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 lays down a comprehensive 
regime of law and order in 
the world's oceans and seas 
establishing rules governing 
all uses of the oceans and 
their resources.
It enshrines the notion 
that all problems of ocean 
space are closely 
interrelated and need to 
be addressed as a whole.
10 December 1982 in Montego 
Bay, Jamaica. 
It was negotiated during the 1970’s 
and early 1980’s in response to 
several destabilizing trends in the 
marine time domain, all of which 
remain present in the South China 
Sea (West Philippines Sea) sates to 
that convention. 
On 16 November 1994, 12 months 
after the date of deposit of the 
sixtieth instrument of ratification or 
accession.
1982 United Nation Convention Law Of the Sea 
Statutory Laws e.g. Republic Act 3046 (1961) as amended 
by Republic Act 5446 or the Philippine Baselines Law – 
established Philippine baselines and basepoints; the P.D. No. 
1599 which established the EEZ of the Philippines 
extending to a distance of 200 nm. from the baselines of the 
Philippine archipelago; R.A. 9522 sspecifically defined and 
described the baselines of the Philippine archipelago; and 
the Administrative Order No. 29 in which the maritime 
areas on the western side of the Philippine archipelago are 
hereby named as the West Philippine Sea. These areas 
include the Luzon Sea as well as the waters around, within 
and adjacent to the Kalayaan Island Group and Bajo De 
Masinloc, also known as Scarborough Shoal. 
2002 ASEAN-China Declaration on the Code of Conduct 
of Parties in the South China Sea (DoC)
•Building a Multilateral Framework 
The development of a multilateral, binding 
code of conduct between China and 
ASEAN countries is often cited as a way 
of easing territorial disputes in the South 
China Sea.
International Arbitration 
Bringing territorial disputes to an international 
legal body presents another means of conflict 
mitigation. The International Court of Justice 
and the International Tribunal for the Law of 
the Sea are two forums where claimants can 
file submissions for settlement.
UNCLOS articles 5 and 7 specify that the baselines are 
normally the low water line along the coastal states. 
Article 7 provides a very limited set of circumstances to 
allow coastal states to deviate from the normal rule, 
primarily or fringing islands along the immediate vicinity 
of the coastline such as exist deeply indented coastal 
inlets such as the fjords of Norway, or fringing islands 
along the immediate vicinity of the coastline such as exist 
along the southwestern coast of the Korean peninsula. 
Article 47 allows states comprised entirely of islands with 
no mainland territory known as archipelagic states to 
draw baselines around the outermost edge of their islands 
and to claim a special status for and to exercise a higher 
degree of authority over the enclosed waters.
A key point about the regime of baselines is 
that they are to be drawn based on exclusively 
on the state’s coastal geography. This 
geographic regime was established to ensure 
order to the process of establishing maritime 
claims by expressing them from a uniform set 
of open and undeniable features.
1. It reaffirms the parties’ 
commitment to international law , 
including UNCLOS; 
2. It commits the parties to explore 
ways to build trust and confidence 
among them, based on equality and 
mutual respect;
4. It commits the parties to respect 
the freedom of navigation and 
overflight in south china sea. 
5. It commits the parties to resolve 
territorial and jurisdictional disputes 
without the threat or use of force; 
6. And it commits the parties to 
refrain from inhabiting presently 
inhabited islands.
PART IV - ARCHIPELAGIC STATES 
Article47 
Archipelagic baselines 
1. An archipelagic State may draw 
straight archipelagic baselines joining 
the outermost points of the 
outermost islands and drying reefs of 
the archipelago provided that within 
such baselines are included the main 
islands and an area in which the ratio 
of the area of the water to the area 
of the land, including atolls, is 
between 1 to 1 and 9 to 1.
2. The length of such baselines shall not 
exceed 100 nautical miles, except that 
up to 3 per cent of the total number of 
baselines enclosing any archipelago may 
exceed that length, up to a maximum 
length of 125 nautical miles. 
3. The drawing of such baselines shall not 
depart to any appreciable extent from 
the general configuration of the 
archipelago.
4. Such baselines shall not be drawn to 
and from low-tide elevations, unless 
lighthouses or similar installations which 
are permanently above sea level have 
been built on them or where a low-tide 
elevation is situated wholly or partly at 
a distance not exceeding the breadth of 
the territorial sea from the nearest 
island.
5. The system of such baselines shall not 
be applied by an archipelagic State in 
such a manner as to cut off from the 
high seas or the exclusive economic zone 
the territorial sea of another State. 
6. . If a part of the archipelagic waters of 
an archipelagic State lies between two 
parts of an immediately adjacent 
neighbouring State, existing rights and all 
other legitimate interests which the 
latter State has traditionally exercised in 
such waters and all rights stipulated by 
agreement between those States shall 
continue and be respected.
7. For the purpose of computing the ratio of 
water to land under paragraph l, land areas 
may include waters lying within the fringing 
reefs of islands and atolls, including that part 
of a steep-sided oceanic plateau which is 
enclosed or nearly enclosed by a chain of 
limestone islands and drying reefs lying on 
the perimeter of the plateau.
Territorial dispute on south china
Territorial dispute on south china

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Territorial dispute on south china

  • 1.
  • 2.
  • 3.  lays down a comprehensive regime of law and order in the world's oceans and seas establishing rules governing all uses of the oceans and their resources.
  • 4. It enshrines the notion that all problems of ocean space are closely interrelated and need to be addressed as a whole.
  • 5.
  • 6. 10 December 1982 in Montego Bay, Jamaica. It was negotiated during the 1970’s and early 1980’s in response to several destabilizing trends in the marine time domain, all of which remain present in the South China Sea (West Philippines Sea) sates to that convention. On 16 November 1994, 12 months after the date of deposit of the sixtieth instrument of ratification or accession.
  • 7.
  • 8.
  • 9.
  • 10. 1982 United Nation Convention Law Of the Sea Statutory Laws e.g. Republic Act 3046 (1961) as amended by Republic Act 5446 or the Philippine Baselines Law – established Philippine baselines and basepoints; the P.D. No. 1599 which established the EEZ of the Philippines extending to a distance of 200 nm. from the baselines of the Philippine archipelago; R.A. 9522 sspecifically defined and described the baselines of the Philippine archipelago; and the Administrative Order No. 29 in which the maritime areas on the western side of the Philippine archipelago are hereby named as the West Philippine Sea. These areas include the Luzon Sea as well as the waters around, within and adjacent to the Kalayaan Island Group and Bajo De Masinloc, also known as Scarborough Shoal. 2002 ASEAN-China Declaration on the Code of Conduct of Parties in the South China Sea (DoC)
  • 11.
  • 12. •Building a Multilateral Framework The development of a multilateral, binding code of conduct between China and ASEAN countries is often cited as a way of easing territorial disputes in the South China Sea.
  • 13. International Arbitration Bringing territorial disputes to an international legal body presents another means of conflict mitigation. The International Court of Justice and the International Tribunal for the Law of the Sea are two forums where claimants can file submissions for settlement.
  • 14.
  • 15. UNCLOS articles 5 and 7 specify that the baselines are normally the low water line along the coastal states. Article 7 provides a very limited set of circumstances to allow coastal states to deviate from the normal rule, primarily or fringing islands along the immediate vicinity of the coastline such as exist deeply indented coastal inlets such as the fjords of Norway, or fringing islands along the immediate vicinity of the coastline such as exist along the southwestern coast of the Korean peninsula. Article 47 allows states comprised entirely of islands with no mainland territory known as archipelagic states to draw baselines around the outermost edge of their islands and to claim a special status for and to exercise a higher degree of authority over the enclosed waters.
  • 16. A key point about the regime of baselines is that they are to be drawn based on exclusively on the state’s coastal geography. This geographic regime was established to ensure order to the process of establishing maritime claims by expressing them from a uniform set of open and undeniable features.
  • 17. 1. It reaffirms the parties’ commitment to international law , including UNCLOS; 2. It commits the parties to explore ways to build trust and confidence among them, based on equality and mutual respect;
  • 18. 4. It commits the parties to respect the freedom of navigation and overflight in south china sea. 5. It commits the parties to resolve territorial and jurisdictional disputes without the threat or use of force; 6. And it commits the parties to refrain from inhabiting presently inhabited islands.
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  • 23. PART IV - ARCHIPELAGIC STATES Article47 Archipelagic baselines 1. An archipelagic State may draw straight archipelagic baselines joining the outermost points of the outermost islands and drying reefs of the archipelago provided that within such baselines are included the main islands and an area in which the ratio of the area of the water to the area of the land, including atolls, is between 1 to 1 and 9 to 1.
  • 24. 2. The length of such baselines shall not exceed 100 nautical miles, except that up to 3 per cent of the total number of baselines enclosing any archipelago may exceed that length, up to a maximum length of 125 nautical miles. 3. The drawing of such baselines shall not depart to any appreciable extent from the general configuration of the archipelago.
  • 25. 4. Such baselines shall not be drawn to and from low-tide elevations, unless lighthouses or similar installations which are permanently above sea level have been built on them or where a low-tide elevation is situated wholly or partly at a distance not exceeding the breadth of the territorial sea from the nearest island.
  • 26. 5. The system of such baselines shall not be applied by an archipelagic State in such a manner as to cut off from the high seas or the exclusive economic zone the territorial sea of another State. 6. . If a part of the archipelagic waters of an archipelagic State lies between two parts of an immediately adjacent neighbouring State, existing rights and all other legitimate interests which the latter State has traditionally exercised in such waters and all rights stipulated by agreement between those States shall continue and be respected.
  • 27. 7. For the purpose of computing the ratio of water to land under paragraph l, land areas may include waters lying within the fringing reefs of islands and atolls, including that part of a steep-sided oceanic plateau which is enclosed or nearly enclosed by a chain of limestone islands and drying reefs lying on the perimeter of the plateau.