THE UNITED NATIONS CONVENTION ON THE LAW OF THE

SEA
The 1982 United Nations Convention on the Law of the Sea (UNCLOS) is the
most comprehensive attempt at creating a unified regime for governance of
the rights of nations with respect to the world's oceans. The treaty addresses
a number of topics including navigational rights, economic rights, pollution of
the seas, conservation of marine life, scientific exploration, piracy, and more.
The treaty, one of the longest in history, is comprised of 320 articles and 9
annexes, representing the codification of customary international law and its
progressive development.

ITS RELEVANCE AS A LEGAL INSTRUMENT

Although UNCLOS is not an environmental treaty, it frequently addresses
environmental concerns. In addition to having an entire section dedicated to
the protection and preservation of the marine environment (Part XII), the
treaty also contains numerous references to environmental duties and
obligations throughout its many articles.

1. Pollution Prevention (Generally)

Article 195 requires nations to "prevent, reduce and control pollution in the
marine environment." Article 195 also prohibits nations from transferring
pollution to another nation, either directly or indirectly, or from turning one
type of pollution into another. The prohibition on changing one pollutant into
another may have impacts on future carbon mitigation schemes such as
water-column carbon sequestration or sub-seabed sequestration. For more
information, see Convention on the Prevention of Marine Pollution by
Dumping of Wastes and Other Matter (1972) and the 1996 Protocol.
2. Dumping at Sea
Dumping is defined in Article 1 as "any deliberate disposal of wastes or other
matter from vessels, aircraft, platforms or other man-made structures at sea"
or the disposal of the vessels, aircraft, platforms, or structure themselves at

sea. UNCLOS makes an exemption for the disposal of wastes that are
incidental to the normal operations of vessels, aircraft, etc.

3. Fishing Rights
Many of UNCLOS's articles on fishing rights relate to who has the right to
control and exploit various fish stocks. While these articles are not primarily
environmental in nature, they do contain provisions on regulating
overfishing, which is itself an environmental concern. The placement of these
articles in Part V (governing the EEZ) and Part VII (governing the high seas)
as opposed to Part XII (governing environmental protection) may be read as
an indicator of the economic and territorial focus associated with protecting
sovereign rights over fish stocks as opposed to an environmentally centered
approach.

ENFORCEMENT
Enforcement of the provisions of UNCLOS can be a complicated issue as
multiple nations may appear to have jurisdiction over a single issue. What
happens, for example, if a vessel flying the flag of one nation is accused of
dumping in the territorial sea of another? What if the same ship was caught
dumping on the high seas by a ship flying the flag of another nation?
1. Enforcement by the Flag Nation
Nations have vast powers of enforcement over vessels flying their flag.

2. Enforcement by Port Nations

Port nations have the authority to enforce their own laws with regards to
violations that occur in their territorial sea and EEZ, pursuant to Article
220(1).
3. Enforcement by Coastal Nations (Not Acting as Port Nations)
The powers of a coastal nations to enforce various anti-pollution measures
varies depending on the location of both the suspected violation and the
location of the ship at the time the coastal nation chooses to act its
suspicion.
4. General Provisions Regarding Enforcement
UNCLOS provides some general requirements regarding nations enforcing
their laws or international law against ships from another nation.

TERM PAPER

IN
INTERNATIONAL
RELATIONS

ANGELIKA OBISPO
KEEN ALAN CATALBAS
JOANNA MAE UBIAS
ERMELYN ACOSTA

The Nature of International Law

The nature of international law answers the questions; What is it? Is it law?
Is it a legal system? Does it create binding obligations? Why do countries
comply? What is its significance?

Definition
It is a system of principles and rules designed to govern relations between
sovereign states (and other international persons).
Public v. Private International Law
Private international law does not necessarily involve governments and
states. E.g. situations involving elements within Ontario. Also contracts
between two countries. Public international law involves relations
between/among governments and states. There is often overlap between
public and private e.g. international trade, public agreements such as NAFTA
which impact private international law.

Is this body of rule really law? Components of a Legal System

1. Enforcement
2. Promulgated by legislature (which has been elected, is in control, has
authority and popular recognition) this is the way in which rules are
made
3. Body of rules that purport to govern behaviour (Primary rules)
4. Courts also general rules, apply and interpret legislation

5. Secondary rules rules about rules. How to identify/create primary

rules, rules of enforcement of primary rules

Legitimacy
Law is determined by a claim to legitimacy. If it is imposed arbitrarily by a
dictator, it is not law. But if there were a moral theory behind it, we are more
apt to call it law. A rule is legitimate if it is naturally appropriate (Natural
Law self-evident by exercise of reason). Alternatively, a rule is only
legitimate if it is generally accepted by popular consent (positivism). Or
rules are legitimate because they are necessary for common survival.

History
International law has always been Eurocentric and influenced by Western
thought and history. It originates after the breakup of the Holy Roman
Empire in the 1500s. The Treaty of Westphalia in 1648 created a system of
separate states. In order to survive individually, states had to devise ways to
live with other entities. Rules should be naturally appropriate. The 18th
century was one of laissez-faire policies we are only bound by the rules
which we ourselves have agreed to and the idea of national sovereignty.
In the 19th century, with improvements in technology, brutal wars, etc.,
change was needed hence the Geneva Convention and increased notions of
self-determination. The 20th century, with increasing conflicts and
incidences of genocide, there was a revisiting of natural law concepts and an
expansion of human rights law. With technology came the fields of
aerospace and telecommunications law.

The United Nations

The UN can create law by a process in which members agree that a
declaration from the legislature becomes law. There is no central
government in the UN it is merely a forum for discussion/agreement of
resolutions. Adoption of resolutions is subject to the veto of the 5 permanent
members.
The Security Council - previously obtained consent from signing of Charter.
The signing of the Charter binds signors.

The International Court of Justice

Countries need not accept the jurisdiction of the Court. Only 40 countries
currently accept the courts jurisdiction notwithstanding certain reservations.
(e.g. Canada has reservations concerning fisheries). The International Court
of Justice is an arbitration board it has no universal application. The War
Crimes Tribunal is for individuals, not states.

Actions in response to a breach of International Law

If one party fails in its obligations to you, you can ignore your obligations to
them to impose adverse consequences e.g. freeze assets, sever diplomatic
relations, impose sanctions. This is the enforcement mechanism but there is
not central authority. So can we still call it law?
Arguments in favour of calling it law
The objectives are the same as any legal system bringing about order and
justice between states and individuals. It purports to create rights and
obligations and to protect the common interest. However there is not
institutional backup for primary rules;
1. It is also law because states generally act as if there is law conferring
obligations and rights;
2. Domestic application (e.g. Qubec reference domestic courts look to
international law);
3. States by and large comply with the law because it is convenient to
their interdependence.

The Nature of International Law and the Concept of Sources

The concept of the sources of law is frequently to be encountered in legal writing in the field of
international law, and in the decisions of international tribunals. While at the level of the application of
this system, that is to say in the direct relations and negotiations between States, the notion of sources is
less visible, it nevertheless underlies any claim to a legal entitlement, and any complaint of a breach of
international law.
This is one way in which, considered from the standpoint of the systems of law in force in the
various countries and regions of the world, international law is different. While it is no longer possible, as
historically it once was, to suggest that as a system it does not deserve the name of law the lawyer
versed in one or more systems of domestic law may well be confused by the absence of certain familiar
landmarks, and the presence of unusual features. The concept of sources of international law is one of
these, as is the very fact that international law, in its everyday application, appears to require such a
concept, which does not normally need to be invoked in domestic (national) systems, though it is of
course present there also.2
Even a definition of law in the international context may not be an entirely simple matter; but let
us offer a simple working definition for immediate purposes: it is, shall we say, a system of precepts
governing relations between a defined group of persons or entities (the subjects of law), such that an act
of compliance or non-compliance with those precepts involves certain consequences, which are
independent of the will of the actor; this in the sense that the actor may choose to comply, or to refuse, in
the knowledge and possibly with the intention that the appropriate consequence will follow, but is not free
to choose whether or not the act will have those predetermined consequences.
From where does international law derive its content and its authority? At the level of domestic
law, questions of this kind rarely need to be posed, because the answer in most cases is evident. A
fundamental element of a legal and social structure is a legislature, whatever particular form it may take.
If the legislator has spoken, the result is (unless otherwise stipulated) binding law, to be observed by all
persons present on the territory. The primary source of law is thus the legislature. In some legal systems,
there may exist also a body of law established over the years by decisions of the courts, not in application
of legislation but of a body of common law or customary law, and this too may be regarded as a
source.
Also absent from the international scene is any system of public courts, including a court of last
resort, not only open to all members of the international community, but having compulsory and binding
jurisdiction over each of them. The jurisdiction of the International Court of Justice (hereafter the ICJ)
remains voluntary, even for members of the United Nations, who are as such parties to its Statute. There
exists, however, a large and continually growing number of treaties, bilateral and multilateral, providing

for each of the parties to bring a dispute with another party before the ICJ, or before another instance
having powers of binding settlement. All law has ultimately to be put to the test of How would a court
decide? (ubi judex, ibi jus), even when, as in the case of disputes between many members of the
international community, there exists no mechanism for judicial examination and settlement unless and
until the parties so agree. In the courtroom the question has to be What is the law? and not what ought
the law to be?

A COURSE REQUIREMENT
IN
INTERNATIONAL LAW

Submitted to:
DR. DANTE PASICOLAN

Submitted by:
MYZEL U. DONAYRE
JALE ANN A. ESPAOL
SHAINA MAE VILORIA

LEVI CAMASO
JOVILYN RANAY

NATURE OF INTERNATIONAL LAW

While it is true that international law deals with international disputes, like any
other system of law the role of international law is to regulate relations and thus
help to contain and avoid disputes in the first place. the substantial part of
international law, therefore, does not concern dispute resolution but dispute
avoidance. it focuses on the day-to-day regulation of international relations.

The nature itself speaks about the definition of international law, its
legitimacy, and binding authority.
WHAT IS INTERNATIONAL LAW?
International law is part of a discourse of legitimacy as opposed to a
discourse of power in international society. It is part of the larger idea that
international conduct should be subject to normative constraints.
DEFINITIONS
We think of law in terms of a vertical or hierarchical system of authority,
backed by sanctions.
John Austin: law proper is a command from a determinate authority backed
by force
Dean Acheson -"much of what is known as international law is a body of
ethical distillation rather than true law"
SYSTEMS OF AUTHORITY
The role of the judge in domestic systems (especially common law systems
like Britains) is much more pro-active in interpreting law. Note also the
doctrine of precedence in common law systems some cases in effect create
law by establishing precedents in situations where the law might be
uncertain or outdated. In such cases law is not a command from
parliament.

The hierarchical nature of legal decision making there are several layers of
law-making (eg. The Court of Appeal in Britain
The role of sanctions we obey laws for many reasons other than fear of
punishment and sanctions are much less important outside the strict area of
criminal law..
Some argue that there are functional equivalents to legislatures, police
and courts in international society but this is a relatively weak argument,
especially in respect of economic and military sanctions (they hurt the
innocent as well as the guilty, the distinction between a "sanctioning" and a
"non-sanctioning" war is not clear, self help derives from "might is right"
assumptions, the analogy with municipal law is weak.)
The doctrine of incorporation (the notion that states may explicitly
incorporate international law into their domestic systems.
The nature of decision-making processes (eg in governmental foreign
affairs departments and their dependence on identifiable rules may lead
them to treat international law as binding
But some of these are not strong arguments.
The strongest point in favour of the reality of international law is that most
states, most of the time, observe it. Why?
Preference for order, quasi-sanctions, reciprocity, shared principles and
techniques of legal reasoning.
WHY IS IT BINDING
Why is international law binding upon states? Two arguments used:
1 Natural law international law embodies principles that are inherently
right.
2 Positivism -states have consented to international law in some sense.

ITS SCOPE
International law includes both the customary rules and usages to
which states have given express or tacit assent and the provisions of

ratified treaties and conventions. International law is directly and strongly

influenced, although not made, by the writings of jurists and publicists, by
instructions to diplomatic agents, by important conventions even when they
are not ratified, and by arbitral awards. The decisions of the International
Court of Justice and of certain national courts, such as prize courts, are
considered by some theorists to be a part of international law. In many
modern states, international law is by custom or statute regarded as part of
national (or, as it is usually called, municipal) law. In addition, municipal
courts will, if possible, interpret municipal law so as to give effect to
international law.
Although international law is mostly made between States or in
international law, a in relation to States, its effects state is a recognized are
broader and can also affect and independent country other entities.
Sometimes, these are called non-State Actors and include individuals,
corporations, armed militant groups, groups that wish to secede or break
away from a State, and other collective groups of people, such as minorities
(ethnic, religious, linguistic) and Indigenous peoples.
An important aspect of international law is resolving international
disputes, but it is only one part. Like any legal system, international law is
designed to regulate and shape behaviour, to prevent violations, and to
provide remedies for violations when they occur.

TERM PAPER
IN
INTERNATIONAL
RELATIONS