SSP3: MIDTERM 01

BASIS OF INTERNATIONAL RELATIONS

LAW OF THE SEA

Western civilization became increasingly dependent upon

the use of the sea for:

• Trade

• Transportation

• Communication

After the Law of the Sea Conference in 1978, most maritime

nations adopted a 12-mile territorial sea zone.

UNCLOS

• The United Nations Convention on the Law of the Sea TYPES OF BASELINES
was adopted in 1982. It lays down a comprehensive
regime of law and order in the world's oceans and seas Normal Baseline
establishing rules governing all uses of the oceans and - the low-water line along the coast as marked on large scale
their resources. charts
• The maritime zones recognized under international law
include the continental shelf, the exclusive economic Straight Baseline
zone (EEZ), the territorial sea, the contiguous zone,
- Certain sea areas lying within these lines sufficiently closely
internal waters, the high seas and the Area.
linked to the land domain to be subject to the regime of
LAW OF THE SEA international waters

A body of international rules that binds states and other Closing lines across the river mouths and bays
subjects of international law in their maritime affairs.
- if a river flows directly into the sea, the baseline shall be a
PRINCIPLES OF THE LAW OF THE SEA: straight line across the line of the river

Principle of Freedom Archipelagic Baseline

- aims to ensure the freedom of the various uses of oceans - group of islands, interconnecting water and other natural
features which are so closely interrelated.
Principle of sovereignty

- seeks to safeguard the interests of coastal states

Two Types of Archipelago:
Principle of common heritage of mankind
Coastal
- seeks to promote the common interest of all people in
present and future generation. A group of island situated so close to a mainland that they
may be considered a part thereof.

Baselines
The line by which the outer limits spaces under the national
jurisdiction of the coastal state.
Outlying
A group of islands situated in the ocean at such distance from
the coasts of firm as to be considered.
 OBLIGATIONS OF AN ARCHIPELAGIC: What is the main issue about West Philippine

• respect the traditional fishing rights
• respect existing marine cables
• if a part of archipelagic waters lies between two parts, state
shall continue to be respected
• provide the right of innocent passage and that of
archipelagic sea lanes passage.
Archipelagic sea lanes passage
– the rights of navigation and overflight in the normal mode
solely for the purpose of continuous, expeditious and
unobstructed transit.
TERRITORIAL SEA
A marine space under the territorial sovereignty of the coastal
state up to a limit of not exceeding twelve (12) nautical miles
measured from the baselines.
The West Philippine Sea disputes arise from the country's
overlapping territorial and maritime jurisdiction claims with
those of other countries.
Philippines-China relations have lately been dominated by
the territorial disputes in the West Philippine Sea, which has
escalated since the naval standoff over the Scarborough Shoal
in April 2012 and aggravated by issues of Chinese illegal
occupation, unlawful establishment of infrastructures, and
incidents of incursions and encroachment within the
Philippines’ exclusive economic zone (EEZ).
Bilateral ties took a downturn when the Philippine
government filed an arbitration case against China under the
United National Convention on the Law of the Sea (UNCLOS)
in January 2013 challenging the legality of China’s nine-dash
line claim over the contested waters.

RIGHT OF INNOCENT PASSAGE

• Right of a foreign merchant ships to pass unhindered through

the sea of a coast.
• Under Articles 17-20 of the UNCLOS III, ships of all states,
coastal or land-locked, including foreign warships, are entitled
to the right of innocent passage.
• Submarines are likewise entitled but they are required to
navigate on the surface and to show their flag.

EXCLUSIVE ECONOMIC ZONE (EEZ)

• An area beyond and adjacent to the territorial sea, not

extend beyond 200 nautical miles from the baseline.
• The coastal state has sovereign rights for the exploring,
conserving, and managing the natural resources.
• The rights of EEZ are exclusive in the sense that no one may
undertake these activities.

CONTINENTAL SHELF

• A coastal state comprises the seabed and subsoil of the

submarine areas
• Rights for the purpose of exploring it and exploiting its
natural resources.

HIGH SEAS

All parts of the sea that are not within an EEZ, the territorial
sea, internal waters or archipelagic waters.
 INTERNATIONAL HUMAN RIGHTS LAW
Human Rights Law
- transcends state boundaries by seeking to define and uphold
those rights to define and uphold those rights held
universally by every person regardless of nationality.
The Universal Declaration of Human Rights or UDHR and
International Convention on Civil and Political Rights ICCPR,
the two covenants comprise the “International Bill of Human
Rights”
• Freedom of peaceful assemble and association
• Take part in the government of his country
• Social security
• Work free choice of employment, protection against
unemployment, and equal pay for equal work
• Rest and leisure
• Standard of living adequate for the health and well-
being
• Education
• Freely participate in the cultural life of the
community, to enjoy the arts and to share scientific

INTERNATIONAL BILL OF HUMAN RIGHTS

International Convention on Civil and Political Rights
UDHR
ICCPR is a multilateral treaty adopted by the United Nations
- issues such as the right to life, freedom of speech, religion General Assembly on December 16, 1966.
and voting.
Under Article 1, all people have the right of self-
ICCPR determination.

- issues about food, education, health and shelters Also, part of the rights is to freely dispose of their natural
wealth and resources without prejudice to any obligations
Universal Declaration of Human Rights
International Convention on Civil and Political Rights
• UDHR was adopted by the United Nations General Assembly
on December 10, 1984 at Palais de Calliot, Paris. • Right to life
• It is not a legally binding treaty but a mere declaration or • Prohibition on genocide
statement of generally accepted principles human rights. • Freedom from torture and other degrading or
• All human is born free and equal in dignity and rights. inhuman treatment
• Freedom of enslavement
• Protection from imprisonment or debt
Article 1-21 of UDHR (Civil and Political Rights): • Freedom from retroactive penal law
• Recognition as a person before the law
• Life, liberty and security • Freedom of thought, conscience, and religion
• Freedom from slavery
• Freedom from torture Convention on Elimination of Discrimination Against Women
• Recognition as a person CEDAW, Article 1 refers to any distinction, exclusion or
• Equal protection of the law restriction made on basis of sex.
• Effective remedy by the competent national
tribunals Migrant Workers Convention
• Freedom from arbitrary arrest, detention or exile
Engaged in a remunerated activity in a state of which he or
• Fair and public hearing by an independent and she is not national.
impartial tribunal
• Presumption of innocence until proven guilty
• Arbitrary interference with his privacy
• Freedom of movement and residence
• Seek and to enjoy in other countries asylum from
persecution
• Nationality
• Marry and to found a family
• Own a property alone as well as in association with
others
• Freedom of thought, conscience, and religion
• Freedom of opinion and expression
Migrant Workers Convention Essential Environmental Principles

• Freedom to leave any state, including their origin Principle of good neighborliness
state.
states have the sovereign right to exploit their own resources
• Not to be subjected to any torture or degrading
pursuant to their own environmental policies and
treatment
responsibility.
• Not to be held in slavery
• Right to freedom of thought Precautionary Approach/Principle
• Right against arbitrary deprivation
when there is a lack of full scientific certainly in establishing a
• Right to liberty and security
casual link between human activity and environmental
• Right to equality with nationals before courts
effect.

Polluter Pays Principle

United Nations on the Convention on the Rights of the Child
to promote the internalization of environmental cost
UNCRC, every human being below the age of 18 years old is a
Essential Environmental Principles
child.

United Nations on the Convention on the Rights of the Child:

Principle of Sustainable Development
• Right to be registered at birth
• Right to acquire nationality development that meets the need of the present without
• Right to know and be cared by his parents compromising the ability of future
• Right not to be separated from his parents against
Environment Impact Assessment Principle
his will
• Freedom of expression proposed activities that are likely to have significant adverse
• Freedom of assembly impact on the environment
• Protection from all forms of physical or mental
violence Principle of Intergenerational Equity
• Right to benefit from social security man bears a solemn responsibility to protect and improve
• Right to a standard of living adequate the environment for present and future generations
• Right to education
• Not to be denied the right to enjoy his own culture
• Right to rest and leisure
• Protection from economic exploitation
• Protection from all forms of sexual exploitation and
abuse

International Environmental Law

Branch of public international law comprising of those

substantive, procedural and institutional rules which have as
their primary objective the protection of environment.