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N. Law of the sea

1. Baselines

a. R.A. 9522 (BASELINES LAW)

It has been declared as constitutional. (Magallona v. Ermita, En Banc, G.R. No. 187167 16 August 2011)

Baselines laws such as RA 9522 are enacted by UNCLOS III States parties to mark-out specific basepoints along their coasts from which baselines are drawn, either straight or contoured, to serve as geographic starting points to measure the breadth of the maritime zones and continental shelf. (Ibid.)

Baselines laws are nothing but statutory mechanisms for UNCLOS III States parties to delimit with precision the extent of their maritime zones and continental shelves. In turn, this gives notice to the rest of the international community of the scope of the maritime space and submarine areas within which States parties exercise treaty-based rights, namely, the exercise of sovereignty over territorial waters (Article 2), the jurisdiction to enforce customs, fiscal, immigration, and sanitation laws in the contiguous zone (Article 33), and the right to exploit the living and non-living resources in the exclusive economic zone (Article 56) and continental shelf (Article 77). (Ibid.)

The baselines cannot be drawn from the boundaries or other portions of the rectangular area delineated in the Treaty of Paris, but from the “outermost islands and drying reefs of the archipelago.” (Ibid.)

UNCLOS III and its ancillary baselines laws play no role in the acquisition, enlargement or diminution of territory. Under traditional international law typology, States acquire (or conversely, lose) territory through occupation, accretion, cession and prescription, not by executing multilateral treaties on the regulations of sea-use rights or enacting statutes to comply with the treaty’s terms to delimit maritime zones and continental shelves. Territorial claims to land features are outside UNCLOS III, and are instead governed by the rules on general international law. (Ibid.)

2. Archipelagic States

a. Straight archipelagic baselines

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. (Article 47[1], UNCLOS III)

b. Archipelagic waters

Whether referred to as Philippine “internal waters” under Article I of the Constitution or as “archipelagic waters” under UNCLOS III (Article 49 [1]), the Philippines exercises sovereignty over the body of water lying landward of the baselines, including the air space over it and the submarine areas underneath. (Magallona v. Ermita, supra.)

1) Legal status of archipelagic waters, of the air space over archipelagic waters and of their bed and subsoil

1) The sovereignty of an archipelagic State extends to the waters enclosed by the archipelagic baselines drawn in accordance with article 47, described as archipelagic waters, regardless of their depth or distance from the coast. (Article 49[1], UNCLOS)

2) This sovereignty extends to the air space over the archipelagic waters, as well as to their bed and subsoil, and the resources contained therein. (Article 49[2], Ibid.)

3) The regime of archipelagic sea lanes passage established in this Part shall not in other respects affect the status of the archipelagic waters, including the sea lanes, or the exercise by the archipelagic State of its sovereignty over such waters and their air space, bed and subsoil, and the resources contained therein. (Article 49[4], Ibid.)

c. Archipelagic sea lanes passage

1) Right of archipelagic sea lanes passage

1) An archipelagic State may designate sea lanes and air routes thereabove, suitable for the continuous and expeditious passage of foreign ships and aircraft through or over its archipelagic waters and the adjacent territorial sea. (Article 53[1], Ibid.)

2) All ships and aircraft enjoy the right of archipelagic sea lanes passage in such sea lanes and air routes. (Article 53[2], Ibid.)

3) Archipelagic sea lanes passage means the exercise in accordance with this Convention of the rights of navigation and overflight in the normal mode solely for the purpose of continuous, expeditious and unobstructed transit between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone. (Article 53[3], Ibid.)

4) Such sea lanes and air routes shall traverse the archipelagic waters and the adjacent territorial sea and shall include all normal passage routes used as routes for international navigation or overflight through or over archipelagic waters and, within such routes, so far as ships are concerned, all normal navigational channels, provided that duplication of routes of similar convenience between the same entry and exit points shall not be necessary. (Article 53[4], Ibid.)

5) Such sea lanes and air routes shall be defined by a series of continuous axis lines from the entry points of passage routes to the exit points. Ships and aircraft in archipelagic sea lanes passage shall not deviate more than 25 nautical miles to either side of such axis lines during passage, provided that such ships and aircraft shall not navigate closer to the coasts than 10 per cent of the distance between the nearest points on islands bordering the sea lane. (Article 53[5], Ibid.)

6) An archipelagic State which designates sea lanes under this article may also prescribe traffic separation schemes for the safe passage of ships through narrow channels in such sea lanes. (Article 53[6], Ibid.)

7) An archipelagic State may, when circumstances require, after giving due publicity thereto, substitute other sea lanes or traffic separation schemes for any sea lanes or traffic separation schemes previously designated or prescribed by it. (Article 53[7], Ibid.)

8) Such sea lanes and traffic separation schemes shall conform to generally accepted international regulations. (Article 53[8], Ibid.)

9) In designating or substituting sea lanes or prescribing or substituting traffic separation schemes, an archipelagic State shall refer proposals to the competent international organization with a view to their adoption. The organization may adopt only such sea lanes and traffic separation schemes as may be agreed with the archipelagic State, after which the archipelagic State may designate, prescribe or substitute them. (Article 53[9], Ibid.)

10) The archipelagic State shall clearly indicate the axis of the sea lanes and the traffic separation schemes designated or prescribed by it on charts to which due publicity shall be given. (Article 53[10], Ibid.)

11) Ships in archipelagic sea lanes passage shall respect applicable sea  lanes and traffic separation schemes established in accordance with this article. (Article 53[11], Ibid.)

12) If an archipelagic State does not designate sea lanes or air routes, the right of archipelagic sea lanes passage may be exercised through the routes normally used for international navigation. (Article 53[12], Ibid.)

1) Duties of ships and aircraft during their passage, research and survey activities, duties of the archipelagic State and laws and regulations of the archipelagic State relating to archipelagic sea lanes passage

Articles 39, 40, 42 and 44 apply mutatis mutandis to archipelagic sea lanes passage. (Article 54, Ibid.)

Cross-referenced articles

Duties of ships and aircraft during transit passage

1) Ships and aircraft, while exercising the right of transit passage, shall:

(a) proceed without delay through or over the strait;

(b) refrain from any threat or use of force against the sovereignty, territorial integrity or political independence of States bordering the strait, or in any other manner in violation of the principles of international law embodied in the Charter of the United

Nations;

(c) refrain from any activities other than those incident to their normal modes of continuous and expeditious transit unless rendered necessary by force majeure or by distress;

(d) comply with other relevant provisions of this Part. (Article 39[1], Ibid.)

2) Ships in transit passage shall:

(a) comply with generally accepted international regulations, procedures and practices for safety at sea, including the International Regulations for Preventing Collisions at Sea;

(b) comply with generally accepted international regulations, procedures and practices for the prevention, reduction and control of pollution from ships. (Article 39[2], Ibid.)

3. Aircraft in transit passage shall:

(a) observe the Rules of the Air established by the International Civil Aviation Organization as they apply to civil aircraft; state aircraft will normally comply with such safety measures and will at all times operate with due regard for the safety of

navigation;

(b) at all times monitor the radio frequency assigned by the competent internationally designated air traffic control authority or the appropriate international distress radio frequency. (Article 39[3], Ibid.)

Research and survey activities

During transit passage, foreign ships, including marine scientific research and hydrographic survey ships, may not carry out any research or survey activities without the prior authorization of the States bordering straits. (Article 40, Ibid.)

Laws and regulations of States bordering straits relating to transit passage

1) Subject to the provisions of this section, States bordering straits may adopt laws and regulations relating to transit passage through straits, in respect of all or any of the following:

(a) the safety of navigation and the regulation of maritime traffic, as provided in article 41;

(b) the prevention, reduction and control of pollution, by giving effect to applicable international regulations regarding the discharge of oil, oily wastes and other noxious substances in the strait;

(c) with respect to fishing vessels, the prevention of fishing, including the stowage of fishing gear;

(d) the loading or unloading of any commodity, currency or person in contravention of the customs, fiscal, immigration or sanitary laws and regulations of States bordering straits. (Article 42[1], Ibid.)

2) Such laws and regulations shall not discriminate in form or in fact among foreign ships or in their application have the practical effect of denying, hampering or impairing the right of transit passage as defined in this section. (Article 42[2], Ibid.)

3) States bordering straits shall give due publicity to all such laws and regulations. (Article 42[3], Ibid.)

4) Foreign ships exercising the right of transit passage shall comply with such laws and regulations. (Article 42[4], Ibid.)

5) The flag State of a ship or the State of registry of an aircraft entitled to sovereign immunity which acts in a manner contrary to such laws and regulations or other provisions of this Part shall bear international responsibility for any loss or damage which results to States bordering straits. (Article 42[5], Ibid.)

Duties of States bordering straits

States bordering straits shall not hamper transit passage and shall give appropriate publicity to any danger to navigation or overflight within or over the strait of which they have knowledge. There shall be no suspension of transit passage. (Article 44, Ibid.)

d. Regime of islands

1) Concept

1) An island is a naturally formed area of land, surrounded by water, which is above water at high tide. (Article 121[1], Ibid.)

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. (Article 121[2], Ibid.)

3) Rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf. (Article 121[3], Ibid.)

3. Internal waters

a. CONCEPT

1) Except as provided in Part IV, waters on the landward side of the baseline of the territorial sea form part of the internal waters of the State. (Article 8[1], Ibid.)

2) Where the establishment of a straight baseline in accordance with the method set forth in article 7 has the effect of enclosing as internal waters areas which had not previously been considered as such, a right of innocent passage as provided in this Convention shall exist in those waters. (Article 8[2], Ibid.)

4. Territorial seas

a. GENERAL PROVISIONS

1) Legal status of the territorial sea, of the air space over the territorial sea and of its bed and subsoil

1) The sovereignty of a coastal State extends, beyond its land territory and internal waters and, in the case of an archipelagic State, its archipelagic waters, to an adjacent belt of sea, described as the territorial sea. (Article 2[1], Ibid.)

2) This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil. (Article 2[2], Ibid.)

3) The sovereignty over the territorial sea is exercised subject to this Convention and to other rules of international law. (Article 2[3], Ibid.)

b. LIMITS OF THE TERRITORIAL SEA

1) 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. (Article 3, Ibid.)

2) 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. (Article 4, Ibid.)

3) 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. (Article 5, Ibid.)

4) Reefs

In the case of islands situated on atolls or of islands having fringing reefs, the baseline for measuring the breadth of the territorial sea is the seaward low-water line of the reef, as shown by the appropriate symbol on charts officially recognized by the coastal State. (Article 6, Ibid.)

5) 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. (Article 7[1], Ibid.)

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. (Article 7[2], Ibid.)

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. (Article 7[3], Ibid.)

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. (Article 7[4], Ibid.)

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. (Article 7[5], Ibid.)

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. (Article 7[6], Ibid.)

6) Internal waters

1) Except as provided in Part IV, waters on the landward side of the baseline of the territorial sea form part of the internal waters of the State. (Article 8[1], Ibid.)

2). Where the establishment of a straight baseline in accordance with the method set forth in article 7 has the effect of enclosing as internal waters areas which had not previously been considered as such, a right of innocent passage as provided in this Convention shall exist in those waters. (Article 8[2], Ibid.)

7) 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 9, Ibid.)

8) Bays

This article relates only to bays the coasts of which belong to a single State. (Article 10, Ibid.)

9) Delimitation of the territorial sea between States with opposite or adjacent coasts

Where the coasts of two States are opposite or adjacent to each other, neither of the two States is entitled, failing agreement between them to the contrary, to extend its territorial sea beyond the median line every point of which is equidistant from the nearest points on the baselines from which the breadth of the territorial seas of each of the two States is measured. The above provision does not apply, however, where it is necessary by reason of historic title or other special circumstances to delimit the territorial seas of the two States in a way which is at variance therewith. (Article 15, Ibid.)

5. Contiguous zones

a. CONCEPT

In a zone contiguous to its territorial sea, described as the contiguous zone, the coastal State may exercise the control necessary to:

1) prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea;

2) punish infringement of the above laws and regulations committed within its territory or territorial sea. (Article 33[1], Ibid.)

The contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured. (Article 33[2], Ibid.)

6. Exclusive economic zones

a. SPECIAL LEGAL REGIME OF THE EXCLUSIVE ECONOMIC ZONE

The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established [hereunder], under which the rights and jurisdiction of the coastal State and the rights and freedoms of other States are governed by the relevant provisions of this Convention. (Article 55, Ibid.)

b. RIGHTS, JURISDICTION AND DUTIES OF THE COASTAL STATE IN THE EXCLUSIVE ECONOMIC ZONE

1) In the exclusive economic zone, the coastal State has:

(a) sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds;

(b) jurisdiction as provided for in the relevant provisions of this Convention with regard to:

(i) the establishment and use of artificial islands, installations and structures;

(ii) marine scientific research;

(iii) the protection and preservation of the marine environment;

(c) other rights and duties provided for in this Convention. (Article 56[1], Ibid.)

2) In exercising its rights and performing its duties under this Convention in the exclusive economic zone, the coastal State shall have due regard to the rights and duties of other States and shall act in a manner compatible with the provisions of this Convention. (Article 56[2], Ibid.)

3) The rights set out in this article with respect to the seabed and subsoil shall be exercised in accordance with Part VI. (Article 56[3], Ibid.)

c. BREADTH OF THE EXCLUSIVE ECONOMIC ZONE

The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured. (Article 57, Ibid.)

d. RIGHTS AND DUTIES OF OTHER STATES IN THE EXCLUSIVE ECONOMIC ZONE

1) In the exclusive economic zone, all States, whether coastal or land-locked, enjoy, subject to the relevant provisions of this Convention, the freedoms referred to in article 87 of navigation and overflight and of the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to these freedoms, such as those associated with the operation of ships, aircraft and submarine cables and pipelines, and

compatible with the other provisions of this Convention. (Article 58[1], Ibid.)

2) Articles 88 to 115 and other pertinent rules of international law apply to the exclusive economic zone in so far as they are not incompatible with this Part. (Article 58[2], Ibid.)

3) In exercising their rights and performing their duties under this Convention in the exclusive economic zone, States shall have due regard to the rights and duties of the coastal State and shall comply with the laws and regulations adopted by the coastal State in accordance with the provisions of this Convention and other rules of international law in so far as they are not incompatible with this Part. (Article 58[3], Ibid.)

e.BASIS FOR THE RESOLUTION OF CONFLICTS REGARDING THE ATTRIBUTION OF RIGHTS AND JURISDICTION IN THE EXCLUSIVE ECONOMIC ZONE

In cases where this Convention does not attribute rights or jurisdiction to the coastal State or to other States within the exclusive economic zone, and a conflict arises between the interests of the coastal State and any other State or States, the conflict should be resolved on the basis of equity and in the light of all the relevant circumstances, taking into account the respective importance of the interests involved to the parties as well as to the international community as a whole. (Article 59, Ibid.)

f. 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. (Article 60[1], Ibid.)

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. (Article 60[2], Ibid.)

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. (Article 60[3], Ibid.)

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. (Article 60[4], Ibid.)

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. (Article 60[5], Ibid.)

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. (Article 60[6], Ibid.)

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. (Article 60[7], Ibid.)

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.

g. CONSERVATION OF THE LIVING RESOURCES

The coastal State shall determine the allowable catch of the living resources in its exclusive economic zone. (Article 61, Ibid.)

h. ENFORCEMENT OF LAWS AND REGULATIONS OF THE COSTAL STATE

1) The coastal State may, in the exercise of its sovereign rights to explore, exploit, conserve and manage the living resources in the exclusive economic zone, take such measures, including boarding, inspection, arrest and judicial proceedings, as may be necessary to ensure compliance with the laws and regulations adopted by it in conformity with this Convention. (Article 73[1], Ibid.)

2) Arrested vessels and their crews shall be promptly released upon the posting of reasonable bond or other security. (Article 73[2], Ibid.)

3) Coastal State penalties for violations of fisheries laws and regulations in the exclusive economic zone may not include imprisonment, in the absence of agreements to the contrary by the States concerned, or any other form of corporal punishment. (Article 73[3], Ibid.)

4) In cases of arrest or detention of foreign vessels the coastal State shall promptly notify the flag State, through appropriate channels, of the action taken and of any penalties subsequently imposed. (Article 73[4], Ibid.)

i. DELIMITATION ON THE EXCLUSIVE ECONOMIC ZONE BETWEEN STATES WITH OPPOSITE OR ADJACENT COASTS

The delimitation of the exclusive economic zone between States with opposite or adjacent coasts shall be effected by agreement on the basis of international law, as referred to in Article 38 of the Statute of the International Court of Justice, in order to achieve an equitable solution. (Article 74[1], Ibid.)

7. Continental shelf

a. DEFINITION OF THE CONTINENTAL SHELF

The continental shelf of a coastal State 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 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. (Article 76[1], United Nations Convention on the Law of the Sea)

b. RIGHTS OF THE COASTAL STATE OVER THE CONTINENTAL SHELF

1) The coastal State exercises over the continental shelf sovereign rights for the purpose of exploring it and exploiting its natural resources. (Article 77[1], Ibid.)

2) The rights referred to in paragraph 1 are exclusive in the sense that if the coastal State does not explore the continental shelf or exploit its natural resources, no one may undertake these activities without the express consent of the coastal State. (Article 77[2], Ibid.)

3) The rights of the coastal State over the continental shelf do not depend on occupation, effective or notional, or on any express proclamation. (Article 77[3], Ibid.)

4) The natural resources referred to in this Part consist of the mineral and other non-living resources of the seabed and subsoil together with living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil. (Article 77[4], Ibid.)

c. LEGAL STATUS OF THE SUPERJACENT WATERS AND AIR SPACE AND THE RIGHTS AND FREEDOMS OF THE STATES

1) The rights of the coastal State over the continental shelf do not affect the legal status of the superjacent waters or of the air space above those waters. (Article 78[1], Ibid.)

2) The exercise of the rights of the coastal State over the continental shelf must not infringe or result in any unjustifiable interference with navigation and other rights and freedoms of other States as provided for in this Convention. (Article 78[2], Ibid.)

d. SUBMARINE CABLES AND PIPELINES ON THE CONTINENTAL SHELF

1) All States are entitled to lay submarine cables and pipelines on the continental shelf, in accordance with the provisions of this article. (Article 79[1], Ibid.)

2) Subject to its right to take reasonable measures for the exploration of the continental shelf, the exploitation of its natural resources and the prevention, reduction and control of pollution from pipelines, the coastal State may not impede the laying or maintenance of such cables or pipelines. (Article 79[2], Ibid.)

3) The delineation of the course for the laying of such pipelines on the continental shelf is subject to the consent of the coastal State. (Article 79[3], Ibid.)

4) Nothing in this Part affects the right of the coastal State to establish conditions for cables or pipelines entering its territory or territorial sea, or its jurisdiction over cables and pipelines constructed or used in connection with the exploration of its continental shelf or exploitation of its resources or the operations of artificial islands, installations and structures under its jurisdiction. (Article 79[4], Ibid.)

5) When laying submarine cables or pipelines, States shall have due regard to cables or pipelines already in position. In particular, possibilities of repairing existing cables or pipelines shall not be prejudiced. (Article 79[5], Ibid.)

e. ARTIFICIAL ISLANDS, INSTALLATIONS AND STRUCTURES ON THE CONTINENTAL SHELF

Article 60 applies mutatis mutandis to artificial islands, installations and structures on the continental shelf. (Article 80, Ibid.)

NB: See discussions under Part XVII – Public International Law > N. Law of the Sea > 6. Exclusive Economic Zone > f. Artificial islands, installations and structures in the exclusive economic zone

f. DRILLING ON THE CONTINENTAL SHELF

The coastal State shall have the exclusive right to authorize and regulate drilling on the continental shelf for all purposes. (Article 81, Ibid.)

g. PAYMENTS AND CONTRIBUTIONS WITH RESPECT TO THE EXPLOITATION OF THE CONTINENTAL SHELF BEYOND 200 NAUTICAL MILES

The coastal State shall make payments or contributions in kind in respect of the exploitation of the non-living resources of the continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured. (Article 82[1], Ibid.)

h. DELIMITATION OF THE CONTINENTAL SHELF BETWEEN STATES WITH OPPOSITE OR ADJACENT COASTS

The delimitation of the continental shelf between States with opposite or adjacent coasts shall be effected by agreement on the basis of international law, as referred to in Article 38 of the Statute of the International Court of Justice, in order to achieve an equitable solution. (Article 83[1], Ibid.)

i. TUNNELLING

This Part does not prejudice the right of the coastal State to exploit the subsoil by means of tunnelling, irrespective of the depth of water above the subsoil. (Article 85, Ibid.)

8. International Tribunal for the Law of the Sea

a. ORGANIZATION

1) Composition

The Tribunal shall be composed of a body of 21 independent members, elected from among persons enjoying the highest reputation for fairness and integrity and of recognized competence in the field of the law of the sea. (Article 2[1], Annex VI – Statuteof the International Tribunal for the Law of the Sea, United Nations Convention on the Law of the Seas)

In the Tribunal as a whole the representation of the principal legal systems of the world and equitable geographical distribution shall be assured. (Article 2[2], Ibid.)

2) Privileges and immunities

The members of the Tribunal, when engaged on the business of the Tribunal, shall enjoy diplomatic privileges and immunities. (Article 10, Ibid.)

b. COMPETENCE

1) Access to the Tribunal

The Tribunal shall be open to States Parties. (Article 20[1], Ibid.)

The Tribunal shall be open to entities other than States Parties in any case expressly provided for in Part XI or in any case submitted pursuant to any other agreement conferring jurisdiction on the Tribunal which is accepted by all the parties to that case. (Article 20[2], Ibid.)

2) Jurisdiction

The jurisdiction of the Tribunal comprises all disputes and all applications submitted to it in accordance with this Convention and all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal. (Article 21, Ibid.)

3) Reference of disputes subject to other agreements

If all the parties to a treaty or convention already in force and concerning the subject-matter covered by this Convention so agree, any disputes concerning the interpretation or application of such treaty or convention may, in accordance with such agreement, be submitted to the Tribunal. (Article 22, Ibid.)

4) Applicable law

The Tribunal shall decide all disputes and applications in accordance with article 293. (Article 23, Ibid.)

5) Hearing

The hearing shall be under the control of the President or, if he is unable to preside, of the Vice-President. If neither is able to preside, the senior judge present of the Tribunal shall preside. (Article 26[1], Ibid.)

The hearing shall be public, unless the Tribunal decides otherwise or unless the parties demand that the public be not admitted. (Article 26[2], Ibid.)

6) Judgment

The judgment shall state the reasons on which it is based. (Article 30[1], Ibid.)

It shall contain the names of the members of the Tribunal who have taken part in the decision. (Article 30[2], Ibid.)

If the judgment does not represent in whole or in part the unanimous opinion of the members of the Tribunal, any member shall be entitled to deliver a separate opinion. (Article 30[3], Ibid.)

The judgment shall be signed by the President and by the Registrar. It shall be read in open court, due notice having been given to the parties to the dispute. (Article 30[4], Ibid.)

7) Finality and binding force of decisions

The decision of the Tribunal is final and shall be complied with by all the parties to the dispute. (Article 33[1], Ibid.)

The decision shall have no binding force except between the parties in respect of that particular dispute. (Article 33[2], Ibid.)

In the event of dispute as to the meaning or scope of the decision, the Tribunal shall construe it upon the request of any party. (Article 33[3], Ibid.)

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