1. What is law of the sea?

The law of the sea is a body of customs, treaties, and

international agreements by which governments maintain
order, productivity, and peaceful relations on the sea. The
law of the sea comprises the rules governing the use of the
sea, including its resources and environment. The law of the
sea is one of the principal subjects of international law and is
a mixture of the treaty and established or emerging
customary law. The law of the sea covers rights, freedoms
and obligations in areas such as shipping, territorial seas
and waters and the high seas,  fishing, wrecks and cultural
heritage, protection of the marine environment and dispute
settlement.
Source: Anthony Aust, Handbook of International Law
(Cambridge University Press, 2nd ed 2010)

2. Functions of the Law of the sea?

. The Law of the Sea provides rules for the use of the
oceans by nations regarding topics such as how marine resources
need to be managed and conserved. Most importantly under the
new laws, states with coastlines now have territorial sovereignty
over a breadth of sea up to 12 nautical miles away from their
coast

3. Archipelagic State Different Baseline

Three types of lines in Law Of the Seas Convention (LOSC):

 1st Normal baseline (low-water line) (article 5) Article 5

Normal baseline

Except where otherwise provided in this Convention, the normal baseline for measuring the
breadth of the territorial sea is the low-water line along the coast as marked on large-scale charts
officially recognized by the coastal State.

2nd Straight baselines (article 7) Article7

Straight baselines

1. In localities where the coastline is deeply indented and cut into, or if there is a fringe of islands
along the coast in its immediate vicinity, the method of straight baselines joining appropriate
points may be employed in drawing the baseline from which the breadth of the territorial sea is
measured.

2. Where because of the presence of a delta and other natural conditions the coastline is highly
unstable, the appropriate points may be selected along the furthest seaward extent of the low-
water line and, notwithstanding subsequent regression of the low-water line, the straight
baselines shall remain effective until changed by the coastal State in accordance with this
Convention.

3. The drawing of straight baselines must not depart to any appreciable extent from the general
direction of the coast, and the sea areas lying within the lines must be sufficiently closely linked
to the land domain to be subject to the regime of internal waters.

4. Straight 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 except in
instances where the drawing of baselines to and from such elevations has received general
international recognition.

5. Where the method of straight baselines is applicable under paragraph 1, account may be taken,
in determining particular baselines, of economic interests peculiar to the region concerned, the
reality and the importance of which are clearly evidenced by long usage.

6. The system of straight baselines may not be applied by a State in such a manner as to cut off
the territorial sea of another State from the high seas or an exclusive economic zone.

3rd Straight archipelagic baselines (article 47)

Under Article 47.1, 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. In addition, the length of any baseline segment shall not exceed 100 nm
except that up to 3 percent of the total number of baselines may have a length up to 125
nm (Article 47.2). Additional provisions of Article 47 state that such baselines shall not
depart to any appreciable extent from the general configuration of the archipelago; that
such baselines shall not be drawn, with noted exceptions, using low-tide elevations; and
that the system of such baselines shall not be applied in such a manner as to cut off from
the high seas or exclusive economic zone (EEZ) the territorial sea of another State

4th Other straight closing lines Mouths of rivers (article 9)Bays (article 10)Inside
archipelagic waters (article –50)

Article 9

Mouths of rivers

If a river flows directly into the sea, the baseline shall be a straight line across the mouth of the river
between points on the low-water line of its banks.

Article 10

Bays
1. This article relates only to bays the coasts of which belong to a single State.

2. For the purposes of this Convention, a bay is a well-marked indentation whose penetration is in
such proportion to the width of its mouth as to contain land-locked waters and constitute more
than a mere curvature of the coast. An indentation shall not, however, be regarded as a bay unless
its area is as large as, or larger than, that of the semi-circle whose diameter is a line drawn across
the mouth of that indentation.

3. For the purpose of measurement, the area of an indentation is that lying between the low-water
mark around the shore of the indentation and a line joining the low-water mark of its natural
entrance points. Where, because of the presence of islands, an indentation has more than one
mouth, the semi-circle shall be drawn on a line as long as the sum total of the lengths of the lines
across the different mouths. Islands within an indentation shall be included as if they were part of
the water area of the indentation.

4. If the distance between the low-water marks of the natural entrance points of a bay does not
exceed 24 nautical miles, a closing line may be drawn between these two low-water marks, and the
waters enclosed thereby shall be considered as internal waters.

5. Where the distance between the low-water marks of the natural entrance points of a bay exceeds
24 nautical miles, a straight baseline of 24 nautical miles shall be drawn within the bay in such a
 manner as to enclose the maximum area of water that is possible with a line of that length.

6. The foregoing provisions do not apply to so-called "historic" bays, or in any case where the system
of straight baselines provided for in article 7 is applied.

Article 11
Ports
For the purpose of delimiting the territorial sea, the outermost permanent harbour works
which form an integral part of the harbour system are regarded as forming part of the
coast. Off-shore installations and artificial islands shall not be considered as permanent
harbour works.

Article 50

Delimitation of internal waters

Within its archipelagic waters, the archipelagic State may draw closing lines for the delimitation of
internal waters, in accordance with articles 9, 10 and 11.

4. Continental shelf-
Set out in article 76 of the Convention. In addition, the Third United
Nations Conference on the Law of the Sea The term "continental shelf" is used
by geologists generally to mean that part of the continental margin which is
between the shoreline and the shelf break or, where there is no noticeable slope,
between the shoreline and the point where the depth of the superjacent water is
approximately between 100 and 200 metres. However, this term is used in article
76 as a juridical term. According to the Convention, the continental shelf of a
 coastal State comprises the submerged prolongation of the land territory of the
coastal State - the seabed and subsoil of the submarine areas that extend
beyond its territorial sea to the outer edge of the continental margin, or to a
distance of 200 nautical miles where the outer edge of the continental margin
does not extend up to that distance. The continental margin 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 .

According to article 76, the coastal State may establish the outer limits of
its juridical continental shelf wherever the continental margin extends beyond 200
nautical miles by establishing the foot of the continental slope, by meeting the
requirements  of article 76, paragraphs 4 - 7, of the Convention

5. Continental Margin –

The continental margin is one of the three major zones of the ocean floor, the other
two being deep-ocean basins and mid-ocean ridges. The continental margin is the shallow
water area found in proximity to continents. The continental margin consists of three
different features: the continental rise, the continental slope, and the continental shelf.
Continental margins constitute about 28% of the oceanic area. The Continental margin,
the submarine edge of the continental crust distinguished by relatively light and
isostatically high-floating material in comparison with the adjacent oceanic crust. It is the
name for the collective area that encompasses the continental shelf, continental slope,
and continental rise. They are the drowned edges of continents. Covered by the oceans,
continental margins are part of the same crust (thin, solid outermost layer of Earth) that
forms the continents. They are covered in sediments that have been eroded from dry land.
The continental margin is the submerged outer edge of a continent. It is generally divided
into two sections: the continental shelf and the continental slope.
6. Extended Continental Shelf –

Under the United Nations Convention on the Law of the Sea (UNCLOS) the
continental shelf is that part of the seabed over which a coastal State exercises sovereign
rights with regard to the exploration and exploitation of natural resources including oil
and gas deposits as well as other minerals and biological resources of the seabed. The
legal continental shelf extends out to a distance of 200 nautical miles from its coast, or
further if the shelf naturally extends beyond that limit.

Where the continental shelf extends beyond 200 nautical miles a State is required
by UNCLOS (Article 76) to make a submission to the Commission on the Limits of the
Continental Shelf (CLCS). This submission sets out the coordinates of the outer limits of
the shelf and is accompanied by technical and scientific data to support the claim. The
Commission assesses the limits and data submitted by the coastal State and makes
recommendations.The outer limits of the continental shelf established by a coastal State
based on these recommendations are final and binding.

7. What is baseline?
a. A baseline, as defined by the United Nations Convention on the Law of the Sea, is the
line along the coast from which the seaward limits of a state's territorial sea and certain
other maritime zones of jurisdiction are measured, such as a state's exclusive economic
zone.
Baselines serve as basis for a country's maritime jurisdiction and a means to establish
maritime boundaries with neighboring coastal States. On 10 March 2009, the President of
the Philippines signed into law Republic Act 9522. This was immediately protested by China
and Vietnam.
 8. Right of Innocent Passage-
The right of innocent passage is the main restriction imposed by
international law over any coastal State wishing to exercise sovereignty over its
territorial sea. Article19

Meaning of innocent passage

a) Passage is innocent so long as it is not prejudicial to the peace, good order or security of the
coastal State. Such passage shall take place in conformity with this Convention and with other
rules of international law.

b) Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or
security of the coastal State if in the territorial sea it engages in any of the following activities:

(a.a) any threat or use of force against the sovereignty, territorial integrity
or political independence of the coastal State, or in any other manner in
violation of the principles of international law embodied in the Charter of
the United Nations;

(b.b) any exercise or practice with weapons of any kind;

(c.c) any act aimed at collecting information to the prejudice of the

defence or security of the coastal State;

(d.d) any act of propaganda aimed at affecting the defence or security of

the coastal State;

(e.e) the launching, landing or taking on board of any aircraft;

(f.f) the launching, landing or taking on board of any military device;

(g.g) the loading or unloading of any commodity, currency or person

contrary to the customs, fiscal, immigration or sanitary laws and
regulations of the coastal State;

(h.h) any act of wilful and serious pollution contrary to this Convention;

(i.i) any fishing activities;

(j.j) the carrying out of research or survey activities;

(k.k) any act aimed at interfering with any systems of communication or

any other facilities or installations of the coastal State;
 (l.l) any other activity not having a direct bearing on passage.

9. Is there right of innocent passage in archipelagic state ?

Subject to article 53 and without prejudice to article 50, ships of all States enjoy the right of
innocent passage through archipelagic waters, in accordance with Part II, section 3. ... The
right of innocent passage also applies to archipelagic waters, but it can be subject to temporary
published suspensions for the protection of coastal State.

All ships and aircraft enjoy the right of archipelagic sea lanes passage in such sea lanes
and air routes.

The right of innocent passage for foreign vessels within the territorial sea of a coastal
State is defined as “navigation through the territorial sea for the purpose of (a) traversing that sea
without entering internal waters or calling at a roadstead or port facility outside internal waters;
or (b) proceeding to or from internal waters or a call at such roadstead or port facility.” Passage
must be “continuous and expeditious,” but it may include stopping and anchoring when
incidental to ordinary navigation or rendered necessary by unusual circumstances.5

Article 19 of the LOSC declares that passage is “innocent” so long as it is not prejudicial to
the peace, good order, or security of the coastal State and further outlines a list of 12 activities
that are considered “prejudicial.” This list effectively precludes a range of military operations,
including practicing or exercising weapons; collecting information to the prejudice of the coastal
State; launching, landing or taking on board any aircraft or military device; and jamming coastal
State communications. Submarines and underwater vehicles conducting innocent passage must
navigate on the surface and show their flag.6 It is important to note that the right of innocent
passage only applies to foreign vessels.

10. Doctrine of Regime of islands –

The “regime of islands” principle forces claimant states to maintain peace in the
area, because no one country can claim exclusive ownership of any of these islands.

The Unclos, Article 121, defines an island as a naturally formed area of land,
surrounded by water, which is above water at high tide. Under the "regime of islands,"
each island has its own territorial sea, contiguous zone, EEZ, and continental shelf.
REGIME OF ISLANDS

 
Article121

Regime of islands
 1.   An island is a naturally formed area of land, surrounded by water, which is above
water at high tide.

2.   Except as provided for in paragraph 3, the territorial sea, the contiguous zone, the
exclusive economic zone and the continental shelf of an island are determined in
accordance with the provisions of this Convention applicable to other land territory.

3.   Rocks which cannot sustain human habitation or economic life of their own shall
have no exclusive economic zone or continental shelf.

11. What is internal waters –

Lakes and rivers are considered internal waters. All "archipelagic waters" within the
outermost islands of an archipelagic state such as Indonesia or the Philippines are also
considered internal waters, and are treated the same with the exception that innocent passage
through them must be allowed.
Internal Waters - Internal waters are all the waters that fall landward of the baseline,
such as lakes, rivers, and tidewaters. States have the same sovereign jurisdiction over internal
waters as they do over other territory. There is no right of innocent passage through internal
waters.
According to the United Nations Convention on the Law of the Sea, a nation's internal
waters include waters on the side of the baseline of a nation's territorial waters that is facing
toward the land, except in archipelagic states.

12. Methods to determine territorial sea

( Normal Method) Breadth of the territorial sea

Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding
12 nautical miles, measured from baselines determined in accordance with this Convention.

Article4

Outer limit of the territorial sea

The outer limit of the territorial sea is the line every point of which is at a distance from the
nearest point of the baseline equal to the breadth of the territorial sea.

Article5

Normal baseline
Except where otherwise provided in this Convention, the normal baseline for measuring the
breadth of the territorial sea is the low-water line along the coast as marked on large-scale charts
officially recognized by the coastal State.

(Straight Line Method ) Article7

Straight baselines

a. In localities where the coastline is deeply indented and cut into, or if there is a fringe of islands
along the coast in its immediate vicinity, the method of straight baselines joining appropriate
points may be employed in drawing the baseline from which the breadth of the territorial sea is
measured.

b. Where because of the presence of a delta and other natural conditions the coastline is highly
unstable, the appropriate points may be selected along the furthest seaward extent of the low-
water line and, notwithstanding subsequent regression of the low-water line, the straight
baselines shall remain effective until changed by the coastal State in accordance with this
Convention.

c. The drawing of straight baselines must not depart to any appreciable extent from the general
direction of the coast, and the sea areas lying within the lines must be sufficiently closely linked
to the land domain to be subject to the regime of internal waters.

d. Straight 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 except in
instances where the drawing of baselines to and from such elevations has received general
international recognition.

e. Where the method of straight baselines is applicable under paragraph 1, account may be taken,
in determining particular baselines, of economic interests peculiar to the region concerned, the
reality and the importance of which are clearly evidenced by long usage.

f. The system of straight baselines may not be applied by a State in such a manner as to cut off
the territorial sea of another State from the high seas or an exclusive economic zone.

13. Maritime Zone-

Are areas of ocean or sea which are or will be subject to national or international authority. They are
delimited as parts of the seabed, water column and sea surface, the subdivision being on the grounds of
political jurisdiction relating to the use and ownership of marine resources. They are:

 Territorial sea. Sidebar. ...

  Contiguous zone.
 Exclusive economic zone.
 Continental shelf.
 High Sea. marineinsight. ...
 Territorial sea. ...
 Contiguous Zone: ...
 Exclusive economic zone.

It defines the limits of territorial seas of countries from which they can explore and
exploit marine resources.

14 . Archipelagic Territory –
Simply stated, the archipelagic state doctrine holds that all waters contained within the
baselines drawn around the outer islands of a state which is entirely formed by one or more
archipelagoes are the internal waters of that state and subject to its sovereignty.
What is the archipelagic concept or principle of territoriality?
The Archipelagic Doctrine as enshrined in Article 1 of the 1987 Constitution provides
that an Archipelago shall be regarded as a single unit, so that the waters around, between, and
connecting the islands of the archipelago, irrespective of their breadth and dimensions, form
part of the internal waters of the state.

An archipelago shall be regarded as a single unit, so that the waters around, between,
and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form
part of the internal waters of the state, and are subject to its exclusive sovereignty.

15. Breath of Territorial Sea –

Article3

Breadth of the territorial sea

Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding
12 nautical miles, measured from baselines determined in accordance with this Convention.
16. Contiguous Zone -

The contiguous zone is a band of water extending farther from the outer edge of the territorial
sea to up to 24 nautical miles (44.4 km; 27.6 mi) from the baseline, within which a state can exert
limited control for the purpose of preventing or punishing "infringement of its customs, fiscal,
immigration or sanitary laws.
17. Exclusive Exonomic Zone-

An Exclusive Economic Zone (EEZ) is a concept adopted at the Third United Nations Conference
on the Law of the Sea (1982), whereby a coastal State assumes jurisdiction over the exploration and
exploitation of marine resources in its adjacent section of the continental shelf, taken to be a band
extending 200 miles from the shore.

18. What are the rights ro be protected under EEZ?

Exclusive Economic Zone (EEZ)
Within this zone, the coastal State may exercise sovereign rights over exploration,
exploitation, conservation, and management of natural resources and other economic activities,
such as the production of wind or tidal power. Exclusive sovereign rights function "like usufruct,
a right to use and enjoy property, Sovereign rights allow the Philippines to exclusively fish and
enjoy marine resources, such as oil and natural gas, in its 200-nautical mile EEZ in the West
Philippine Sea. 

19. Distinguish rights over EEZ and Contiguous Zone

The difference between the territorial sea and the exclusive economic zone is that the
first confers full sovereignty over the waters, whereas the second is merely a "sovereign right"
which refers to the coastal state's rights below the surface of the sea .The UNCLOS provides that
coastal States have sovereign rights to a Contiguous Zone (CZ), a Continental Shelf (CS), and an
EEZ, to be measured from the baseline of its territory. Sovereign rights pertain to a state’s
exclusive rights, to the exclusion of other states, to the economic use and conservation of marine
resources.

The Contiguous Zone covers that part of the sea extending for 12 nautical miles from the
limits of the Territorial Sea (TS), or 24 nautical miles from the baseline. Within this zone, a state
may exercise certain protective jurisdiction, such as customs enforcement, fiscal, immigration
and sanitary rules.

Meanwhile, the EEZ is an area adjacent to the Territorial Sea covering up to 200 nautical
miles from the same baselines from which the territorial sea is also measured. Within the EEZ, a
state has exclusive rights to explore, exploit, conserve and manage natural resources, as well as
build artificial islands, carry out environmental protection and conduct marine scientific
research.

20. Summary of all the rights on Maritime Territory -

SIXTEENTH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) AN ACT TO
DEFINE THE MARITIME ZONES OF THE REPUBLIC OF THE PHILIPPINES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
SECTION 1. Short Title.-This Act shall be known as the "Philippine Maritime Zones 2 Act."
SEC. 2. Maritime Zones.-The maritime zones of the Philippines are comprised of the 5
Internal, Waters, Archipelagic Waters, Territorial Sea, Contiguous Zone, Exclusive Economic 6
Zone (EEZ) and Continental Shelf. All territories of the Philippines generate their respective 7
maritime zones in accordance with international law.
SEC. 3. Internal Waters.-The Internal Waters of the Philippines refer to the: 10 (a) waters on
the landward side of the archipelagic baselines not fonning part of Archipelagic Waters under
Section 4 hereof and delimited in accordance with Article 50 of the 1982 United Nations
Convention on the Law of the Sea (UNCLOS); and/or (b) waters on the landward side of the
baseline of the territorial sea of territories outside of the archipelagic baselines.
The Philippines exercises sovereignty over its Internal Waters and the airspace over it as well as
its seabed and subsoil in accordance with the 1982 United Nations Convention on the Law of
the Sea (UNCLOS) and other existing laws and treaties.
SEC. 4. Archipelagic Waters.-The Archipelagic Waters of the Philippines refer to the 2 waters
on the landward side of the archipelagic baselines except as provided for under Section 3 hereof.
Within the archipelagic waters, closing lines
for the delimitation of internal water shall be drawn pursuant to Article 50 ofUNCLOS and other
existing laws treaties.

SEC. 5. Territorial Sea.-The Territorial Sea of the Philippines shall be the belt of sea 8
measured twelve (12) nautical miles from the baselines or from the low-water line, as the case
maybe. The Philippines exercises sovereignty over its territorial sea and the airspace over it, as II
well as its seabed and subsoil, in accordance with UNCLOS and other existing laws and treaties.

SEC. 6. Contiguous Zone.-The Contiguous Zone of the Philippines refers to the waters beyond
and adjacent to the territorial sea and up to the extent of twenty-four (24) nautical miles from the
baselines or from the low-water line, as the case may be. The Philippines exercises sovereign
rights over this zone in accordance with UNCLOS and other existing laws and treaties.

SEC. 7. Exclusive Economic Zone.-The Exclusive Economic Zone (EEZ) of the Philippines
refers to the waters beyond and adjacent to its territorial sea and up to the extent of two-hundred
(200) nautical miles from the baselines or from the low-water line, as the case may be. The
Philippines exercises sovereign rights over this area including the right to explore and exploit
living and non-living, organic or non-organic resources in accordance with UNCLOS and other
existing laws and treaties.

SEC. 8. Continental Shelf.-The Continental Shelf of the Philippines comprises the seabed and
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, or to a
• distance of two hundred (200) nautical miles from the baselines from which the breadth of the
territorial sea is measured, where the outer edge of the continental margin does not extend up to
that distance. Continental shelves extending beyond two-hundred (200) nautical miles from the
baselines shall be delineated in accordance with Article 76 of UN CLOS. The Philippines
exercises sovereign rights over this area including the right to explore and exploit living and
non-living, organic or non-organic resources in accordance with UNCLOS and other existing
laws and treaties.
SEC. 9. Adherence to Existing Laws.-Other rights of the Philippines not referred to in this Act
shall be exercised in accordance with international law and the laws and regulations of the
Philippines.
SEC. 10. Overlapping Maritime Zones.-If the maritime zones of the Philippines overlap IS with
the maritime zones claimed by other countries, the Philippines may delimit these zones and
endeavor to resolve the overlaps in accordance with means recognized under international law.