ritorial waters, and a new set of principles became applicable." This was reiterated in the case of People vs. WOng Cheng.11 Clearly, the con­ cept of territorial waters was in accord with the 3-mile rule. found within the coastal state and those waters on the landward side of the baseline of a coastal state.. No Right of Innocent Passage There is no right of innocent passage in internal waters, as such right applies only to the territorial sea and the archipelagic waters. the concept of archipelagic States and waters. Article 46 of The United Nations Convention on the Law of the Sea of 1982 (UNCLOS 1982) treats "archipelago" as a group of islands, including parts of islands, interconnecting waters and other natural features which are so closely interrelated that such islands, waters and other natural features form an intrinsic . 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. When Piracy is Just Armed Robbery. The archipelagic doctrine is now incorporated in Chapter IV of the said convention. By this concept (archipelagic doctrine), an archipelago shall be regarded as a single unit, so that the waters around, between, and connecting the islands of the archipelago, irrespective of their "breadth and dimensions", form part of the internal waters of the state, subject to its exclusive sovereignty All waters inside this baseline will be Archipelagic Waters and included as part of the state's internal waters. <>stream The area with a baseline that faces landward is referred to as internal waters. <> endobj BY ANTONIO T. CARPIO THE PHILIPPINES has adopted two types of baselines from which its maritime zones — territorial sea, contiguous zone, exclusive economic zone, and extended continental shelf — are measured. It is a truism that the increasingly rapid movement in technology is forcing change and shift in the norms of international law. endobj Whether referred to as Philippine internal waters under Article I of the Constitutionor as archipelagic waters under UNCLOS III (Article 49 [1]), the Philippines exercises sovereignty over the body of water lying landward of the baselines, including the air space over it and the submarine areas underneath. This book addresses issues related to maritime boundaries and security, marine safety, inter-island shipping, the development of the archipelagic concept in international law, marine conservation, illegal fishing, and the place of the sea ... Indonesia has replaced its original archipelagic legislation, which accorded foreign ships a right only to innocent passage through its archipelagic waters (which were referred to as internal waters), in express recognition of the fact that the original legislation was contrary to the 1982 UNCLOS: the new legislation fully conforms to the . UNCLOS III affirms this: The waters within that line are considered to be internal waters over which Canada has . Territorial Sea The state has full sovereignty over these waters (like internal waters), but foreign vessels have right of innocent passage through archipelagic waters (like territorial waters). However waters within the archipelagic line are not considered internal waters but archipelagic waters. The state has full sovereignty over these waters (like internal waters), but foreign vessels have right of innocent passage through archipelagic waters (like territorial waters). This collection will especially appeal to those concerned with freedom of the seas and passage rights. D. Contiguous zone Beyond the 12 nautical mile limit there was a further 12 nautical miles or 24 nautical miles from the territorial sea baselines limit, the contiguous zone, in which a state could continue to enforce laws regarding . The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. 1 jul 2007 u.s. navy nwp 1-14m u.s. marine corps mcwp 5-12.1 u.s. coast guard comdtpub p5800.7a the commander's handbook on the law of naval operations law of the sea, LOSC, maritime dispute, maritime law, custom of the sea, maritime claims, maritime boundaries, maritime map, maritime chart Under UNCLOS III, an archipelagic State may have internal waters such as those enclosed by closing lines across bays and mouths of rivers (Article 50, UNCLOS III). 24 0 obj x�}��n�0E��ܥ]T�TwM�.R�i�f�،�B�\YH��/->4��°晙;w���VU=��*F��V��9*�$(��U�I��W���b��Y��ϟ��>b"H� ��s��x�8���&y$�ķ, The Archipelagic States Concept and Regional Stability in Southeast Asia. Academia.edu is a platform for academics to share research papers. 14. Move mouse over map to determine position. 1 0 obj III. Effectively, the 7,641 islands form a single unit. He cited Article XII, Section 2 of the Charter, which states that: "The State shall protect the nation's marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens." "The Philippines has exclusive sovereign right to exploit all the fish, oil, gas and other mineral resources in its exclusive economic . endobj 2019-03-22T10:31:32-07:00 Covers all water and waterways on the landward side of the baseline. Coastal waters are a domestic maritime zone identified in the OCS (discussed further • the internal waters (UNCLOS, Pt II, Art 8), delimited by the yellow line on the diagram . Delimitation of internal waters Within its archipelagic waters, the archipelagic State may draw closing lines for the delimitation of internal waters, in accordance with articles 9, 10 and 11 Internal Waters (Ports) Internal Waters (Mouth of Rivers) 1. Found insideWritten by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. The Handbook consists of forty chapters divided into six parts. Notify me of follow-up comments by email. UNCLOS III does not define the internal and territorial waters of states but merely "prescribes the water-land ration, length and contour of n=baselines of archipelagic States like the Philippines." "UNCLOS III has nothing to do with the acquisition (or loss) of territory," It is a All waters inside this baseline are designated Archipelagic Waters. The prosecutor added, "In the context of the law of the sea, sovereignty of a State implies its exclusive legal authority over all its internal waters and territorial sea (and where applicable, the archipelagic waters)." "Overall, in the Office's view, the EEZ (and continental shelf) cannot be equated Legal status of archipelagic waters, of the air space over archipelagic waters and of their heel and subsoil. 187167. The waters within the baselines shall be considered internal waters; while the breadth of the territorial sea shall then be measured from the baselines. The present guide includes practical guidance on the implementation of the provisions of the Convention on the Law of the Sea relating to marine scientific research based on the outcome of the meeting of the Group of Experts. 1. Internal Waters and Archipelagic Waters Article 1 of the Philippine Constitution provides that "[t]he waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines." There is no right of innocent passage through internal waters. The Philippines maintains the sui generis (unique) character of archipelagic waters as equivalent to the internal waters of continental coastal states. Jurisdiction over the water column and the . The archipelagic waters of our archipelago are protected by the second sentence of the definitions of our national territory which reads: "The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, from part of the internal waters of the Philippines . 25 0 obj endobj + −. As per article 2(1) of the 1982 UN Convention, 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. This book covers topics such as baselines, historic title and rights, due regard and abuse of rights, peaceful use of the ocean, navigation regimes, marine scientific research, intelligence gathering, the UNCLOS dispute settlement system ... 8 0 obj Types of Clouds and their Origin | UPSC - IAS, Distribution of Salinity, Density and Temperature of…, Causes of Eutrophication and Algal bloom | UPSC - IAS, All Types of satellite orbits and their features, Invasive Alien Species in India and its Causes | UPSC - IAS, Climate Change and International Security Issue | UPSC, Heat budget of the earth and Distribution of…, Physical Geography Dictionary and Glossary | A to Z | UPSC, Time zones and International date line | UPSC - IAS, Golan Heights Dispute | U.S, Israel & Syria |…, Ruin of Artisans and Craftsmen: Causes & impact | UPSC, What are the factors affecting the salinity of the sea water ? The maritime zones recognized under international law include internal waters, the territorial sea, the contiguous zone, the exclusive economic zone(EEZ), the continental shelf, the high seas and the Area.The breadth of the territorial sea, contiguous zone, and EEZ (and in some cases the continental shelf) is measured from the baseline determined in accordance with customary international law . <>/ProcSet 41 0 R/XObject 42 0 R>>/Rotate 0/Type/Page>> • Internal waters • Archipelagic waters • Coastal waters • Territorial waters • Contiguous Zone • Straits. It appears that China conceded its status as a coastal (non-archipelagic) state when it signed the UNCLOS because the UNCLOS classifies countries in only two ways — archipelagic or coastal. The 1982 UN Convention on the Law of the Sea contains provisions governing the maritime claims of states, including special provisions for archipelagic states. <>stream Territorial Seas (12NM) Contiguous Zones (24NM) Internal Waters. It legalizes the unity of land, water and people into a single entity. <>/ProcSet 71 0 R/XObject 72 0 R>>/Rotate 0/Type/Page>> Internal Waters. internal waters, archipelagic waters, and territorial seas of a State . Contiguous zone is 24 nautical miles from the territorial sea baseline in which a state could continue to enforce laws in four specific areas: pollution, taxation, customs, and immigration. The waters inward of the straight baseline, towards the direction of the islands, are called either "internal waters" or "archipelagic waters." The waters outward from the straight baseline, to the extent of 12 nautical miles, form the territorial seas. These two baselines are the archipelagic baselines for the Philippine archipelago and the normal baselines for offshore islands under the Regime of Islands […] All waters inside this baseline are designated Archipelagic Waters. The internal waters run sideways of a nation's water territory's baseline, facing towards the land. É´²­Õ´ëãsþÇ9çÿ¿{Îw. This article relates only to bays the coasts of which belong to a single State. A baseline is drawn between the outermost points of the outermost islands, subject to these points being sufficiently close to one another. Department of Defense Dictionary of Military and Associated Terms defines innocent passage as the right of all ships to engage in continuous and expeditious surface passage through the territorial sea and archipelagic waters of foreign coastal states in a manner not prejudicial to its peace, good order, or security. endobj M) TREATY OF PARIS (1898) Territorial . endobj August 16, 2011 o Archipelagic waters, o Territorial sea ~ Sovereignty exercised by the coastal state ~ Right of innocent passage: ships of other States o Internal waters o Elements of Archipelagic . One of the major differences between the Territorial sea and the internal water is that there exists no right of innocent . endstream It defines a country's internal waters as waters facing towards the land except in archipelagic states, they include; small bays, canals and rivers. There is a general consensus in the global maritime industry that the rate of unlawful acts against vessels in the Gulf of Guinea (GoG) has been on the increase . Concept of Sovereignty • Absolute prescriptive and enforcement This doesn't apply to archipelagic states. 187167. <> In terms of archipelagic internal waters, Palawan has the biggest marine resources that covers almost half of the Sulu Sea and a big chunk of the South China Sea that is within the municipal waters of Kalayaan Municipality which was official annexed to the Philippine jurisdiction by virtue of Presidential Decree 1596 dated June 11, 1978. f"mTM_K_?Y`($!Vu\Pber*\./g2g3:X@^\Oj$nQf#[>1.T5u['0Pg[ China is not. The application of full sov - ereignty, however, only exists over the internal waters. Indonesia respectively, exercise jurisdiction over international straits and archipelagic waters. (Art. August 16, 2011 o Archipelagic waters, o Territorial sea ~ Sovereignty exercised by the coastal state ~ Right of innocent passage: ships of other States o Internal waters o Elements of Archipelagic . The Philippines was the first country in the world to advocate the concept as far back as March 7, 1955 in a note verbale to the UN Secretary-General. Supreme Court upholds PHL 2009 Baselines Law. Please note that for the delineation of our EEZ, we include the archipelagic waters and the internal waters of each country. <>/ProcSet 86 0 R/XObject 87 0 R>>/Rotate 0/Type/Page>> Foreign vessels have no right of passage within internal waters. Internal waters are all the waters that fall landward of the baseline, such as lakes, rivers, and tidewaters. 26 0 obj archipelagic waters separately from territorial sea. 㠃®EÝõak(ú;Òü–êÂU#¹QËϋ/ `-ÕÍ«6oTÄ%â5 vˆìµƒ£«G˜õlŽäŸýÕk. 3 0 obj 187167. The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its . The freedom of the seas was premised on the notion that the sea and all the resources that lie beneath it are infinite and immeasurable. DefinitionUN Convention, Article 86: "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" 73. o Archipelagic Waters; Archipelagic principle o Archipelagic Doctrine under Article I, Section 1 CASE: Magallona vs. Ermita, G.R No. Archipelagic Principle Archipelagic Doctrine Archipelago Doctrine of Article I Elements of Archipelagic Doctrine Purpose of Archipelagic Doctrine A. Archipelagic Doctrine (1989 Bar Question) It is the principle whereby the body of water studded with islands, or the islands surrounded with water, is viewed as a unity of islands and waters together forming one integrated unit. But the Americans also introduced elements which have been interpreted as The first attempt at codification of the customary law of maritime delimitation started with the 1930 Hague Conference under the auspices of the League of Nations. Coastal Waters (3 nautical mile limit) Coastal Waters is a belt of water between the limits of the Australian States and the Northern Territory and a line 3M seaward of the territorial sea baseline*. <> endobj August 16, 2011 o Archipelagic waters, o Territorial sea ~ Sovereignty exercised by the coastal state ~ Right of innocent passage: ships of other States o Internal waters o Elements of Archipelagic . Archipelagic Water Article 1 of the 1987 Constitution said: "The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part . <> Under Part IV, Article 49, of the LOSC, archipelagic states also have full sovereignty over the airspace over their archipelagic waters. 3. Consequently, there is no rights of passage of foreign ships over the internal waters, unless authority exercise their sovereignty includes internal waters, 12. archipelagic waters (only for an archipelagic states) 13. and territorial waters. Archipelagic states are groups of islands forming one state. Click on the map to get feature info. The internal waters refer to waters on the landward side of the archipelagic baselines not forming part of archipelagic waters, and waters on the landward side of the baselines of the territorial . <>/ProcSet 101 0 R/XObject 102 0 R>>/Rotate 0/Type/Page>> <>/ProcSet 56 0 R/XObject 57 0 R>>/Rotate 0/Type/Page>> 23 0 obj The Tribunal ruling, in para. The Legal Regime of Straits examines the complex relationship between the coastal state and the international community. uuid:1949c82c-ab17-11b2-0a00-a03f234afd7f %PDF-1.7 %���� Philippine Bar Exams Reviewer for Political Law Part 2 The Constitution - General Considerations #1. Archipelagic waters shall refer to the waters on the landward side of the archipelagic baselines except as provided for under the provisions defining the internal waters of the country. States have the same sovereign jurisdiction over internal waters as they do over other territory. Effectively, the 7,641 islands form a single unit. Specifically, UNCLOS governs the use of the following maritime zones: (a) internal waters or archipelagic waters, the landward waters adjacent to the territorial sea; (b) territorial sea, an area . 5 0 obj This groundbreaking work was commissioned by the Dutch East India Company to dispute the monopoly on East Indian trade routes claimed by the Portuguese. endobj Internal Waters. The "archipelagic waters" within the outermost islands of archipelagic states are treated as internal waters with the exception that innocent passage must be allowed, although the archipelagic state may designate certain sea lanes in these waters. Step-by-step explanation The United Nations Convention on the Law of the Sea (UNCLOS) is a global treaty that was adopted in 1982. 2019-03-22T10:31:32-07:00 The term "archipelagic waters" is a new concept under the international law. • Straight archipelagic baselines joining the outermost points of the outermost islands and drying reefs of the archipelago may be drawn so long as the claimant State's "main islands" are included within the archipelagic baseline system • The ratio of water to land within the baselines must be between 1:1 and 9:1 Whether referred to as Philippine internal waters under Article I of the Constitutionor as archipelagic waters under UNCLOS III (Article 49 [1]), the Philippines exercises sovereignty over the body of water lying landward of the baselines, including the air space over it and the submarine areas underneath. "r. These areas are Exclusive Economic Zones (EEZ), Territorial Seas (TS), Contiguous Zones (CZ), Internal Waters (IW), Archipelagic Waters (AW) and High Seas (HS). Found insideSovereignty and the Sea explains how Indonesia succeeded in its extraordinary claim. At the heart of Indonesia’s archipelagic campaign was a small group of Indonesian diplomats. The Handbook covers legal, technical and practical information deemed essential in negotiating maritime boundary delimitation between coastal states.It also contains information about the peaceful settlement of disputes where negotiations ... This title provides an overview of the international law of the sea. )V=l8G2^b/D? Moreover, Article 8 (2) of UNCLOS III provides: Where the establishment of a straight baseline in accordance with the method The study concludes that despite the dangers of such a result, the developing law, as reflected in the military manuals of several maritime States, seems to accept the old rules as applicable to the new and expanded national zones in the ... In the aftermath of World War II, the creation of the United Nations . The Convention confirmed legally the doctrine espoused by the Philippines and a number of other archipelagic States. The coastal state is free to set laws, regulate use, and use any resource. - 1. This book also provides an overview of controversies and points of disagreement between various states. Appligent AppendPDF Pro 5.5 uuid:1949a0b4-ab17-11b2-0a00-782dad000000 A compilation of statements made by Aḥmad Shuqayrī at the first and second International Conferences on the Law of the Sea (1958 and 1960), and before the Sixth Committee of the United Nations General Assembly on November 30, 1959. The Archipelagic States Concept and Regional Stability in Southeast Asia Archipelagic Waters. 9 0 obj <> PH is archipelagic. ?SlMqr`7k4a"2u5(XH>GR)Op9Od$TL)flr6bGfU7PVH!3YtpL,%G1g6\XtXQ4*k,V Waters on the landward side of the baseline are internal waters for the purposes of international law. Prince 9.0 rev 5 (www.princexml.com) While archipelagic states are now sovereign over the waters between their islands, the Unclos mandates free passage between such waters, as a concession for granting archipelagic states such rights. Dependent Archipelagos in the Law of the Sea examines the archipelagic concept in international law of the sea with respect to dependent archipelagos, both coastal and outlying, and evaluates the contribution of state practice to solutions ... The Archipelagic Outlook is adamant about the integrity of Indonesia's outer islands and territorial waters, fearing that they might be claimed or used by foreign powers to influence domestic . The internal waters of New Zealand include any areas of the sea that are on the landward side of the baseline of the territorial sea of New Zealand Definition of Territorial Sea (12nm limit) The Territorial Sea is an area of water not exceeding 12 nautical miles in width which is measured seaward from the territorial sea baseline. All water inside this is called Archipelagic Waters. <> 2 0 obj Internal waters are waters of lakes, rivers etc. 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. endobj "An important contribution to the dearth of literature of ASEAN and the law of the sea, this book is the result of extensive research by Dr. Tangsubkul, an international law specialist. The general international law regarding foreign merchant ships in internal waters has never been codified. endobj UNCLOS III affirms this: Présentation de l'éditeur : "The United Nations Convention on the Law of the Sea (UNCLOS) entered into force in 1994 and has since been ratified by about 160 states, including all the Member States of the EU and the EU itself. Exclusive Economic Zones - Boundaries. The landward waters embraced within the baselines determined by RA 9522 is "all waters around, between, and connecting the islands of the archipelago, regardless of its breadth and dimensions . Internal waters Internal waters Internal waters under UNCLOS = Archipelagic Waters with Archipelagic Sealanes Territorial Sea: RP Law (Paris Treaty) West 221.8 miles East 283.18 miles UNCLOS 12 miles 221.8 M 283.18 M Territorial Sea Under RP Law TERRITORIAL SEA UNDER RA3046/5446 (263,300 sq.

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