https://sites.tufts.

edu/lawofthesea/chapter-two/
magalona vs ermita

1 Internal waters p124

Internal waters are all waters lands wards from the baseline of the territory.
Sovereignity over these waters is the same in the extent as sovereignty over land.
And it is not subject to the right of innocent passage.

2 territorial waters p120-122

Territorial waters, or a territorial sea is a belt of coastal waters that go at most 12

nautical miles (22 km; 14 mi) from the edge of a coastal state. The territorial sea is
land of the state. Ships are let to sail on it. Ownership also extends to the airspace
over and seabed below.
The term "territorial waters" is also sometimes used to mean any area of water a
state has jurisdiction. This includes internal waters, the contiguous zone,
the exclusive economic zone and potentially the continental shelf.

3 Base Line p120

The low water line along the coast as marked on large scale cahrts officially
recognized by the ncoatal state.

4 Rights of a coastal state over its territorial sea p120-122

The sovereignty of the coastal state over its territorial sea and the airspace above it
as well as the seabed under is the same as its sovereignty over its land territory.
However the sea is subject to the right of innocent passage by other states.

5 define right of innocent passage and passage

Innocent passage is passage that is not prejudicial to the peace, good order or
security of the coastal state. (see art. 19(2) acts not considered Innocent Passage p.
122)

6 contingous zone p127

is an area of water not exceeding 24 nautical miles from the baseline. It this extends
12 nautical miles from the edge of the territorial sea. The coastal state exercises
authority over that area to the extent necessary to prevent infringement of its
customs. Fiscal, immigration or sanitation authority over its territorial waters or
terrtory and to punish such infringement.

7 exclusive economic zone p127

an area extending not more than 200 nautical miles beyon the baseline. Tha coastal
state has rights over the neconomic resources of the nsea, seabed and subsoil. But
the right does not affect the right of navigation and overflight of other state.

8 right of a coastal state over its exclusive economic zone 127

The provisioin on the eez are both a grand of rights and an imposition of obligations
on coastal states

9 can coastal states construct artifical islands, installations and structures in

the EEZ (cite legal basis)

in the United Nations Convention on the Law of the Sea (UNCLOS), as linked in the
question.
Article 60
Artificial islands, installations and structures
in the exclusive economic zone
1. In the exclusive economic zone, the coastal State shall have the
exclusive right to construct and to authorize and regulate the
construction, operation and use of:
(a) artificial islands;
(b) installations and structures for the purposes provided for in article 56
and other economic purposes;
(c) installations and structures which may interfere with the exercise of the
rights of the coastal State in the zone.
 2. The coastal State shall have exclusive jurisdiction over such artificial
islands, installations and structures, including jurisdiction with regard to
customs, fiscal, health, safety and immigration laws and regulations.
3. Due notice must be given of the construction of such artificial islands,
installations or structures, and permanent means for giving warning of
their presence must be maintained. Any installations or structures which
are abandoned or disused shall be removed to ensure safety of navigation,
taking into account any generally accepted international standards
established in this regard by the competent international organization.
Such removal shall also have due regard to fishing, the protection of the
marine environment and the rights and duties of other States. Appropriate
publicity shall be given to the depth, position and dimensions of any
installations or structures not entirely removed.
4. The coastal State may, where necessary, establish reasonable safety
zones around such artificial islands, installations and structures in which
it may take appropriate measures to ensure the safety both of navigation
and of the artificial islands, installations and structures.
5. The breadth of the safety zones shall be determined by the coastal State,
taking into account applicable international standards. Such zones shall
be designed to ensure that they are reasonably related to the nature and
function of the artificial islands, installations or structures, and shall not
exceed a distance of 500 metres around them, measured from each point
of their outer edge, except as authorized by generally accepted
international standards or as recommended by the competent
international organization. Due notice shall be given of the extent of safety
zones.
6. All ships must respect these safety zones and shall comply with
generally accepted international standards regarding navigation in the
vicinity of artificial islands, installations, structures and safety zones.
7. Artificial islands, installations and structures and the safety zones
around them may not be established where interference may be caused to
the use of recognized sea lanes essential to international navigation.
8. Artificial islands, installations and structures do not possess the
status of islands. They have no territorial sea of their own, and their
presence does not affect the delimitation of the territorial sea, the
exclusive economic zone or the continental shelf.
“In the exclusive economic zone, the coastal State shall have the exclusive right to
construct … artificial islands …”

10 Continental Shelf 128

The continental shelf is a natural seaward extension of a land boundary. This

seaward extension is geologically formed as the seabed slopes away from the coast,
typically consisting of a gradual slope (the continental shelf proper), followed by a
steep slope (the continental slope), and then a more gradual slope leading to the
deep seabed floor. These three areas, collectively known as the continental margin,
are rich in natural resources, including oil, natural gas and certain minerals.
The LOSC allows a State to conduct economic activities for a distance of 200
nautical miles from the baseline, or the continental margin where it extends beyond
200 nautical miles. There are two methods to determine the extent of a continental
margin under the LOSC. The first method is by measuring geological features using
what is called the Gardiner formula. By measuring the thickness of sedimentary
rocks, the edge of the shelf is drawn where sedimentary rocks become less than 1
percent of the thickness of the soil. 7 The second method is to use fixed distances in
what is called the Hedberg formula. This method allows States to draw its boundary
60 miles from the foot of the shelf’s slope.8 This expanded continental shelf cannot,
however, exceed (i) 350 miles from the baseline or (ii) 100 miles from the 2,500-
meter isobath.9
To prevent abuse of the continental shelf provisions, the LOSC established the
Commission on the Limits of the Continental Shelf (CLCS). The CLCS uses scientists
to evaluate States’ claims about the extent of their continental shelves and whether
they conform to the Convention’s standards. The CLCS is discussed in more detail
in Chapter Eight: The Arctic and the LOSC.
The economic rights within the continental shelf extend only to non-living resources
and sedentary living resources, such as shellfish. It also allows the coastal State to
build artificial islands, installations, and structures. Other States can harvest non-
sedentary living resources, such as finfish; lay submarine cables and pipelines; and
conduct marine research as if it were international waters (see below).10 As with the
EEZ, continental shelf rights do not grant a State the right to restrict navigation.11

11 Max limit of the continental shelf a coastal state can claim

article 76, paragraphs 4 - 7, of the Convention (see also figure).

4. (a) For the purposes of this Convention, the coastal State shall establish the outer
edge of the continental margin wherever the margin extends beyond 200 nautical
miles from the baselines from which the breadth of the territorial sea is measured,
by either:
(i) a line delineated in accordance with paragraph 7 by reference to
the outermost fixed points at each of which the thickness of
sedimentary rocks is at least 1 per cent of the shortest distance
from such point to the foot of the continental slope; or
(ii) a line delineated in accordance with paragraph 7 by reference
to fixed points not more than 60 nautical miles from the foot of the
continental slope.
(b) In the absence of evidence to the contrary, the foot of the continental
slope shall be determined as the point of maximum change in the
gradient at its base.
5. The fixed points comprising the line of the outer limits of the continental shelf on
the seabed, drawn in accordance with paragraph 4 (a)(i) and (ii), either 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 a line connecting the depth of 2,500 metres.
6. Notwithstanding the provisions of paragraph 5, on submarine ridges, the outer
limit of the continental shelf shall not exceed 350 nautical miles from the baselines
from which the breadth of the territorial sea is measured. This paragraph does not
apply to submarine elevations that are natural components of the continental
margin, such as its plateaux, rises, caps, banks and spurs.
7. The coastal State shall delineate the outer limits of its continental shelf, where
that shelf extends beyond 200 nautical miles from the baselines from which the
breadth of the territorial sea is measured, by straight lines not exceeding 60 nautical
miles in length, connecting fixed points, defined by coordinates of latitude and
longitude.

12 high seas 129

The ocean surface and the water column beyond the EEZ are referred to as the high
seas in the LOSC. Seabed beyond a coastal State’s EEZs and Continental Shelf
claims is known under the LOSC as the Area. The LOSC states that the Area is
considered “the common heritage of all mankind”12 and is beyond any national
jurisdiction.
States can conduct activities in the Area so long as they are for peaceful purposes,
such as transit, marine science, and undersea exploration.
Resources are a more complicated matter. Living resources, such as fish, are
available for exploitation by any vessel from any State. Although the LOSC does not
impose any limitations on fishing in the high seas, it encourages regional
cooperation to conserve those resources and ensure their sustainability for future
generations. The U.S. is party to separate conventions and regional fisheries
management organizations that govern international fishing activity.

Non-living resources from the Area, which the LOSC refers to as minerals, are
handled differently from fish, since mineral extraction projects are capital intensive
to build and administer. To maintain such projects without national control, LOSC
created the International Seabed Authority, referred to as the Authority in the LOSC
document. This international body, headquartered in Jamaica, is responsible for
administering these resource projects through a business unit called the Enterprise.
The Enterprise was organized to be governed much like a public-traded corporation
with a Council (functioning as an Executive Committee) and a Secretariat (which
handles day-to-day administration). As an international body, the Authority also
includes an Assembly of representatives from each nation which functions like a
large Board of Directors. Unlike a publicly traded corporation, the Assembly is the
supreme body for setting policy in the Authority. Since the ratification of the LOSC,
there has been limited activity in relation to these provisions.13
13 freedom of the high seas 129
six freedoms
naviations, overflight, fishing, lay submarine cables and pipelines construct
artificail islands and structures and scientific research

14 state the rule on nationality of ships

Ship registration is the process by which a ship is documented and given the
nationality of the country to which the ship has been documented. The nationality
allows a ship to travel internationally as it is proof of ownership of the vessel.[1]
International law requires that every merchant ship be registered in a country,
called its flag state.[2] A ship is subject to the law of its flag state.[1] It is usual to
say that the ship sails under the flag of the country of registration.

Remember:

Jurisdiction over crimes committed on board foreign vessels while in

Philippine waters:
a. If the foreign vessel is a warship, our courts have no jurisdiction as such is an
extension of the country to which it belongs and is not subject to the laws of another
state. (US v. Fowler, 1 Phil. 614)
b. If the foreign vessel is a merchant vessel, there are two rules as to jurisdiction,
namely: (1) French rule is that crimes committed on board are not triable in our
country unless those affect the peace and security of our country, and (2) English
rule is that crimes are triable unless such crimes affect merely the internal
management of the vessel. The English rule is followed in our jurisdiction.

15 what are the duties of the flag state

A ship's flag state exercises regulatory control over the vessel and is required to
inspect it regularly, certify the ship's equipment and crew, and issue safety and
pollution prevention documents.

16 right of hot pursuit and its limitations 130

Art. 111 allows hot pursuit of a foreign vessel where there is good reason to
believe that the ship has violated laws ore regulations of the coastal state. The
pursuit must commence wheen the foreign vessel is within the internatl
waters, archipelagic waters, territorial waters or the contiguous zone of the
pursuing state. It may continue into the high seas if the pursuit has not been
interrupted. If the foreign ship is in the contiguous zone it may be pursued
only for the violations of the rights of the coastal state in the contiiguous
zone.
17 regime of islands

The “regime of islands” as defined by the United Nations Convention of the Law of
the Sea in Article 121 are islands that are naturally formed areas of land,
surrounded by water, which are above water at high tide. Furthermore, this
principle recognizes that each island has its own territorial sea, contiguous zone,
exclusive economic zone (EEZ) and continental shelf. Conversely, water and below-
water areas and rocks that cannot sustain human or economic life of their own, are
exempt from having any EEZ or continental shelf.

18 jurisdictions ITLOS

The jurisdiction of the Tribunal comprises all disputes and all applications
submitted to it in accordance with the Convention. It also includes all matters
specifically provided for in any other agreement which confers jurisdiction on the
Tribunal (Statute, article 21). The Tribunal has jurisdiction to deal with disputes
(contentious jurisdiction) and legal questions (advisory jurisdiction) submitted to it.
Contentious jurisdiction
The Tribunal has jurisdiction over all disputes concerning the interpretation or
application of the Convention, subject to the provisions of article 297 and to
the declarations made in accordance with article 298 of the Convention.
Article 297 and declarations made under article 298 of the Convention do not
prevent parties from agreeing to submit to the Tribunal a dispute otherwise excluded
from the Tribunal's jurisdiction under these provisions (Convention, article 299).
The Tribunal also has jurisdiction over all disputes and all applications submitted to
it pursuant to the provisions of any other agreement conferring jurisdiction on the
Tribunal. A number of multilateral agreements conferring jurisdiction on the
Tribunal have been concluded to date.
Advisory jurisdiction
The Seabed Disputes Chamber is competent to give an advisory opinion on legal
questions arising within the scope of the activities of the Assembly or Council of the
International Seabed Authority (article 191 of the Convention).
The Tribunal may also give an advisory opinion on a legal question if this is provided
for by "an international agreement related to the purposes of the Convention" (Rules
of the Tribunal, article 138).