CTCW-Quiz

• Law of the Sea


  The body of international rules that binds states and other subjects of international law in their maritime affairs.
• Principles that Governs the Law of the Sea

  • Principle of freedom
  • Principle of sovereignty
  • Principle of the common heritage of mankind
• The Law of Sea has been codified into four

  • The Hague Conference for the Codification of the International Law (1930)
  • The First United Nations Conference on the Law of the Sea 1958, (UNCLOS I)
  • The Second United Nations Conference on the Law of the Sea, 1960 (UNCLOS II)
  • The Third United Nations Conference on the Law of the Sea, 1973 - 1982 (UNCLOS III)
• BaseLines


  The line from which the outer limits of marine spaces under the national jurisdiction of the coastal state are measured. It is also the line distinguishing internal waters from the territorial sea
• Types of Baselines

  1. Normal Baseline
  2. Straight BaseLine
  3. Closing Baselines across river mouths and bays
  4. Archipelago Baselines
• The normal baseline is the low - water line along the coast as marked on the large scale charts officially recognized by the coastal state
• The straight baselines must not depart to any appreciable extent from general direction of the coast (Article 7, UNCLOS III).
• an Archipelagic state is a state constituted wholly by one or more archipelagos and may include other islands.
• an Archipelago is 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 from

  intrinsic geographical, economic, and political entity or which historically have been regarded
• Two Kinds of Archipelago:

  • Coastal archipelago
  • Outlying or Mid-Ocean archipelago
• an Archipelagic state may draw straight archipelagic baselines joining the outermost islands and drying reefs of the achipelago.
• Under Republic Act NO. 95222, the baselines laws are enacted by UNCLOS III state parties to mark out specific base points along their coasts from which baselines are drawn, either straight or contoured, to serve as geographic stating points to measure

  the breadth of the maritime zones and continental shelf.
• This law effectively classified the Kalayaan Island Group and the Scarborough Shoal as regime of islands, consistent with UNCLOS III which manifests the Philippine States’s

  responsible observation of its pacta sunt servanda obligation ( Magalllona v, Ermita, G.R. NO. 187167, August 16, 2011).
• Archipelagic sea lanes passage


  pertains to the excercise in

  accordance with UNCLOS III of the

  rights of navigation and overflight

  in the normal mode solely for the purpose of continuos, expeditious, and unobstructed transit between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone (par. 3, Article 53, UNCLOS III).
• Territorial Sea


  A marine space under the territorial sovereignty of the coastal state up to a limit not exceeding twelve(12) nautical miles measured from the baselines. it comprises the seabed and its subsoil, the adjacent waters, and he airspace
• The right of Innocent Passage


  is the right of the foreign merchant ships to pass unhindered through the sea of coast
• Principle of freedom


  aims to ensure the freedom of the various oceans
• Principle of sovereignty


  seeks to safeguard the interests os coastal states.
• Principle of the common heritage of

  mankind


  seeks to promote the common interests of all people in

  present and future gnerations.
• To Constitute an Archipelago, the following must exist:

  • existence of a group of islands
  • historical practice
  • existence of an intrinsic geographical economic and political entity
  • compactness or adjacency of islands
• Coastal archipelago


  refers to a group of islands situated so close to main land that they may be considered a part thereof, forming more or less an outer coastline from which it is natural to measure the mariginal seas.
• Outlying or Mid-Ocean archipelago


  refers to a group of islands situated in the ocean at such distance from the coast of firm land as to be considered as an independent whole rather than forming part of, our outer coastline of the mainland.
• The right of Innocent Passage


  ships of all states, coastal or land-lock, inluding foreign warships and submarines are entitled to the right of innocent passage
• Exclusive Economic Zone


  is an area beyond and adjacent to the territorial sea, not extending beyond 200 nautical miles from the baseline of the territorial sea ( Articles 55 & 57, UNCLOS III)
• (EEZ) stands for Exclusive Economic Zone
• the continental shelf of a coastal state comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the contnental margin.
• High Seas


  all parts od the sea that are not within EEZ, the territorial sea, internal waters or archipelagic waters
• (ITLOS) stands for International Tribunal for the Law of the Sea
• International Tribunal for the Law of the Sea


  consists of 21 judges elected by the member states with a system in place to ensure geographic balance
• International Tribunal for the Law of the Sea


  created by the UNCLOS