International Law

Chapter 8

Importance of the Sea

1. Medium of communication

2. Control of vast natural resources

Doctrine of the open seas

consideres the high seas as res communis accessible to all

• permissible the delineation of a maritime bel by littoral states as an indivisible part of its domain

Convention on the Law of the Sea

prevailing law on maritime domain

Territorial Sea

belt of sea outwards from the baseline and up to 12 nautical miles beyond

Baselines

the low-water line along the coast as marked on large scale charts officially recognized by coastal state

Two ways of drawing the baseline

1. Normal Baseline

2. Straight Baseline

Normal Baseline

following the low-water line along the coast

• follows the curvatures of the coast

Straight Baseline

connecting selected points on the coast without appreciable departure from the general shape of the coast

• used by the PH

• not exceed 100 nautical miles

• archipelago: 125 nautical miles

Sovereignty over Territorial Sea

the sea and the strait are subject to the right of innocent passage

Right of Innocent Passage

passage that is not prejudicial to the peace, good order or security of the coastal state

• have the right to very and prevent passage if determined to not be innocent

Contiguous Zone

an area of water not exceeding 24 nautical miles from the baseline

• exercised to prevent infringement of its customs, fiscal, immigration or sanitation authority

Exclusive Economic Zone (Patrimonial Sea)

an area extending not more than 200 nautical miles beyond the baseline

Two Primary Obligations of Coastal States

1. conservation and management measures (living sources are not exploited)

2. optimum utilization

The High Seas

all parts of the sea that are not included in the territorial sea or in the internal waters of a state

• flag state has jurisdiction over its ships on high seas

Six Freedoms of the High Seas

1. Navigation

2. Overflight

3. Fishing

4. Lay Submarine cables and pipelines

5. Construct artificial islands and structures

6. Scientific research

Hot Pursuit

allows hot pursuit of a foreign vessel where there is good reason to believe that the ship has violated law and regulations of the coastal state

• commence: within internal waters

• stop: ship enters territorial waters of its own state or 3rd state