LAW OF THE SEA coastal state cannot prosecute the crew for crimes committed on

shore, if the crew were in uniform and on official business at the

2 Historic Function of Sea time of the crime immunity may be waived by the flag state
1 Medium of transportation
2 Reservoir of rich marine resources
17th century
o Portugal sought to extend its national sovereignty over part of the high
seas
o Grotius wrote Mare Liberum laying doen the customary law that the
open seas are accessible to all, but owned by none Territorial Sea (territorial waters or the maritime belt)
2 reason to support the doctrine of the freedom of the high seas Every State has the right to establish the breadth of its territorial sea up to a
1 it is impossible for anyone state to claim territorial limit not exceeding 12 nautical miles (Art. 3)
sovereignty by occupation measured from a baseline consisting of the law-water line (line on the shore
2 the open sea is res communes, res gentium, or res extra reached by the sea at low tide)
comercium, because it is exhaustible and universally used Coastal state exercises sovereignty over its territorial sea (Art. 2)
Present o includes exclusive right to
o law of the high seas includes freedom of navigation, fisheries, scientific a fish
research, overflight, and freedom of immersion of submarine cables b exploit the resources of the seabed and subsoil
and oil pipelines c enjoy airspace above territorial sea
UN Conference on the Law of the Sea (UNCLOS) - foreign aircraft have no right of innocent passage
o held 3 times:1958, 1960, and 1973 d transport goods and passenger form one part of the coastal state
o adopted 1982 UNCLOS to another (right of cabotage)
o entered into force on Nov. 16 1994 For as long as the coastal state remains neutral during war time, its
3 Ocean zones territorial sea may not be used by belligerent states to engage in combat, or
capture merchant ships
1 internal waters
2 territorial sea Coastal State may exercise certain powers of arrest over merchant ships
3 high seas exercising a right of innocent passage, and over persons Art. 27 28 30
Limitation of sovereignty over its territorial sea:
Internal waters waters on the landward side of the baseline from which the o Innocent Passage passage by foreign ships which is not prejudicial
width of the territorial sea is measured (1982 Convention, Art. 8 (1)) to the peace, good order, or security of the coastal state
consists of: ports, harbors, rivers, lakes, canals, and all water on the Submarines must navigate on the surface and show their flag
landward side coastal state must not hinder innocent passage and has an
fall under sovereignty of the coastal state; obligation to warn foreign ships of known dangers to navigation in
therefore coastal state has the right to prohibit entry into its ports by foreign the territorial sea
ships Straits used for international navigation between one part of the high
o exceptions seas and another part of the high seas or the territorial sea of a foreign state
1 when a right of innocent passage has previously existed Archipelagos a group of islands. including parts of islands, interconnecting
2 when a ship is seeking refuge from a storm, or is severely waters and other natural features which are so closely interrelated that such
damaged islands, waters and other natural features form an intrinsic geographical,
Classification of foreign ships economic and political entity, or which historically have been regarded as such
1 Commercial (merchant ships) Archipelagic state a state constituted wholly by one or more
coastal state may apply and enforce its laws in full archipelagos and may include other islands
exception: coastal state will not interfere, when the captain o 14 archipelagic states
exercises disciplinary power over the crew 1 Bahamas 8 Papua New Guinea
2 Non-Commercial (warships) 2 Cape Verde 9 Philippines
coastal state can order the warship to leave its internal waters 3 Comaros 10 Sao Tome and Principe
immediately, but while in internal waters warships are immune 4 Fiji 11 Seychelles
from enforcement 5 Indonesia 12 Solomon Islands
coastal state authorities cannot enter the ship or carry out any act 6 Maldives 13 Trinidad and Tobago
on board, without the captains permission 7 Mauritius 14 Vanuatu
 o has a right to employ straight baselines, provided they shall not depart
to any appreciable extent from the general configuration of the
archipelago
Archipelagic waters waters enclosed by the straight baselines
o Limitation of sovereignty over archipelagic waters
a Right of innocent passage for ships of all states
b Right of archipelagic sea lanes passagethrough the routes
normally used for international navigation
o straight baseline drawn across the mouth of a bay and the width of
the territorial sea is measured from such lines
24 miles maximum permissible length of the baseline (Art. 10)
*does not apply to historic bays (bays which the coastal state
claims to be entitled to treat as internal waters, not virtue of the
general law, but by virtue of a special historic right) subject to
the right of innocent passage
Exclusive Economic Zone
Contiguous zone
o may not extend beyond 24 nautical miles from the baselines from
which the breadth of the territorial sea is measured (Art. 33(2))
o state jurisdiction is limited to customs, sanitation, and immigration
matters
Zone are beyond and adjacent to the territorial sea, subject to the specific
legal regime established under the Convention (Art. 55)
o shall not extend beyond 200 nautical miles form the baselines, from
which the breadth of the territorial sea is measured (Art. 57)
o consists of: water subjacent to the seabed, and the seabed and its
subsoil
o Coastal State
has sovereign rights of exploration, exploitation, conservation and
management of the natural resources, whether living or non-living
rights include the production of energy from the water, currents,
and winds
enjoys jurisdiction with regard to: Architecture and use of artificial
islands, installations, and structures; marine scientific research;
and the protection and preservation of the marine environment
o Other states
are entitled to the freedoms of the high seas, notably led by the
freedom of navigation, overflight, and the laying of submarine
cables and pipelines
obliged to shoe due regard to the rights, duties and laws of the
coastal state
In cases of conflict, it shall be resolved on the basis of equity, and
in the light of all relevant circumstances
Continental Shelf
200 miles legal limit for both the exclusive economic zone and continental
shelf
continental margin comprises the submerged prolongation of the land mass
of the coastal state, consisting of the seabed and subsoil of the shelf, the
slope and the rise but not including the deep ocean floor with its oceanic
ridges or the subsoil thereof
Coastal state
o has sovereign rights over the shelf for exploration and exploitation of
natural resources (Art. 77)
the term of natural resources include both non-living resources
of the seabed and subsoil such as minerals, as well as
organisms, but only if they belong to sedentary species
(organisms which, at the harvestable stage, are either immobile or
are under the seabed, or are unable to move except in constant
physical contact with the seabed or subsoil
o does not have sovereign right over free-swimming fish or free-moving
crustaceans
Delimitation of continental shelf shall be effected by agreement on the basis
of international lawin order to achieve an equitable solution (Art.83)
o 2 principles of customary law governing maritime delimitation
a delimitation can be effected by agreement between the parties, if
necessary with the aid of third parties, but it should not be
unilateral
b delimitation is to be effected by the application of equitable criteria
and by the use of practical methods capable of ensuring, with
regard to the geographic configuration of the area and other
relevant circumstances, an equitable result
o starting point is the equitable criterion of the equal division of the areas
of convergence and overlapping of the maritime projections of the
coastlines of the states concerned
geometrical method based on geography and the suitability for
the delimitation of both the seabed and the superjacent waters
distance criterion
o Factors that should be taken into consideration in the delimitation
of the continental shelf (ICJ)
a the general configuration of the coasts to the parties, their
opposites, and their relationship to each other within the general
context
b the disparity in the lengths of the relevant coasts of the parties
and the distance between them
c the need to avoid in the delimitation any excessive disproportion
between the extent of the continental shelf areas appertaining to
the coastal state and the length of the relevant part of its coast,
measured in the general direction of its coastlines
o juridical answer to delimitation is designed by the process of
geographical identification
o Distinction between opposite and adjacent states for purposes of
delimitation
a between opposite states, greater weight is placed upon
equidistance
b between adjacent states, other equitable principles may have
more weight
High Seas
concept of the high seas apply to all parts of the sea that are not included in
the exclusive economic zone, in the territorial sea or in the internal waters of
a State, or in the archipelagic waters of an archipelagic State (Art. 86)
governed by the Convention and other rules of international law (Art. 87)
Freedoms include
 1 Navigation Jurisdiction on the High Seas
2 Overflight Philippine Statute
3 Laying of submarine cables and pipelines R.A. No. 9522 Philippine Archipelagic Baselines Act of 2009
4 Construction of artificial islands and other installations permitted under ASEAN Instrument
international law
2002 Declaration on the Conduct of Parties in the South China Sea
5 Fishing
6 Scientific research
7 Naval exercises INTERNATIONAL HUMAN RIGHTS LAW
shall be reserved for peaceful purposes (Art. 88)
Concept of Human Rights
o hence, parties to the Convention are prohibited from testing nuclear
Scope of Human Rights
weapons on the high seas
Right to Self-determination
o prohibition might apply as well to state that is not a party to the
Universal Human Rights
Convention, as evidence by treaties prohibiting nuclear weapons
State Responsibility
Landlocked states have the right to access to and from the sea, and
accordingly enjoy freedom of transit through the territory of transit states by Treatment of Aliens
all means of transport, as shall be determined by bilateral or regional Acts Imputable to the State
agreements (Art. 125) Minimum International Standard
Jurisdiction on the High Seas Objections to Responsibility
Every state has right to sail on the high seas ships flying its flag (Art. 90) Philippine Cases
Every state shall fix the conditions for the grant of its nationality to ships, for o Rights of Lesbian, Gay, Bisexual, and Transgender Individuals
the registration of ships in its territory, and the right to fly its flag (Art. 91) o Human Rights under a Revolutionary Government
Ships may sail under the flag of one state only, and are subject to the o Deportation as Inherent to Sovereignty
exclusive jurisdiction of that state on the high seas (Art. 92) o Aliens Protected by Universal Declaration of Human Rights
o Ship is not part of the territory of the flag state; the state merely o Aliens Disqualified from Public Functiobns
exercises jurisdiction over the ship o Reciprocity as Requisite of Naturalization
o does not provide flag of convenience (refers to a ship that has only o Equality Provisions in the International Instruments
one flag, but is registered in a state offering favorable open registry Philippine Statutes
conditions for foreign ship owners) o R.A. No. 9745 Anti-Torture Act of 2009
o Starke: these states ate nevertheless subject to the stipulation of Art. o R.A. No. 9372 Human security Act of 2007
91 (genuine link between ship and flag state) and 94 (effective ASEAN Instruments
exercise of control) o 2012 ASEAN Human Rights Declaration
Flag states should provide in their laws and regulations for the ownership of o 2009 Terms of Reference of ASEAN Intergovernmental Commission on
ships flying their flags. The law and regulations should include appropriate Human Rights
provision for participation by nationals as owners of such ships o 2009 Cha-Am Hua Hin Decelaration on Intergovernmental Commission on
Exceptions to Freedom of High Seas Human Rights
1 Right of visit o 2004 ASEAN Treaty on Mutual Legal Assistance in Criminal Matters
2 Piracy
3 Slave Trade INTERNATIONAL ENVIRONMENTAL LAW
4 Unauthorized Broadcasting
5 Hot Pursuit Human Rights Approach
6 Collisions State Responsibility and Environment
7 Treaty RIghts
Principles of International Cooperation
International Seabed
Atmospheric Pollution
Philippine Cases
Marine Pollution
Constitutionality of the 2009 Philippine Archipelagic Baseline Law
Ultra-Hazardous Pollution
Philippine Ship in Foreign Port Protection of Threatened Species
Foreign Ship in Distress Philippine Case
Foreign Ship in Local Port o Constitutional Right to Healthful Ecology
Foreign Ship in Neutral Port During War Philippine Statutes
Jurisdiction in Internal Waters o R.A. No. 9729 Climate Change Act of 2009
Jurisdiction in Territorial Waters o R.A. No. 9275 Philippine Clean Water Act of 2004
 o R.A. No. 8749 Clean Air Act of 1999 Maritime Warfare
ASEAN Instruments International Criminal Tribunals
o 2007 ASEAN Declaration on Environmental Sustainability o International Criminal Court: Rome Statute
o 2005 ASEAN Agreement on Disaster Management and Emergency Select Papers
Response o Some Problems and Approaches in the Relation of National Law and the
o 2005 Agreement on the Establishment of the ASEAN Center for Rome Statute of the International Criminal Court: Application of
Biodiversity International Humanitarian Law (2011)
o 2002 ASEAN Agreement on Transboundary Haze Pollution o Asian Perspective: The Promotion of International Refugee Law as a
Factor in Conflict Prevention (1994)
INTERNATIONAL ECONOMIC LAW o Humanitarian Law in Armed Conflicts: Protocols I and II to the 1949
Geneva Conventions (1979)
Theory of Comparative Advantage Philippine Cases
International Economic Agencies o Enforced or Involuntary Disappearance of Persons
New International Economic Order o Writ of Amparo; Doctrine of Command Responsibility
International Monetary Fund Philippine Statutes
World Bank o R.A. No. 10353 Anti-Enforced or Involuntary Disappearance Act of 2012
General Agreement on Tariffs and Trade o R.A. No. 9851 Philippine Act on Crimes Against International
World Trade Organization Humanitarian Law, Genocide, and Other Crimes Against Humanity (2009)
Economic Development
Expropriation and Compensation
Philippine Cases
o Economic Discrimination Against Foreigners
o Economic Agreements
Japan-Philippines Economic Partnership Agreement
World Trade Organization
ASEAN Instruments
o 2012 ASEAN Agreement on Customs
o 2011 ASEAN Framework for Regional Comprehensive Economic
Partnership
o 2011 ASEAN Framework for Equitable Economic Development

INTERNATIONAL HUMANITARIAN LAW

Definition and Background

o The Four Geneva Conventions
o The Two Additional Protocols
o Two Cardinal Principles of Humanitarian Law
o Geneva Conventions Bind All States
Dispute Settlement
o Arbitration
o Judicial Settlement
o Less Formal Means
Manila Declaration on Peaceful Settlement
Self-Defense
UN Enforcement Action
UN Humanitarian Intervention
Civil War
Self-Determination
Means of Waging War
Nuclear Weapons