Creative Interactive Group Report Outline
DL: 18-08-18
Topic: United Nations Convention on the Law of the Sea (UNCLOS)
Members: Bacsa, Claudine M., Dela Cruz, Matthew, and Martorillas, Riza Mae M.
I. Outline of Content:
Sub-Topic
A. Case Studies (25%)
Identify/develop 2-3 key problems/scenarios/
Issues, whether hypothetical or actual, relating
to the natural resources and discuss how the
assigned laws applies or how they address or
resolve the problem/scenario/issue.
Proposed Key Message
Issues Relating to Natural Resources
1) Issue: “China in control of Panatag shoal, say Filipino
fishermen”
By Alexis Romero, June 12, 2018 from
https://www.philstar.com/headlines/2018/06/12/182
3895/china-control-panatag-shoal-say-filipino-
fishermen
In relation to Natural Resources: In exchange for
Filipino fishermen’s best catches, Chinese coast guard
personnel would give noodles, cigarettes, and water.
How the issue was addressed: Vice President Leni
Robredo call on to continue asserting the Philippines’s
sovereignty in the West Philippine Sea. Filipino
fishermen could fish in the shoal because of the
improved ties between Manila and Beijing.
2) Issue: “The South China Sea Arbitration (The republic
of the Philippines v. The People’s Republic of China)”
Retrieved from:
Case View https://www.pcacases.com/web/view/7
Press Release on Arbitral Award
In relation to Natural Resources: China’s large-scale
land reclamation and construction of artificial islands
in the Spratly Islands affected the marine
environment.
How the issue was addressed: The Republic of the
Philippines instituted arbitral proceedings against the
People’s Republic of China under Annex VII
“Convention” of the UNCLOS.
Arbitration is concerned with:
o The role of historic rights
o Source of maritime entitlements in the South
China Sea
o Status of maritime features in the South China
Sea
o Lawfulness actions by China in the South
China Sea in violation of the Convention
The tribunal considered the Philippines’ request for a
declaration that China shall respect the rights and
freedoms of the Philippines and comply with its duties
under the Convention.
 B. Highlights of the Law (40%)
 Rationale: Why was the law passed? What does
it seek to achieve?
 Principles & Policies: What guides the State or
implementers or general public in relation to
managing and/or using the resources?
 Institutional Arrangements: Who are the
implementing agencies and/or responsible
actors? What is the role of the general public in
terms of managing and/or using the natural
resources?
 Strategies/Actions required from the
Implementing Agencies and from the General
Public: What must be done and how? What
actions does the law prescribe? What actions
does the law encourage? What actions does
the law prohibit?
Definition
- United Nations Convention on the Law of the Sea
- Defines the rights, restrictions and responsibilities of nations
with regards to their usage of the world’s seas and oceans.
- Sets the boundaries of territorial seas for every nation
wherein they could exploit natural resources.
Rationale
- The three-mile rule that existed under the Freedom of the
Seas Doctrine was initially used by coastal states to delineate
their territorial waters.
- After the Second World War, some nations began extending
their previously set limits.
Examples
1.) United States claiming right to exploit its continental
shelf.
2.) Chile, Peru, and Ecuador upheld sovereignty over a
200 mile
zone.
3.) Indonesia and Philippines, archipelagic nations
declared
authority over waters that separates their islands.
- UNCLOS was deemed essential to settle conflicts and
confusion among nations over the seas neighboring their
coasts.
- It became crucial to form a rule that regulates the use of the
world’s seas and oceans. A law that will ensure protection and
preservation of the marine ecosystem.
________________________________________
Five Maritime Zones
1.) Internal waters – ports, rivers, inlets, and low water line
areas.
2.) Territorial sea – area wherein a state has unlimited overall
jurisdiction.
3.) Contiguous zone – intermediary zone between the
territorial sea and the high seas extending to a maximum of
24 nautical miles.
4.) Exclusive economic zone – intermediary zone lying
between the high seas and the territorial sea to the maximum
extent of 200 nautical miles.
5.) High seas – lie beyond 200 nautical miles from shore and is
governed by the principle of equal rights for all states.
Principles
a.) Principle of the Common Heritage of Humankind
- The Area
- Exploitation in the High Seas
- The International Sea Bed Area
b.) Principle of State Sovereignty over Natural Resources
- Archipelagic Waters
- Territorial Seas
- Contiguous Zones
Policies
1.) Development of Resources of the Area
a.) Policies on activities in an area
- Development of resources
- Principles of conservation
- Prevention of unnecessary waste
- Elimination of monopolization
- Provision for the passage of ships
b.) Production policies
- Provision for the exploitation of natural resources
- Commodity conferences
- Rights and obligations relating to unfair economic
Practices.
2.) Protection and preservation of the marine environment
- General Provisions
- Enforcement
- Rules and regulation on pollution control
3.) Marine scientific research
- General Provisions
- Conduct and promotion of research activities
- Installations or equipment in the marine
environment.
______________________________________________
Authority
International Agencies
1.) International Sea Bed Authority – responsible for the
regulation of all mineral-related activities in the international
seabed area which are beyond national jurisdiction.
2.) International Tribunal for the Law of the Sea (ITLOS) – a
judicial body that deals with the disputes on the
interpretation and application of the convention.
3.) Commission on the Limits of the Continental Shelf –
evaluates requests from coastal nations that wants to extend
their sovereignty over an extended portion of their
continental shelf.
4.) The Enterprise – To regulate the exploration and
exploitation of resources in an area.
Local Agencies
1.) National Mapping and Resource Information Authority
(NAMRIA) – Mapping of boundary delimitations.
2.) Department of Environment and Natural Resources (DENR)
– encompasses the protection and preservation of natural
resources in marine environments under the Philippines’s
jurisdiction.
3.) Philippine Coastguard – responsible for enforcing laws
within Philippine waters, safeguarding our marine
ecosystems, and executing maritime security operations.
Public

a.) Preservation and protection of the marine environment.

b.) Proper observance of applications and research activities
within state’s waters.
______________________________________________

C. Analysis of the Law (10%)
 How are the international and national laws
relate to or link with each other?
 How do the other ENR laws relate to your
assigned laws, if any? What are the overlaps?
What are the inconsistencies?
Implementing Strategies
RA 9513
This act serves as a framework for the regulation of the
continuous development and advancement of renewable
energy sources and how it can be strategically utilized. The
enactment of this law aims to accelerate the development of
potential renewable energy resources including oceans and
run-of-river hydropower.
RA 9522 (The Philippines Baseline Law)
Through the enactment of this law, charts and maps shall be
produced to clearly set the delineating of basepoints and
baselines in the Philippines. This law also clearly defines the
areas in which the Philippines may exercise sovereignty and
jurisdiction.
Prohibitions
- Introduction of substances into marine ecosystems which
may cause hard to the marine biodiversity and hazard to
human health.
- Claim sovereignty over “the Area” and its natural resources
for they are under the common heritage of humankind.
Reference: United Nations Convention on the Law of the Sea.
Retrieved from
http://www.un.org/depts/los/convention_agreements/texts/
unclos/unclos_e.pdf
International law and national law are two legal systems.
1. The former governs the relations between states
while the latter governs the relations between the
official authorities of a State and between these
authorities and individuals as well as the relations
between individuals themselves.
2. There are two major theories dealing with the
relationship of the two legal systems. These two
systems regulates different subject matters, function
on different levels, and each is dominant in its sphere;
national or international.
a. Dualist theory considers that International law
and national law are two separate legal
systems which exist independently of each
other. It also argues that national law has the
supremacy over the international law
whenever a conflict arises within national
borders.
b. Monist theory argues that both laws are
based upon the same premise, that of
regulating the conduct and the welfare of
individuals. Contrary to the dualist theory,
monist theory asserts that international law
has supremacy over national law even within
national borders.
 3. In reality, the above opposing theories do not
adequately reflect actual State practices. As such, we
have also have to direct our attention to the attitude
of International Law to national law and the attitude
of the various national laws to International Law.
a. The Attitude of International Law to National
Law
b. The Attitude of National Laws to International
Law

UNCLOS and RA 7942: an act instituting a new system of

mineral resources exploration, development, utilization, and
conservation.
RA 7942 lays down the rights and policies of the Philippines to
exploit mineral resources within 200 nautical miles offshore or
otherwise known as the Philippines’ exclusive economic zone
(EEZ). Meanwhile, the UNCLOS talks about the rights of states
over the natural resources within their contiguous zones
which are within 24 nautical miles from the baselines from
which the breadth of the territorial sea is measured.

UNCLOS and RA 8550: an act providing for the development,

management and conservation of the fisheries and aquatic
resources, integrating all laws pertinent thereto, and for other
purposes.
As with RA 7942, RA 8550 also talks about the rights and
policies of the Philippines over the marine resources within
the states EEZ.

Both UNCLOS and Space law are based upon the principle of
the common heritage of mankind.

Source:
1. 4. The Relationship between Public International Law
and National Law - Dr. Walid Abdulrahim Professor of
Law. (n.d.). Retrieved from
https://sites.google.com/site/walidabdulrahim/home
/my-studies-in-english/state-responsibility
2. Chan, J. G., & Robles, C. (n.d.). PHILIPPINE
ENVIRONMENT LAWS - REPUBLIC ACT NO. 7942 - AN
ACT INSTITUTING A NEW SYSTEM OF MINERAL
RESOURCES EXPLORATION, DEVELOPMENT,
UTILIZATION, AND CONSERVATION - CHAN ROBLES
VIRTUAL LAW LIBRARY. Retrieved from
http://www.chanrobles.com/RA7942.htm#.W3gfYJ8R
V-E
3. D. (n.d.). United NationsOffice for Outer Space Affairs.
Retrieved from
http://www.unoosa.org/oosa/en/ourwork/spacelaw/i
ndex.html
4. Republic Act No. 8550 | GOVPH. (n.d.). Retrieved from
http://www.officialgazette.gov.ph/1998/02/25/republ
ic-act-no-8550/
D. Quick State of the Resources (5%)
 What natural resources do we have?
 How important are they? What ecosystem
services do they provide?
 What is their present condition?
[Cite official &updated sources]
E. Decided Conflicts (20%)
 Facts: What actual controversies happened in
the past?
 Issue: What was the issue?
 Ruling: How did the Supreme Court decide
the case?
 Rationale: Why did the Supreme Court decide
the way it did? What are important principles
laid down by the Supreme Court in its
decision?
Natural Resources: Being an archipelago, Philippines’ vast
oceans and seas surrounding its territory is blessed with
abundant marine resources.
Importance: The marine ecosystem must be protected since
fishery is one of the sources of income of Filipinos living near
the coastline. Phytoplankton are responsible for the
photosynthetic activities which makes up the food chain
process and supplies oxygen to fishes and other living
organisms in the ecosystem.
Present condition: Marine and coastal ecosystem were
severely affected by illegal fishing, disposal of solid wastes on
water bodies, and other harsh human activities.
Source: https://psa.gov.ph/content/fishery-resources
China’s juridical claims over the South China Sea is in direct
violation of many policies laid by UNCLOS.
Issues:
1. The so-called “9-dashed-line” exceeds the geographic
and substantive limits of China’s maritime
entitlements expressly permitted by the UNCLOS.
2. China interfered with Philippine petroleum
exploration at Reed Bank.
3. China purported to prohibit fishing by Philippine
vessels within the Philippines’ exclusive economic
zone.
4. China protected and failed to prevent Chinese
fishermen from fishing within the Philippines’
exclusive economic zone at Mischief Reef and Second
Thomas Shoal.
5. China constructed installations and artificial islands at
Mischief Reef without the authorization of the
Philippines.
6. China built a large artificial island on Mischief Reef, a
low-tide elevation located in the exclusive economic
zone of the Philippines.
7. China caused permanent, irreparable harm to the
coral reef ecosystem.
8. China permanently destroyed evidence of the natural
condition of the features in question.
Ruling:
The Tribunal concluded that China had violated its obligations
to refrain from aggravating or extending the Parties’ disputes
during the pendency of the settlement process.
Rationale:
The Tribunal considered that the root of the disputes at issue
in this arbitration lies not in any intention on the part of China
or the Philippines to infringe on the legal rights of the other,
but rather in fundamentally different understandings of their
respective rights under the Convention in the waters of the
South China Sea.
II. Outline of Creative & Interactive Presentation:
For the methodology, report must be presented in a creative, interactive and participatory manner.
a. No boring straight reporting nor oral reading of your text-heavy PowerPoint presentations.
b. No cut and paste of the text of the laws. Only summaries or highlights or key points
c. .
d. Primary sources and proper citation, observe intellectual honesty.

Time Alloted Sub-Topic/Key Message Methodology

15 Mins Case Studies 3 Short Skits & Quick Discussion
10 Mins Highlights of the Law: Rationale, Short reenactment of the Rationale
Policies, etc. Discussion with Visual Aid
10 Mins Highlights of the Law: Strategies Oral Presentation with Visual Aids
7 Mins Analysis of the Law Oral Presentation with Visual Aids
10 Mins Quick State of the Resources 4-Pics-1-Word (Marine Natural Resources Edition)
Short video on the present condition of marine ecosystems
8 Mins Decided Conflicts Oral Presentation with Visual Aids