nautical miles measured from the baselinesInternal watersAll waters landwards from the baseline of the territoryContiguous Zone vs. Exclusive Economic ZoneContiguous zone is a zone contiguous to the territorial sea and extends up to twelve nautical miles from the territorial sea and over which the coastal state may exercise control necessary to prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial seaEEZ extends 200 nautical miles from the baseline. The EEZ is recognized in the UN Convention on the Law of the Sea. Although it is not part of the national territory, exclusive economic benefit is reserved for the country within the zone. Flag State vs Flag of ConvenienceFlag state means a ship has the nationality of the flag of the state it flies, but there must be a genuine link between the state and the ship. Flag of convenience refers to a state with which a vessel is registered for various reasons such as low or non-existent taxation or low operating costs although the ship has no genuine link with the state.Magallona vs ErmitaFacts:

In 1961, Congress passed R.A. 3046 demarcating the maritime baselines of the Philippines as an Archepelagic State pursuant to UNCLOS I of 9158, codifying the sovereignty of State parties over their territorial sea. Then in 1968, it was amended by R.A. 5446, correcting some errors in R.A. 3046 reserving the drawing of baselines around Sabah.

In 2009, it was again amended by R.A. 9522, to be compliant with the UNCLOS III of 1984. The requirements complied with are: to shorten one baseline, to optimize the location of some basepoints and classify KIG and Scarborough Shoal as regime of islands.

Magallona vs ErmitaIssue:

Whether R.A. 9522 is constitutional?

Petitioner argues the ff:1. it reduces the Philippine maritime territory under Article 12. it opens the countrys waters to innocent and sea lanes passages hence undermining our sovereignty and security3. treating KIG and Scarborough as regime of islands would weaken our claim over those territories.

Magallona vs Ermita1. UNCLOS III has nothing to do with acquisition or loss of territory. it is just a codified norm that regulates conduct of States. On the other hand, RA 9522 is a baseline law to mark out basepoints along coasts, serving as geographic starting points to measure. it merely notices the international community of the scope of our maritime space.

2. If passages is the issue, domestically, the legislature can enact legislation designating routes within the archipelagic waters to regulate innocent and sea lanes passages. but in the absence of such, international law norms operate. The fact that for archipelagic states, their waters are subject to both passages does not place them in lesser footing vis a vis continental coastal states. Moreover, RIOP is a customary international law, no modern state can invoke its sovereignty to forbid such passage.

3. On the KIG issue, RA 9522 merely followed the basepoints mapped by RA 3046 and in fact, it increased the Phils. total maritime space. Moreover, the itself commits the Phils. continues claim of sovereignty and jurisdiction over KIG.

If not, it would be a breach to 2 provisions of the UNCLOS III:Art. 47 (3): drawing of basepoints shall not depart to any appreciable extent from the general configuration of the archipelago.Art 47 (2): the length of baselines shall not exceed 100 mm.

KIG and SS are far from our baselines, if we draw to include them, well breach the rules: that it should follow the natural configuration of the archipelago.