 The UNCLOS established a new order in the

oceans, divided into 17 parts, 320 articles,

and nine annexes introduced significant
provisions such as but not limited to setting
limits, navigation, archipelagic status and
transit regimes, exclusive economic zones,
continental shelf jurisdiction, deep seabed
mining, the exploitation regime, protection of
the marine environment, scientific research,
and settlement of disputes.
 The convention set the limit of various areas,
measured from a carefully defined baseline.
The areas are as follows

 Internal waters. Covers all water and

waterways on the landward side of the
baseline. The coastal state is free to set laws,
regulate use, and use any resource. Foreign
vessels have no right of passage within
internal waters.
 Article 8, UNCLOS

 Territorial sea. This is measured 12 nautical
miles from the baseline, the coastal state is
free to set laws, regulate use, and use any
resource. Vessels were given the right of
innocent passage through any territorial
waters, with strategic straits allowing the
passage of military craft as transit passage, in
that naval vessels are allowed to maintain
postures that would be illegal in territorial
waters.
 "Innocent passage" is defined by the
convention as passing through waters in an
expeditious and continuous manner, which
is not "prejudicial to the peace, good order
or the security" of the coastal state. Fishing,
polluting, weapons practice, and spying are
not "innocent", and submarines and other
underwater vehicles are required to
navigate on the surface and to show their
flag. Nations can also temporarily suspend
innocent passage in specific areas of their
territorial seas, if doing so is essential for
the protection of its security.
 Archipelagic waters. The convention set the
definition of Archipelagic States in Part IV,
which also defines how the state can draw its
territorial borders. A baseline is drawn
between the outermost points of the
outermost islands, subject to these points
being sufficiently close to one another. All
waters inside this baseline are designated
Archipelagic Waters. The state has full
sovereignty over these waters but foreign
vessels have right of innocent passage
through archipelagic waters.
 Article 47(1)(2), UNCLOS

 Contiguous zone. Beyond the 12 nautical
mile limit, there is a further 12 nautical
miles from the territorial sea baseline limit,
the contiguous zone, in which a state can
continue to enforce laws on customs,
taxation, immigration and pollution, if the
infringement started within the state's
territory or territorial waters, or if this
infringement is about to occur within the
state's territory or territorial waters. This
makes the contiguous zone a hot pursuit
area. Article 33 (1) (2), UNCLOS

 Exclusive economic zones (EEZs). These
extend from the edge of the territorial sea
out to 200 nautical miles from the baseline.
Within this area, the coastal state has sole
exploitation rights over all natural resources.
Foreign nations have the freedom of
navigation and overflight, subject to the
regulation of the coastal states. Foreign
states may also lay submarine pipes and
cables.
 Article 55-58, UNCLOS

 Continental shelf. The continental shelf is
defined as the natural prolongation of the
land territory to the continental margin’s
outer edge, or 200 nautical miles from the
coastal state’s baseline, whichever is greater.
A state’s continental shelf may exceed 200
nautical miles until the natural prolongation
ends. However, it may never exceed 350
nautical miles from the baseline; or it may
never exceed 100 nautical miles beyond the
2,500 meter isobaths.
 Coastal states have the right to harvest
mineral and non-living material in the subsoil
of its continental shelf, to the exclusion of
others. Coastal states also have exclusive
control over living resources "attached" to the
continental shelf, but not to creatures living
in the water column beyond the exclusive
economic zone.

 Aside from its provisions defining ocean
boundaries, the convention establishes
general obligations for safeguarding the
marine environment and protecting
freedom of scientific research on the high
seas, and also creates an innovative legal
regime for controlling mineral resource
exploitation in deep seabed areas beyond
national jurisdiction, through an
International Seabed Authority and the
Common heritage of mankind principle. It
has also established the dispute resolution
mechanisms.
 Territory as an element of a state means an
area over which a state has effective control.
The case of Las Palmas Islands substantiated
the theory that control over a territory is the
essence of a state. It was said that “sovereignty
over a portion of the surface of the globe is the
legal condition for the inclusion of such portion
in the territory of any particular state.” The
exact boundaries might be uncertain but at
least there should be a definitive core over
which the sovereignty is exercised
1. Discovery and Occupation
2. Prescription
3. Cession
4. Conquest
5. Subjugation
6. Accretion
Discovery and occupation is a mode of
acquisition by which territory not belonging
to any state, terra nullius, is placed under the
sovereignty of the discovering state. In
occupation, it is important that a territory
should be terra nullius – a territory belonging
to no one at the time of the act alleged to
constitute the occupation. Formerly, it was
held that the mere fact of discovery by the
agents of the state gave title to the state over
a new territory.
It was sufficient for a person in the name of his
government to plan a cross or any other sign
post and claim it for his possession. This
time, it was held necessary that discovery be
supplemented by effective occupation in
order to give the title. Discovery alone, only
gives an inchoate title.
The rules of effective occupation are stricter in
modern times than they were earlier. Up to the 18th
century, discovery alone sufficed a legal title.
Discovery accompanied by some symbolic act
sufficed to establish good title to sovereignty over
the land in question. In their words, “the formal
ceremony of taking possession, the symbolic act
was generally regarded as being wholly sufficient
per se to establish immediately a right of
sovereignty over or a valid title to areas claimed
and did not require to be supplemented by the
performance of other acts as in the case of
effective occupation. A right or title so acquired
and established was deemed good against claims
set up in opposition thereof.”
 THE CASE OF ISLAND OF PALMAS CASE
(NETHERLANDS, USA) APRIL 4, 1928
 This case involves a dispute between
United States of America and the Netherlands
on Palmas Islands (also called Miangas). This
case involves sovereignty and was resolved by
arbitration.

The title of discovery, if it had not already been
disposed of by the Treaties of Munster and
Utrecht, would, under the most favorable and
most extensive interpretation, exists only as
an inchoate title, as a claim to establish
sovereignty by effective occupation. An
inchoate title however cannot prevail over a
definite title founded on continuous and
peaceful display of sovereignty.
that international law has stressed the
importance of the “effective occupation” of
islands to prove title rather than historical
rights or first discovery. This precedent was
laid down in the Island of Palmas case in April
1928.
More recently, The International Court of
Justice decided in December 2002 in favour
of Malaysia and against Indonesia in relation
to ownership over Pulau Ligitan and Pulau
Sipadan for similar reasons. The court
applied the test of evidence of “activities
evidencing an actual, continued exercise of
authority over the islands, i.e., the intention
and will to act as sovereign”.
It found that Malaysia had engaged in a regular
pattern of state-sponsored activities
“revealing an intention to exercise state
functions” in relation to the islands and which
were not opposed by Indonesia
 THE CONSTITUTIONALITY OF RA 9522 :
PROF. MERLIN MAGALLONA ET AL., VS HON.
EDUARDO ERMITA ET AL., G.R. NO. 187167
 Archipelagic State means a state constituted
wholly by one or more archipelago and may
include other islands
 Dispute is a disagreement on a point of law
or fact, a conflict of legal views or interests
between two persons.
 As Defined by the Permanent Court of
International Justice in the Mavrommatis
Palestine Concessions Case(1924) cited in
Anne Peters, International Dispute Settlement:
A Network of Cooperational Duties.
 International dispute are those in which the
rivaling claims are based on international law,
particularly with the parties being subjects of
international law
dispute settlement is present when the
competent body or mechanism is constituted
under and functions according to
international, not purely international rules

 Regime of Islands is covered by Article 121
of the UNCLOS, which refer to an island as
naturally formed area of land, surrounded by
water, which is above water at high tide.