Law of International

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39. • The exclusive economic zone is an
area beyond and adjacent to the
territorial sea, subject to the specific
legal regime established in this Part,
under which the rights and
jurisdiction of the coastal State and
the rights and freedoms of other
States are governed by the relevant
provisions of Law of the Sea.
SPECIFIC LEGAL REGIME OF
THE EXCLUSIVE ECONOMIC
ZONE (Art. 55, UNCLOS)

40. • The exclusive economic zone shall
not extend beyond 200 nautical
miles from the baselines from
which the breadth of the territorial
sea is measured.
BREADTH OF THE EXCLUSIVE
ECONOMIC ZONE
(Art. 57, UNCLOS)

42. RIGHTS, JURISDICTION
AND DUTIES OF THE COASTAL
STATE IN THE EXCLUSIVE
ECONOMIC ZONE
(Art. 56, UNCLOS)

43. 1. In the exclusive economic zone, the
coastal State has:
(a) sovereign rights for the purpose of
exploring and exploiting, conserving
and managing the natural resources,
whether living or non-living, of the
waters superjacent to the seabed and
of the seabed and its subsoil, and with
regard to other activities for the
economic exploitation and exploration
of the zone, such as the production of
energy from the water, currents and
winds;

44. (b) jurisdiction with regard to:
(i) the establishment and use of
artificial islands, installations and
structures
(ii) marine scientific research;
(iii) the protection and
preservation of the marine
environment;
(c) other rights and duties provided
for in this Convention

45. RIGHTS AND DUTIES OF OTHER
STATES IN THE EXCLUSIVE
ECONOMIC ZONE
(Art. 58, UNCLOS)

46. In the exclusive economic zone, all
States, whether coastal or land-locked,
enjoy:
1. Freedoms referred to in Article 87 of
navigation and overflight
2. Laying of submarine cables and
pipelines, and
3. Other internationally lawful uses of the
sea related to these freedoms, such as
those associated with the operation of
ships, aircraft and submarine cables
and pipelines and others.

47. BASIS FOR THE RESOLUTION OF
CONFLICTS REGARDING THE
ATTRIBUTION OF RIGHTS AND
JURISDICTION IN THE
EXCLUSIVE ECONOMIC ZONE
(ARTICLE 59)

48. • The conflict should be resolved
on the basis of equity and in the
light of all the relevant
circumstances, taking into
account the respective
importance of the interests
involved to the parties as well as
to the international community
as a whole.

49. DELIMITATION OF THE
EXCLUSIVE ECONOMIC ZONE
BETWEEN STATES WITH
OPPOSITE OR ADJACENT
COASTS (ARTICLE 74 )

50. 1. The delimitation of the exclusive
economic zone between States
with opposite or adjacent coasts
shall be effected by agreement on
the basis of international law, as
referred to in Article 38 of the
Statute of the International Court
of Justice, in order to achieve an
equitable solution.

51. 2. Pending agreement, the States
concerned, in a spirit of
understanding and cooperation,
shall make every effort to enter
into provisional arrangements of a
practical nature and, during this
transitional period, not to
jeopardize or hamper the reaching
of the final agreement. Such
arrangements shall be without
prejudice to the final delimitation.

52. 3. If no agreement can be reached
within a reasonable period of
time, the States concerned shall
resort to the procedures provided
for in Part XV (Settlement of
Disputes) of UNCLOS.

53. 4. Where there is an agreement in
force between the States
concerned, questions relating to
the delimitation of the exclusive
economic zone shall be determined
in accordance with the provisions
of that agreement.

54. What are land-locked States?
• States that do not have territory
connected to an ocean or whose
coastlines lie on endorheic basins.

56. RIGHT OF LAND-LOCKED
STATES (ARTICLE 69,
UNCLOS)

57. Land-locked States shall have the
right to participate, on an equitable
basis, in the exploitation of an
appropriate part of the surplus of
the living resources of the exclusive
economic zones of coastal States of
the same sub-region or region,
taking into account the relevant
economic and geographical
circumstances of all the States
concerned.

58. The terms and modalities of such
participation shall be established
by the States concerned through
bilateral, sub-regional or regional
agreements taking into account,
inter alia:
(a) the need to avoid effects
detrimental to fishing communities
or fishing industries of the coastal
State

59. (b) the extent to which the land-locked
State is participating or is entitled
to participate under existing
bilateral, subregional or regional
agreements in the exploitation of
living resources of the exclusive
economic zones of other coastal
States;

60. (c) the extent to which other land-
locked States and geographically
disadvantaged States are
participating in the exploitation of
the living resources of the exclusive
economic zone of the coastal State
and the consequent need to avoid a
particular burden for any single
coastal State or a part of it;
(d) the nutritional needs of the
populations of the respective
States.

61. What are geographically
disadvantaged States?

62. • “Geographically disadvantaged
States“ means coastal States,
including States boardering enclosed
or semi-enclosed seas, whose
geographical situation makes them
dependent upon the exploitation of
the living resources of the exclusive
economic zones of other States in
the subregion or region for adequate
supplies of fish for the nutritional
purposes of their populations or
parts thereof, and coastal States
which can claim no exclusive
economic zones of their own.

63. RIGHT OF GEOGRAPHICALLY
DISADVANTAGED STATES
(ARTICLE 70 )

64. • Geographically disadvantaged
States shall have the right to
participate, on an equitable basis,
in the exploitation of an
appropriate part of the surplus of
the living resources of the exclusive
economic zones of coastal States of
the same subregion or region,
taking into account the relevant
economic and geographical
circumstances of all the States
concerned

66. • Continental shelf is the submarine
prolongation of a coastal state’s
landmass to the outer edge of the
continental margin. It falls under
the coastal state’s jurisdiction.
Definition of Continental Shelf

68. TWO ALTERNATIVE REGIMES
FOR CONTINENTAL SHELVES
(ART. 76)

69. 1. Geological continental shelf,
which comprise the seabed and
the 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
continental margin.

70. 2. Legal/juridical continental
shelf, which comprise the seabed
and the 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
continental margin but not to
exceed 200 nautical miles from the
baselines.

71. • The continental margin comprises
the submerged prolongation of the
land mass of the coastal State, and
consists of the seabed and subsoil
of the shelf, the slope and the rise.
It does not include the deep ocean
floor with its oceanic ridges or the
subsoil thereof. (Art. 76, UNCLOS)
What is the continental margin?

73. What is the extended continental
shelf?

74. • The extended continental shelf is the
proportion of the continental shelf
beyond 200 nautical miles from the
baselines form which the breadth of the
territorial sea is measured. However,
the outer limits of the extended
continental shelf on the seabed shall not
exceed 350 nautical miles from the
baselines from which the breadth of the
territorial sea is measured or shall not
exceed 100 nautical miles from the
2,500 metre isobath, which is line
connecting the depth of 2,500 metre.
(Article 76 par. 4&5)

76. RIGHTS OF THE COASTAL
STATE OVER THE
CONTINENTAL SHELF
(ARTICLE 77 )

77. 1. The coastal State exercises over
the continental shelf sovereign
rights for the purpose of exploring
it and exploiting its natural
resources.
The rights referred to in paragraph
1 are exclusive in the sense that if
the coastal State does not explore
the continental shelf or exploit its
natural resources, no one may
undertake these activities without
the express consent of the coastal
State

78. 3. The rights of the coastal State
over the continental shelf do not
depend on occupation, effective or
notional, or on any express
proclamation.

79. 4. The natural resources referred
consist of the mineral and other
non-living resources of the seabed
and subsoil together with living
organisms belonging to sedentary
species, that is to say, organisms
which, at the harvestable stage,
either are immobile on or under the
seabed or are unable to move except
in constant physical contact with
the seabed or the subsoil.

80. However, the rights of the coastal
State over the continental shelf do
not affect the legal status of the
superjacent waters or of the air
space above those waters. The
exercise of the rights of the coastal
State over the continental shelf
must not infringe or result in any
unjustifiable interference with
navigation and other rights and
freedoms of other States as provided
for in this Convention. (Art. 78)

81. THE DEEP SEABED
Prepared by: Shane Hillary J. See

82. What is the Deep Seabed?
The Deep Seabed is the part of the seabed
that is beyond national jurisdiction and is
referred to as “the Area” in the UN
Convention on the Law of the Sea (LOSC).

83. The deep seabed beyond national jurisdiction (the
Area) comprises almost three-quarters of the
entire surface area of the oceans, and it is home
to an array of prized commodities including
valuable metals and rare earth elements. These
resources constitute the common heritage of
mankind.

84. What is the international seabed area?
The international seabed area - the part
which is under ISA jurisdiction - is the
seabed and ocean floor and the subsoil
thereof, beyond the limits of national
jurisdiction. The international seabed area
represents around 50 per cent of the total
area of the world's oceans.

85. The International Seabed Authority
● Established in 1994.
● Made up of 167 Member States, and the
European Union.
● Mandated under the UN Convention on the Law
of the Sea.

86. What is the status of the legal regime governing the
exploitation of the mineral resources of the deep
seabed under International Law?
a.) “Common heritage of mankind” view
It declared among others, that:
1. The seabed and ocean floor, and the subsoil thereof,
beyond the limits of national jurisdiction (referred to as
the area) as well as the resources of the area, are the
common heritage of mankind;
2. The area shall not be subject to appropriation by any
means by States of persons, natural or juridical, and no
State shall claim sovereignty or sovereign rights over any
part thereof;

87. 3. The area shall be open to use exclusively for peaceful
purposes by all States, whether coastal or land-locked,
without discrimination;
4. The exploration of the area and the exploitation of its
resources shall be carried out for the benefit of
mankind as a whole.
b.) “Freedom of the high seas” view
c.) “Res Nullius” view

88. Which view is adopted in the 1982 LOS Convention?
● The LOS Convention has adopted the “common
heritage of mankind” view.
● Art. 136 states that, “the Area” and its resources are
the common heritage of mankind”.
● Art. 137 states that; a.) No State shall claim or
exercise sovereignty or sovereign rights over any part
of the Area or its resources, nor shall any State or
natural or juridical person appropriate any part thereof.
No such claim or exercise of sovereignty or sovereign
rights nor such appropriation shall be recognized;

89. b.) All rights in the resources of the Area are vested in
mankind as a whole on whose behalf the authority shall
act. These resources are not subject to alienation; and
c.) No State or natural or juridical person shall claim,
acquire or exercise rights with respect to the minerals
recovered from the Area except in accordance with the
convention. Otherwise, no such claim, acquisition or
exercise of such rights shall be recognized.

90. THE HIGH SEAS

91. The High Seas
● Art. 1 of the 1958 Convention on High Seas, states that;
High seas means all parts of the sea that are not included
in the territorial sea or in the internal waters of any
state.
● Open to all States
● Reserved for peaceful purposes
● Mare liberium principle

92. Freedom of the High Seas
NOLAFS
a.) freedom of navigation;
b.) freedom of overflight;
c.) freedom to lay submarine cables and pipelines;
d.) freedom to construct artificial islands and other
installations permitted under the International Law;
e.) freedom of fishing; and
f.) freedom of scientific research.

93. Duties of all States relative to the High Seas
a.)Duty to render assistance
b.)Prohibition of the transport of slaves
c.)Duty to cooperate in the repression of piracy
d.)Duty to cooperate in the suppression of illicit traffic in
narcotic drugs or psychotropic substances
e.)Duty to cooperate in the suppression of unauthorized
broadcasting from the high seas.

94. Right of Hot Pursuit
● The right of hot pursuit allows the competent
authorities of the coastal State to pursue a foreign ship
in the high seas when they have good reason to believe
that the ship has violated the laws and regulations of
that State.
● The right of hot pursuit ceases as soon as the ship
pursued enters the territorial sea of its own State or of a
third State.

95. UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS)

96. SETTLEMENT OF DISPUTES
 Under Part XV of the 1982 UN Convention on
the Law of the Sea (UNCLOS), states are
required to settle peacefully disputes
concerning the Convention.
 If a bilateral settlement fails, Article 286
requires submission of the dispute for
compulsory settlement in one of the tribunals
having jurisdiction.

97. TRIBUNALS CLOTHED WITH
JURISDICTION
• International Tribunal for the Law of
the Sea (ITLOS)
• International Court of Justice (ICJ)
• Arbitral Tribunal
• Special Arbitral Tribunal

99. INTERNATIONAL TRIBUNAL
FOR THE LAW OF THE SEA (ITLOS)
 An independent judicial body established by the
1982 United Nations Convention on the Law of
the Sea.
 It has jurisdiction over any dispute concerning
the interpretation or application of the
Convention, and over all matters specifically
provided for in any other agreement which
confers jurisdiction on the Tribunal.

100. INTERNATIONAL COURT OF
JUSTICE

101. INTERNATIONAL COURT OF
JUSTICE
 The ICJ was established by the United Nations Charter
as one of the six main organs of the Organization and
its principal judicial organ.
 The Court’s role is to settle, in accordance with
international law, legal disputes submitted to it by
States and to give advisory opinions on legal questions
referred to it by authorized United Nations organs and
specialized agencies

102. ARBITRAL TRIBUNAL
 It is the default means of dispute settlement if a State
has not expressed any preference with respect to the
means of dispute resolution available under Article
287(1) of UNCLOS. Likewise, pursuant to Article 287(5)
of UNCLOS, if the parties have not accepted the same
procedure for the settlement of the dispute, arbitration
under Annex VII is the default means of dispute
settlement.

103. SPECIAL ARBITRAL TRIBUNAL
 Any party to a dispute concerning the interpretation or
application of the articles of this Convention relating to
(1) fisheries, (2) protection and preservation of the marine
environment, (3) marine scientific research, or (4)
navigation, including pollution from vessels and by
dumping, may submit the dispute to the special arbitral
procedure provided for in this Annex by written
notification addressed to the other party or parties to the
dispute.

104. FINALITY AND BINDING FORCE OF
DECISIONS
 1. Any decision rendered by a court or tribunal having
jurisdiction under this section shall be final and shall be
complied with by all the parties to the dispute.
 2. Any such decision shall have no binding force except
between the parties and in respect of that particular
dispute.

105. MARITIME DISPUTE BETWEEN
PHILIPPINES AND CHINA

106. BACKGROUND OF THE CASE
 On 22 January 2013, the Philippines instituted arbitral
proceedings against China in a dispute concerning
their respective “maritime entitlements” and the
legality of Chinese activities in the South China Sea. In
response, by a diplomatic note dated 19 February 2013
addressed to the Philippines, China expressed its
rejection of the arbitration.

107. MARITIME DISPUTE BETWEEN
PHILIPPINES AND CHINA
 In China’s view, the Arbitral Tribunal did not have
jurisdiction in the case because China’s acceptance of
dispute settlement under the UN Convention on the
Law of the Sea (UNCLOS) – the basis put forward by
the Philippines – was limited and excluded sea
boundary delimitations and the determination of
historic titles.

108. MARITIME DISPUTE BETWEEN
PHILIPPINES AND CHINA
 The Philippines' case consists of 15 submissions, all
intended to fall within the tribunal's jurisdiction,
which is interpretation and application of UNCLOS,
and not to touch on sovereignty issues, which are
outside the tribunal's jurisdiction.

109. FOUR BROAD AREAS COVERED
 Legality under UNCLOS of China's ambiguous so-
called nine-dash line claim in the South China Sea;
 The maritime entitlements generated under UNCLOS
by specific geographic features, most of them
controlled by China
 The legality of China's alleged harassment of
Philippines vessels;
 China's alleged violations of an UNCLOS provision
requiring parties to protect the marine environment.

110. KEY RULLINGS OF THE TRIBUNAL
 The so-called “9-dash line” is invalid: “The Tribunal concluded
that there was no legal basis for China to claim historic rights to
resources within the sea areas falling within the ‘9-dash line.'”
 Reclaimed islands have no exclusive economic zone: “The Tribunal
noted that the current presence of official personnel on many of the
features is dependent on outside support and not reflective of the
capacity of the features… (and) ….that none of the Spratly Islands is
capable of generating extended maritime zones.
 China has behaved unlawfully: “China had violated the
Philippines’ sovereign rights in its exclusive economic zone. The
Tribunal further held that Chinese law-enforcement vessels had
unlawfully created a serious risk of collision when they physically
obstructed Philippine vessels.”

111. KEY RULLINGS OF THE TRIBUNAL
 Beijing has damaged the environment: China’s large-
scale land reclamation has “caused severe harm to the
coral reef environment and violated its obligation to
preserve and protect fragile ecosystems.”
 Island building should have stopped during the
dispute process: The panel said it had no jurisdiction
over the military standoff at Second Thomas Shoal,
where Chinese and Philippine military and law
enforcement vessels are locked in confrontation.

112. THE AFTERMATH OF
THE TRIBUNAL’S DECISION
 The tribunal’s ruling is certainly a legal victory for the
Philippines over China as the judges agreed unanimously
on almost all the questions submitted by the Philippines,
including a declaration from the tribunal that China is
obliged to comply with UNCLOS and that the award is
legally binding on China.
 There is no enforcement mechanism as such under
UNCLOS in the event that China fails to comply with the
tribunal’s decision, but the Philippines could either resort
to diplomatic ways or have recourse to further arbitration
under UNCLOS.

114. LAW OF THE SEA
“Ex Proprio Vigore”