Law of the Sea | PUBLIC INTERNATIONAL LAW

Law of the Sea (Under Public International Law)

The Law of the Sea, a crucial component of public international law, governs the rights and responsibilities of states in maritime environments. This legal framework provides comprehensive guidelines regarding the use and protection of the world's oceans and marine resources, including delineation of boundaries, exploitation of resources, and environmental protection. The 1982 United Nations Convention on the Law of the Sea (UNCLOS) is the most significant and widely accepted treaty on this subject.

Key Components of the Law of the Sea:

1. Baselines and Internal Waters

   • Baselines: The baseline is the low-water line along the coast from which the seaward limits of a state's maritime zones are measured. Article 5 of UNCLOS provides that normal baselines are to follow the coastline.
   • Straight Baselines: In areas where the coastline is deeply indented or has fringe islands, states can employ straight baselines connecting appropriate points (Article 7 of UNCLOS).
   • Internal Waters: Waters on the landward side of the baseline are internal waters. A coastal state has full sovereignty over these waters, akin to its land territory.

2. Territorial Sea

   • A state’s sovereignty extends to a belt of sea up to 12 nautical miles from the baseline (Article 3 of UNCLOS). This sovereignty includes airspace above and the seabed and subsoil below the sea.
   • The coastal state has the right to regulate activities such as navigation, fishing, and resource exploitation within the territorial sea.
   • Innocent Passage: Ships of other states have the right to innocent passage through the territorial sea (Article 17). Passage must be continuous and expeditious and should not threaten the peace, good order, or security of the coastal state (Article 19).

3. Contiguous Zone

   • Beyond the territorial sea, a state may claim a contiguous zone extending up to 24 nautical miles from the baseline (Article 33 of UNCLOS).
   • In this zone, the coastal state can exercise control necessary to prevent and punish infringements of its customs, fiscal, immigration, or sanitary laws within its territory or territorial sea.

4. Exclusive Economic Zone (EEZ)

   • The EEZ extends up to 200 nautical miles from the baseline (Articles 55-57 of UNCLOS).
   • Within this zone, the coastal state has sovereign rights for the purpose of exploring, exploiting, conserving, and managing natural resources (living or non-living) in the waters, seabed, and subsoil.
   • Other states have freedom of navigation and overflight, as well as the laying of submarine cables and pipelines, provided they respect the rights of the coastal state.

5. Continental Shelf

   • The continental shelf is the natural prolongation of a coastal state's land territory to the outer edge of the continental margin, or 200 nautical miles from the baseline if the continental margin does not extend that far (Article 76 of UNCLOS).
   • The coastal state has exclusive rights to explore and exploit the resources of the continental shelf, including mineral and non-living resources of the seabed and subsoil, as well as sedentary species.
   • States can extend their continental shelf claims beyond 200 nautical miles if the natural prolongation of their land territory meets the criteria set forth by the Commission on the Limits of the Continental Shelf (CLCS).

6. High Seas

   • The high seas are the areas of the sea beyond national jurisdiction (beyond the EEZ). These waters are open to all states (Article 87 of UNCLOS). No state may claim sovereignty over the high seas.
   • All states enjoy freedom of navigation, overflight, fishing, scientific research, and the laying of cables and pipelines.
   • UNCLOS obliges states to cooperate in the conservation and management of marine resources in the high seas, particularly concerning migratory and straddling fish stocks.

7. International Seabed Area (The Area)

   • The seabed and ocean floor beyond national jurisdiction, known as "The Area," is considered the common heritage of mankind (Article 136 of UNCLOS). No state may claim sovereignty over any part of The Area or its resources.
   • Activities in The Area, particularly the exploration and exploitation of resources, are administered by the International Seabed Authority (ISA), established under UNCLOS to regulate these activities and ensure that benefits are shared equitably among all nations, particularly developing states.

8. Straits Used for International Navigation

   • Straits used for international navigation are natural waterways connecting one part of the high seas or an EEZ to another part of the high seas or EEZ.
   • Transit Passage: In such straits, ships and aircraft of all states enjoy the right of transit passage (Article 38 of UNCLOS). This right is broader than innocent passage as it allows uninterrupted and expeditious transit without the coastal state being able to suspend passage.
   • The coastal state may adopt laws and regulations for safety, environmental protection, and the prevention of accidents in the strait, but cannot impede transit passage.

9. Archipelagic States

   • An archipelagic state consists of a group of islands forming a coherent geographical, economic, and political unit (Article 46 of UNCLOS). The Philippines, being an archipelagic state, is an example.
   • Such states may draw archipelagic baselines joining the outermost points of the outermost islands, enclosing the islands and waters within as archipelagic waters.
   • Foreign vessels have the right of archipelagic sea lanes passage, which is similar to transit passage, through designated sea lanes or routes used for international navigation.

10. Marine Environmental Protection

    • States are obligated under UNCLOS to protect and preserve the marine environment (Article 192). They must take measures to prevent, reduce, and control pollution of the marine environment from various sources, including land-based activities, vessels, and seabed activities (Articles 194-196).
    • States are required to cooperate globally and regionally to develop and enforce international rules and standards for the protection of the marine environment.

11. Settlement of Disputes

    • UNCLOS provides a comprehensive system for the peaceful settlement of disputes concerning the interpretation and application of its provisions (Part XV).
    • States parties may resort to various mechanisms, including the International Tribunal for the Law of the Sea (ITLOS), the International Court of Justice (ICJ), or arbitration under Annex VII of UNCLOS.
    • Disputes related to maritime boundaries, resource rights, and environmental obligations are common issues resolved through these mechanisms.

12. Piracy and Illegal Activities

    • Piracy: Defined as illegal acts of violence, detention, or depredation committed for private ends on the high seas or in a place beyond the jurisdiction of any state (Article 101 of UNCLOS).
    • States have a duty to cooperate in repressing piracy, and any state may seize a pirate ship, arrest pirates, and prosecute them under its domestic law (Article 105).
    • Illegal Fishing and Trafficking: UNCLOS obligates states to cooperate in preventing illegal fishing and human trafficking, as well as other criminal activities in the sea.

13. Philippines and the Law of the Sea

    • As a signatory to UNCLOS, the Philippines has enacted domestic legislation aligned with its international obligations. Republic Act No. 9522 (Philippine Archipelagic Baselines Law) defines the archipelagic baselines in accordance with UNCLOS.
    • The Philippines has invoked UNCLOS in its arbitration case against China in the South China Sea (West Philippine Sea) dispute, wherein the Permanent Court of Arbitration (PCA) issued a landmark ruling in 2016, favoring the Philippines’ claim that China’s historic rights claims, based on its "nine-dash line," were inconsistent with UNCLOS.

Conclusion

The Law of the Sea establishes a balance between the rights and obligations of coastal and land-locked states, ensuring the fair use and conservation of marine resources. It is vital for regulating maritime activities and resolving disputes, particularly for a nation like the Philippines, which is heavily reliant on its maritime domain for resources, security, and transportation. The Law of the Sea is thus a cornerstone of international cooperation and environmental stewardship.