MARINE RESOURCE CONSERVATION

(Philippine Law and Ecology Vol. II: International Law and rules of Procedure Chapter 5)

5.1 United Nations Convention on the Law of the Sea

I.

II.

Background (1982 United Nations Convention on the Law of the Sea

UNCLOS)
a. International Plane
i. Opened for signature
1. at Montego Bay, Jamaica
2. on December 10, 1982
ii. Entered into force
1. November 16, 1994
b. Local Plane
i. Philippines
1. In accordance with the governments duty to maintain its
sovereignty over the national territory
a. Participated in the negotiations
b. Signed and ratified on May 8, 1984
Territory: Law of the Sea (Bernas, S.J., Introduction to Public International Law)
a. Importance of the Sea (2 Factors)
i. Medium of communication
ii. Contain vast natural resource
b. Extent of a states sovereignty over waters (Art. 2 UNCLOS)
Article 2
Legal status of the territorial sea, of the air space over the
territorial sea and of its bed and subsoil
1. The 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.
2. This sovereignty extends to the air space over the
territorial sea as well as to its bed and subsoil.
3. The sovereignty over the territorial sea is exercised
subject to this Convention and to other rules of international
law
c. Baselines
i. Normal or Straight
1. Baseline = the low-water line along the coast as marked
on large scale charts officially recognized by the coastal
State (Art. 5 UNCLOS)
2. 2 ways of drawing the baseline
a. Normal Baseline
i. One drawn following the low-water line along
the coast as marked on large scale charts

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officially recognized by the coastal state (Art.

5 UNCLOS)
1. This line follows the curvatures of the
coast and therefore would normally
not consist of straight lines
b. Straight Baseline
i. Introduced in the Anglo-Norwegian Fisheries
Vase (U.K. v. Norway ICJ 1951)
1. Method adopted by Norway
2. Later Adopted by the UNCLOS
ii. Drawn connecting selected points on the
coast without appreciable departure from the
general shape of the coast
1. Most archipelagic states use straight
baseline
2. The length of such baseline shall not
exceed 100 nautical miles, except that
up to 3% of the total number of
baselines enclosing any archipelago
may exceed that length up to a
maximum length of 125 nautical miles
(Art. 47 UNCLOS)
iii. Article 7 and 47 of the UNCLOS allows the
use of the straight baseline method for
archipelagic states
Article 7
Straight baselines
1. In localities where the
coastline is deeply indented and cut
into, or if there is a fringe of islands
along the coast in its immediate
vicinity, the method of straight
baselines joining appropriate points
may be employed in drawing the
baseline from which the breadth of the
territorial sea is measured.
2. Where because of the
presence of a delta and other natural
conditions the coastline is highly
unstable, the appropriate points may
be selected along the furthest
seaward extent of the low-water line
and, notwithstanding subsequent
regression of the low-water line, the
straight baselines shall remain
effective until changed by the coastal
State in accordance with this
Convention.
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3. The drawing of straight

baselines must not depart to any
appreciable extent from the general
direction of the coast, and the sea
areas lying within the lines must be
sufficiently closely linked to the land
domain to be subject to the regime of
internal waters.
4. Straight baselines shall not
be drawn to and from low-tide
elevations, unless lighthouses or
similar installations which are
permanently above sea level have
been built on them or except in
instances where the drawing of
baselines to and from such elevations
has received general international
recognition.
5. Where the method of straight
baselines is applicable under
paragraph 1, account may be taken, in
determining particular baselines, of
economic interests peculiar to the
region concerned, the reality and the
importance of which are clearly
evidenced by long usage.
6. The system of straight
baselines may not be applied by a
State in such a manner as to cut off
the territorial sea of another State
from the high seas or an exclusive
economic zone.
Article 47
Archipelagic baselines
1. An archipelagic State may
draw straight archipelagic baselines
joining the outermost points of the
outermost islands and drying reefs of
the archipelago provided that within
such baselines are included the main
islands and an area in which the ratio
of the area of the water to the area of
the land, including atolls, is between 1
to 1 and 9 to 1.
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2. The length of such baselines

shall not exceed 100 nautical miles,
except that up to 3 per cent of the
total number of baselines enclosing
any archipelago may exceed that
length, up to a maximum length of
125 nautical miles.
3. The drawing of such
baselines shall not depart to any
appreciable extent from the general
configuration of the archipelago.
4. Such baselines shall not be
drawn to and from low-tide elevations,
unless lighthouses or similar
installations which are permanently
above sea level have been built on
them or where a low-tide elevation is
situated wholly or partly at a distance
not exceeding the breadth of the
territorial sea from the nearest island.
5. The system of such baselines
shall not be applied by an archipelagic
State in such a manner as to cut off
from the high seas or the exclusive
economic zone the territorial sea of
another State.
6. If a part of the archipelagic
waters of an archipelagic State lies
between two parts of an immediately
adjacent neighbouring State, existing
rights and all other legitimate interests
which the latter State has traditionally
exercised in such waters and all rights
stipulated by agreement between
those States shall continue and be
respected.
7. For the purpose of computing
the ratio of water to land under
paragraph l, land areas may include
waters lying within the fringing reefs
of islands and atolls, including that
part of a steep-sided oceanic plateau
which is enclosed or nearly enclosed
by a chain of limestone islands and
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drying reefs lying on the perimeter of

the plateau.
8. The baselines drawn in
accordance with this article shall be
shown on charts of a scale or scales
adequate for ascertaining their
position. Alternatively, lists of
geographical coordinates of points,
specifying the geodetic datum, may be
substituted. 41
9. The archipelagic State shall
give due publicity to such charts or
lists of geographical coordinates and
shall deposit a copy of each such chart
or list with the Secretary-General of
the United Nations.
d.

Territories
i. Territorial Sea
1. Belt of sea outwards from the baseline and up to 12
nautical miles beyond (Article 3 UNLOS)
a. The width of this territorial belt of water is the 12mile rule
b. However, where the application of the 12-mile rule
to neighboring littoral states would result in
overlapping
i. The rule is that the dividing line is the
median line equidistant from the opposite
baselines
ii. Equidistant rule not apply where historic
title or other special circumstances require a
different measurement
ii. Internal Waters (Art. 8 UNCLOS)
1. All waters landwards from the baseline of the territory
2. Similar to Archipelagic Waters
3. Includes Bays and Historic Bays
iii. Contiguous Zone (Art. 33 UNCLOS)
1. An area of water not exceeding 24 nautical miles from the
baseline
a. Extends 12 nautical miles from the edge of the
territorial sea
iv. Exclusive Economic Zone (EZZ) or Patrimonial Sea (Art. 57
UNCLOS)
1. Area extending not more than 200 nautical miles beyond
the baseline
v. Continental Shelf or Archipelagic Shelf (Art. 76 UNCLOS)
1. Refers to the:

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a. Seabed and subsoil of the submarine areas

adjacent to the coastal state but outside the
territorial sea, to a depth of 200 meters or, beyond
that limit, to where the depth allows exploitation
b. Seabed and subsoil of areas adjacent to islands
III.

UNCLOS
a. Created the International Tribunal for the Laws of the Sea and the
International Seabed Authority
b. Objectives (Preamble UNCLOS)
i. To settle all issues relating to the law of the sea (settle issues)
ii. To create a new Convention to reflect developments since the
UN Conferences on the Law of the Sea in 1958 and 1960 (create
a new convention)
iii. To establish a legal order for the sea and oceans which will
facilitate international communication, and will promote the
peaceful uses of the seas and oceans, the equitable and efficient
utilization of their resources, the conservation of their living
resources, and the study, protection and preservation of marine
environment (establish a legal order)
iv. The realization of a just and equitable international economic
order which takes into account the interests and needs of
mankind as a whole and, in particular, the special interests and
needs of developing countries, whether coastal or landlocked
(realization of a just and equitable international economic order)
v. To develop the principles embodied in resolution 2794(XXV) of
17 December 1970 in which the General Assembly of the United
Nations solemnly declared inter alia that the area of the seabed
and ocean floor and the subsoil thereof, beyond the limits of
national jurisdiction, as well as its resources, are the common
heritage of mankind, the exploration and exploitation of which
shall be carried out for the benefit of mankind as a whole,
irrespective of the geographical location of States (to develop
principles embodied in resolution 2794(XXV))
vi. The strengthening of peace, security, cooperation and friendly
relations among all nations in conformity with the principles of
justice and equal rights and will promote the economic and
social advancement of all peoples of the world, in accordance
with the Purposes and Principles of the United Nations as set
forth in the Charter (strengthening of peace, security,
cooperation and friendly relations among all nations)
c. Other Objectives (La Vina)
i. State-parties carry the obligation to:
1. Give due regard to rights of other states
2. Act in a manner compatible with UNCLOS
3. Adopt reasonable rules and regulations to facilitate
marine scientific research and assist research vehicles
4. Refrain from interfering with shipping

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IV.

5. Be responsible for damages caused by pollution to marine

environment arising out of marine scientific research
6. Conserve and mange natural resources
7. Protect and preserve marine environment
8. Exchange available scientific information on catch and
fishing effort with competent international organizations
9. Cooperate with coastal states whose EEZs overlap to
coordinate management measures concerning share
stock
10.Notify when constructing artificial islands and other
installations
11.Refrain from interfering with navigational rights of other
states
12.Refrain from hampering innocent passage of foreign ships
in territorial sea
13.Give publicity to known dangers to navigation within
territorial sea
Implementing Legislation

5.2. 1993 FAO Compliance Agreement

5.3. 1995 UN Fish Stocks Agreement
5.4. The International Convention for the Prevention of Pollutions from Ships, 1973,
as modified by the Protocol of 1978 (MARPOL 73/78)

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Environmental Law 2015
Atty. Antonio G.M. Lavina