Professional Documents
Culture Documents
Convention on the
Law of the Sea
(UNCLOS)
The UNCLOS
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Commercially, technology superseded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
Philippine Laws
Internal waters
Archipelagic waters
Territorial sea
Continental Shelf
Territorial Sea
Internal waters
Archipelagic
waters
LEGAL ISSUES
Regime
Internal waters
Philippine Laws
Archipelagic waters is
equivalent to internal
waters, e.g. no passage of
foreign ships without
consent
Territorial sea
Exclusive
Economic Zone
Constitutional exclusivity
clause
Continental
Shelf
-jurisdiction on seabed
resources
-MSR allowed with consent
Archipelagic
waters
to
Constitutional exclusivity
clause
Normal baselines
Straight baselines
Closing lines
200 M (customary)
can be extended up to 350
M or more subject to
delimitation with
opposite state/s
Regime
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
Archipelagic waters
Regime
Exclusive Economic
Zone
Continental Shelf
(including extension)
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
Constructive presence
The
The
The
The
Assembly
Council
Secretariat
Enterprise
Marine Environmental
Protection
Range of threats
Marine Environmental
Protection
Sources of Marine pollution
Land-based (44%)
Atmospheric sources (33%)
Vessels (12%)
Dumping (10%)
Seabed activities (1%)
Marine Environmental
Protection
Sources of environmental law
Instruments administered by the
UNEP
Basel Convention
Global Program of Action
Regional Seas Programme
Marine Environmental
Protection
Sources of environmental law
Other international instruments
Climate Change Convention
Biological Diversity Convention
e.t.c.
Marine Scientific
Research
Requires consent and subject to conditions
from coastal state (i.e.TS)
Two categories of MSR (i.e. EEZ&CS)
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
Thank you!
(End of Presentation)