Law Of The Sea Lesson 9 PDF

**CHAPTER 9** **LAW OF THE SEA** The **Law of the Sea** is a set of international rules governing the use of the oceans and seas. It helps to define how countries interact with the water, its resources, and the ships that travel through it. The main framework comes from the **United Nations Conven...

**CHAPTER 9** **LAW OF THE SEA** The **Law of the Sea** is a set of international rules governing the use of the oceans and seas. It helps to define how countries interact with the water, its resources, and the ships that travel through it. The main framework comes from the **United Nations Convention on the Law of the Sea (UNCLOS)**, which most countries, including the Philippines, follow. **Principles of the Law of the Sea** 1. **Freedom of the Seas** - Oceans are **open for everyone.** Ships from any country can sail through, fish, lay cables, and explore in certain parts of the sea without needing permission from other nations. - In the high seas beyond national jurisdiction, any country, including the Philippines, can conduct fishing operations or lay underwater internet cables. 2. **Sovereignty** - Countries **have control over certain areas of the ocean**, just like they do over their land. This includes territorial seas, where the country can regulate who enters or uses that part of the sea. - The Philippines controls the waters up to 12 nautical miles (about 22 km) from its coastline, known as its **territorial sea**. Within this area, the country can enforce its laws and regulations. 3. **Common Heritage of Mankind** - **Some parts of the sea,** especially deep seabed areas, are seen as **belonging to everyone.** They should be used for the benefit of all humans, especially those who may not have access to coastal areas. - The deep seabed mining for rare minerals is managed by an international authority, not by individual countries. This ensures that all countries, even landlocked ones, benefit from the resources. **Baselines** Baselines are imaginary lines that countries use to measure their territorial sea, exclusive economic zone (EEZ), and continental shelf. **4 Types of Baselines** 1. **Normal Baseline** - A simple line drawn along the coast **where the water meets the land**. - The baseline of Luzon Island in the Philippines is the natural coastline. 2. **Straight Baseline** - Used when the coastline is very irregular or has many islands. Instead of following every bend, countries draw straight lines connecting the outermost points. - Norway uses straight baselines because of its deeply indented coastlines and many fjords. 3. **Closing Lines across River Mouths and Bays** - Countries may close off the mouths of rivers or bays by drawing lines across their entrance. These waters inside are considered internal waters. - The Manila Bay entrance can be enclosed by a straight line, marking the waters as internal to the Philippines. 4. **Archipelagic Baseline** - Special baselines for countries made up of islands (archipelagos), like the Philippines. A line is drawn connecting the outermost islands, and all waters inside are considered internal. - The Philippines uses archipelagic baselines to enclose all its islands, treating the waters within as part of its territory. **Two Kinds of Archipelago** **Archipelagos** are **groups or chains of islands** that are often formed through tectonic or volcanic activity. They are typically categorized into two main types based on their geographical position: **(1) coastal archipelagos and (2) outlying (or mid-ocean) archipelagos.** **1. Coastal Archipelago** A coastal archipelago is **located near the coastline of a continent** or a larger landmass. These islands are **usually close to the shore** and are often formed due to rising sea levels, erosion, or the fracturing of landmasses along coastal areas. - The Calamian Islands in northern Palawan are part of a coastal archipelago in the Philippines. Located near the main island of Palawan, this group of islands is renowned for its scenic beauty and biodiversity. **2. Outlying (or Mid-Ocean) Archipelago** An outlying archipelago, also known as a mid-ocean archipelago, is **found far from any continental landmass, typically in the open ocean.** These islands are usually volcanic in origin, formed from underwater volcanic activity, which over time creates islands that rise above sea level. - The **Batanes Islands**, although located in the northernmost part of the Philippines, are considered somewhat **isolated and outlying in comparison to the rest of the Philippine archipelago.** Their unique position in the Bashi Channel, closer to Taiwan, gives them characteristics of a remote island group. **Territorial Sea** - The **territorial sea** extends 12 nautical miles from the baseline. In this area, the coastal country has full sovereignty, meaning it controls everything within this zone---whether it's fishing, travel, or resource extraction. Other countries can pass through, but they must follow certain rules. **Right of Innocent Passage** - **Innocent passage** means ships from any country can pass through another country's territorial sea, as long as they don't harm the coastal country or do anything illegal. - Foreign ships can pass through the Sulu Sea as long as they are not doing anything that threatens the security or interests of the Philippines. **Exclusive Economic Zone (EEZ)** - The **EEZ** extends 200 nautical miles from the baseline. A country controls the resources in the water (like fish) and under the sea (like oil or gas), but other countries are free to pass through or lay cables. - The Philippines has an EEZ in the West Philippine Sea, where it can explore for oil and gas, but ships from other nations can still pass through. **Continental Shelf** - The **continental shelf** is the extended area of the seabed where a coastal country can claim rights to explore and use the natural resources, even beyond the EEZ, as long as it's part of the natural prolongation of its land. - The Benham Rise, an underwater plateau off the eastern coast of the Philippines, is part of the Philippines' continental shelf, giving the country rights to explore it for resources. **Freedom of the High Seas** - Beyond the EEZ, the **high seas** are open to all countries for activities like fishing, navigation, and laying cables. No country has control over this area. - The Pacific Ocean, beyond the EEZ of any country, is considered part of the high seas where anyone can navigate freely. **International Tribunal for the Law of the Sea (ITLOS)** - **ITLOS** is an international court that resolves disputes between countries over maritime issues. If two countries disagree about their EEZs or fishing rights, they can bring the case to ITLOS for a ruling. - In 2016, the Philippines brought a case against China to ITLOS over claims in the South China Sea (known locally as the West Philippine Sea). The tribunal ruled in favor of the Philippines, stating China had no legal basis to claim certain areas. **References** Beckman, R. (2017). The UN Convention on the Law of the Sea and the maritime disputes in the South China Sea. American Journal of International Law, 111(2), 245--280. International Tribunal for the Law of the Sea (ITLOS). (n.d.). Introduction to ITLOS. https://www.itlos.org Schofield, C. (2012). The delimitation of maritime boundaries. The International Journal of Marine and Coastal Law, 27(4), 765-802. United Nations Division for Ocean Affairs and the Law of the Sea. (n.d.). The Law of the Sea. https://www.un.org/depts/los/index.htm United Nations. (1982). United Nations Convention on the Law of the Sea (UNCLOS). https://www.un.org/depts/los/convention\_agreements/texts/unclos/unclos\_e.pdf