Global Terrorism and its types and prevention ppt.
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.
19.
20.
21.
22.
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.