United Nations

Convention on the
Law of the Sea
GROUP 7

UNCLOS - United Nations Convention on the Law of the Sea

CONSTITUTIONAL BASIS
(1987 Constitution)

Article II.
Section 2. The Philippines renounces war as an instrument of
national policy, adopts the generally accepted principles of
international law as part of the law of the land and adheres
to the policy of peace, equality, justice, freedom,
cooperation, and amity with all nations.
Section 7. The State shall pursue an independent foreign
policy. In its relations with other states, the paramount
consideration shall be national sovereignty, territorial
integrity, national interest, and the right to selfdetermination.
Section 15. The State shall protect and promote the right to
health of the people and instill health consciousness among
them.

UNCLOS - United Nations Convention on the Law of the Sea

CONSTITUTIONAL BASIS
(1987 Constitution)
Article II.
Section 16. The State shall protect and advance the right of the
people to a balanced and healthful ecology in accord with the
rhythm and harmony of nature.
Article XII.
Section 2. (par 2)
The State shall protect the nations marine wealth in its
archipelagic waters, territorial sea, and exclusive economic zone,
and reserve its use and enjoyment exclusively to Filipino citizens.

UNCLOS - United Nations Convention on the Law of the Sea

PRINCIPLE OF PACTA SUNT SERVANDA

Pacta sunt servanda is a latin term which means agreements must be
kept. It is the principle in international law which says that international
treaties should be upheld by all the signatories.
The rule of pacta sunt servanda is based upon the principle of good faith.
The basis of good faith indicates that a party to the treaty cannot invoke
provisions of its domestic law as a justification for a failure to perform.
The only limit to pacta sunt servanda is the peremptory norms of general
international law known as jus cogens which means compelling law.

UNCLOS - United Nations Convention on the Law of the Sea

Philippines (Statement/Declaration)
1. The signing of the Convention by the Government of the Republic of the
Philippines shall not in any manner impair or prejudice the sovereign rights
of the Republic of the Philippines under and arising from the Constitution of
the
Philippines.
xxx
5. The Convention shall not be construed as amending in any manner any
pertinent laws and Presidential Decrees or Proclamation of the Republic of the
Philippines; the Government of the Republic of the Philippines maintains
and
reserves the right and authority to make any amendments to such laws,
decrees
or proclamations pursuant to the provisions of the Philippines
Constitution.

BRIEF BACKGROUND

UNCLOS - United Nations Convention on the Law of the Sea

The Convention was opened for signature on 10 December 1982 in Montego

Bay, Jamaica.

Participated by more than 150 countries representing all regions of the

world.

Entered into force on 16 November 1994.

Enshrines the notion that all problems of ocean space are

interrelated and need to be addressed as a whole.

Globally recognized regime dealing with all matters relating to the law of
the sea.

Comprises 320 articles and 9 annexes, governing all aspects of ocean space,
such as delimitation, environmental control, marine scientific research,
economic and commercial activities, transfer of technology and the
settlement of disputes relating to ocean matters.

Philippines signed on 10 December 1982 and was ratified on 8 May 1984.

closely

UNCLOS - United Nations Convention on the Law of the Sea

IMPORTANT FEATURES OF THE CONVENTION

Navigational rights, territorial sea limits,
economic jurisdiction, legal status of resources
on the seabed beyond the limits of national
jurisdiction, passage of ships through narrow
straits, conservation and management of living
marine resources, protection of the marine
environment, a marine research regime and, a
more unique feature, a binding procedure for
settlement of disputes between States.
In short, the Convention is an unprecedented
attempt by the international community to
regulate all aspects of the resources of the sea
and uses of the ocean, and thus bring a stable
order to mankind's very source of life.

UNCLOS - United Nations Convention on the Law of the Sea

TERMS AND SCOPE

Pollution of the marine environment" means the introduction by man,
directly or indirectly, of substances or energy into the marine
environment, including estuaries, which results or is likely to result in
such deleterious effects as harm to living resources and marine life,
hazards to human health, hindrance to marine activities, including
fishing and other legitimate uses of the sea, impairment of quality for
use of sea water and reduction of amenities;
Dumping" means: (i) any deliberate disposal of wastes or other
matter from vessels, aircraft, platforms or other man-made structures
at sea; (ii) any deliberate disposal of vessels, aircraft, platforms or
other man-made structures at sea;

UNCLOS - United Nations Convention on the Law of the Sea

UNCLOS - United Nations Convention on the Law of the Sea

TERRITORIAL SEA AND CONTIGUOUS ZONE

This sovereignty extends to the air space

territorial sea as well as to its bed and subsoil.

over

the

The sovereignty over the territorial sea is exercised subject

to this Convention and to other rules of international law.

Every State has the right to establish the breadth of its

territorial sea up to a limit not exceeding 12 nautical miles,
measured from baselines determined in accordance with
this Convention.

UNCLOS - United Nations Convention on the Law of the Sea

Article 19 - Meaning of innocent passage

Passage is innocent so long as it is not prejudicial to the peace,

good order or security of the coastal State.

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:
xxx
(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 willful and serious pollution contrary to this

Convention;

UNCLOS - United Nations Convention on the Law of the Sea

UNCLOS - United Nations Convention on the Law of the Sea

EXCLUSIVE ECONOMIC ZONE or EEZ

It is an area beyond and adjacent to the territorial sea
under which the rights and jurisdiction of the coastal State
and the rights and freedoms of other States are governed by
the relevant provisions of this Convention.
The exclusive economic zone shall not extend beyond 200
nautical miles from the baselines from which the breadth of
the territorial sea is measured.

UNCLOS - United Nations Convention on the Law of the Sea

EXCLUSIVE ECONOMIC ZONE or EEZ

Conservation of Living Resources
The coastal State shall determine the allowable catch of the
living resources in its exclusive economic zone on the basis of:
* best scientific evidence available
* duty to maintain or restore populations of harvested
species
* avoidance of threat to species
* cooperation with international organization
The coastal State shall promote the objective of optimum
utilization of the living resources in the exclusive economic
zone.

UNCLOS - United Nations Convention on the Law of the Sea

HIGH SEAS
GENERAL PRINCIPLES

The high seas are open to all States, whether coastal or landlocked.

Freedom of the high seas is exercised under the conditions laid

down by this Convention and by other rules of international law. It
comprises, inter alia, both for coastal and land-locked States:
(a) freedom of navigation;
(b) freedom of overflight;
(c) freedom to lay submarine cables and pipelines,
(d) freedom to construct artificial islands and other installations
permitted under
international law
(e) freedom of fishing
(f) freedom of scientific research

UNCLOS - United Nations Convention on the Law of the Sea

HIGH SEAS

The high
reserved
purposes.

seas
for

shall be
peaceful

No State may validly purport

to subject any part of the
high seas to its sovereignty.

UNCLOS - United Nations Convention on the Law of the Sea

FISHERIES ON THE HIGH SEAS

All States have the right for their nationals to engage in fishing on
the high seas

Duty of States to adopt with respect to their nationals measures for

the conservation of the living resources of the high seas

States shall cooperate with each other in the conservation and

management of living resources in the areas of the high seas.
States whose nationals exploit identical living resources, or
different living resources in the same area, shall enter into
negotiations with a view to taking the measures necessary for the
conservation of the living resources concerned.

UNCLOS - United Nations Convention on the Law of the Sea

FISHERIES ON THE HIGH SEAS

Available scientific information, catch and fishing effort

statistics, and other data relevant to the conservation of
fish stocks shall be contributed and exchanged on a
regular
basis
through
competent
international
organizations, whether sub regional, regional or global,
where appropriate and with participation by all States
concerned.

UNCLOS - United Nations Convention on the Law of the Sea

Resources means all solid,

liquid or gaseous mineral
resources in situ in the
Area at or beneath the
seabed, including
polymetallic nodules.
Resources, when
recovered from the Area,
are referred to as
minerals.

PROTECTION OF THE MARINE ENVIRONMENT

The Convention lays down, first of all, the fundamental obligation
of all States to protect and preserve the marine environment.

States shall establish international

rules and standards to prevent, reduce
and control pollution of the marine
environment.

States have the sovereign right to

exploit
their
natural
resources
pursuant
to
their
environmental
policies in accordance with their duty
to protect and preserve the marine
environment.

States
shall
take
all
measure
necessary to ensure that activities
under their jurisdiction or control are
so conducted as not to cause damage
by pollution to other States and their

UNCLOS - United Nations Convention on the Law of the Sea

Article 210
dumping

Pollution

by

States shall adopt laws and

regulations
to
prevent,
reduce and control pollution
of the marine environment by
dumping.

"dumping"
means:
any
deliberate disposal of wastes or
other matter from vessels,
aircraft, platforms or other
man-made structures at sea;

UNCLOS - United Nations Convention on the Law of the Sea

Article 230 - Monetary penalties and the observance of recognized

rights of the accused

Monetary penalties only may be imposed with respect to violations

of national laws and regulations or applicable international rules
and standards for the prevention, reduction and control of pollution
of the marine environment, committed by foreign vessels beyond
the territorial sea.

Monetary penalties only may be imposed with respect to violations

of national laws and regulations or applicable international rules
and standards for the prevention, reduction and control of pollution
of the marine environment, committed by foreign vessels in the
territorial sea, except in the case of a willful and serious act of
pollution in the territorial sea.

UNCLOS - United Nations Convention on the Law of the Sea

Article 231 - Notification to the flag State and other States concerned
States shall promptly notify the flag State and any other State
concerned of any measures taken against foreign vessels, and shall
submit to the flag State all official reports concerning such measures.
However, with respect to violations committed in the territorial sea,
the foregoing obligations of the coastal State apply only to such
measures as are taken in proceedings. The diplomatic agents or
consular officers and where possible the maritime authority of the flag
State, shall be immediately informed of any such measures taken
against foreign vessels.

UNCLOS - United Nations Convention on the Law of the Sea

SETTLEMENT OF DISPUTES
Article 279 Obligation to settle disputes by peaceful means

State parties shall settle any dispute between them concerning the
interpretation or application of this Convention by peaceful means.

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 choice.

UNCLOS - United Nations Convention on the Law of the Sea

SETTLEMENT OF DISPUTES
Article 281 Procedure where no settlement has been reached by the
parties
1.

If the States Parties which are parties to a dispute concerning the

interpretation or application of this Convention have agreed to seek
settlement of the dispute by a peaceful means of their own choice,
the procedures provided for in this Part apply only where no
settlement has been reached by recourse to such means and the
agreement between the parties does not exclude any further
procedure.

2.

If the parties have also agreed on a time-limit, paragraph 1 applies

only upon the expiration of that time-limit.

UN court rules: China violated Philippine rights

By Pia Lee-Brago (The Philippine Star) I Updated July 13, 2016 - 12:00am

HIGHLIGHTS OF RULING
No legal basis for China to claim historic rights to a nine-dash line
Panganiban (Mischief) Reef, Ayungin (Second Thomas) Shoal and Recto (Reed) Bank
form part of the Philippines exclusive economic zone and continental shelf
Panatag (Scarborough Shoal) is a common traditional fishing ground; no country can
prevent others from fishing in the area; China violated traditional fishing rights of the
Philippines by preventing Filipinos from fishing in the shoal
China violated the Philippines sovereign rights by constructing artificial islands,
interfering with Filipinos fishing and oil exploration, and failing to prevent Chinese
from fishing in the Philippine EEZ
Chinas island reclamation aggravated the dispute during arbitration and inflicted
irreparable harm on the marine environment.

Permanent Court of Arbitration based in The Hague awarded the

Philippines sovereign rights over Panganiban or Mischief Reef, Ayungin or
Second Thomas Shoal and Recto or Reed Bank off Palawan.
The court did not award sovereign rights to the Philippines over Panatag
or Scarborough Shoal, which lies just over 120 nautical miles from
Zambales. But the court said it was a traditional fishing ground for
several countries and neither China nor the Philippines had the right to
prevent anyone from fishing in the shoal.
China therefore violated Philippine rights when it barred Filipino
fishermen from entering the shoal, the court declared.
Noting that both the Philippines and China had ratified the United
Nations Convention on the Law of the Sea, on which the court ruling was
based, the arbitral tribunal pointed out that UNCLOS provides that the
award shall be complied with by the parties to the dispute.
Beijings so-called nine-dash line historic claim over nearly all of the
South China Sea has no legal basis, the tribunal also ruled that China
violated Philippine sovereign rights by constructing artificial islands and
interfering with Filipino fishing activities.

Chinas island reclamation also aggravated the maritime dispute

and caused irreparable harm to the marine environment, the
tribunal ruled.
The tribunal cited the harm to the environment caused by
Chinas large-scale reclamation and island building activities in
the South China Sea. Such construction activities, the tribunal
said, were incompatible with the obligations of a state during
dispute resolutions proceedings, citing Chinas having inflicted
irreparable harm to the marine environment, built artificial
island in Philippine waters and destroyed evidence of natural
condition of features in the South China Sea that were being
disputed.
China had caused severe harm to the coral reef environment and
violated its obligation to preserve and protect fragile ecosystems
and the habitat of depleted, threatened or endangered species,
the ruling read.
It added Chinese authorities were aware of the poaching activities
of Chinese fishermen but did not stop them.

The ruling also stated that Panganiban Reef, Ayungin Shoal and
Recto Bank are submerged at high tide and form part of the
Philippines exclusive economic zone (EEZ). The tribunal said it
found as a matter of fact that China had interfered with a
Philippine oil exploration at Recto Bank.
The court also ruled that none of the Spratly Islands is capable of
generating extended maritime zones. It also held that the Spratly
Islands cannot generate maritime zones collectively as a unit.
Having found that none of the features claimed by China was
capable of generating an exclusive economic zone, the Tribunal
found that it could without delimiting a boundary declare that
certain sea areas are within the exclusive economic zone of the
Philippines, because those areas are not overlapped by any
possible entitlement of China.

TH
EEN
D