Beruflich Dokumente
Kultur Dokumente
DL: 18-08-18
1.) Internal waters – ports, rivers, inlets, and low water line
areas.
2.) Territorial sea – area wherein a state has unlimited overall
jurisdiction.
3.) Contiguous zone – intermediary zone between the
territorial sea and the high seas extending to a maximum of
24 nautical miles.
4.) Exclusive economic zone – intermediary zone lying
between the high seas and the territorial sea to the maximum
extent of 200 nautical miles.
5.) High seas – lie beyond 200 nautical miles from shore and is
governed by the principle of equal rights for all states.
Principles
a.) Principle of the Common Heritage of Humankind
- The Area
- Exploitation in the High Seas
- The International Sea Bed Area
b.) Principle of State Sovereignty over Natural Resources
- Archipelagic Waters
- Territorial Seas
- Contiguous Zones
Policies
1.) Development of Resources of the Area
a.) Policies on activities in an area
- Development of resources
- Principles of conservation
- Prevention of unnecessary waste
- Elimination of monopolization
- Provision for the passage of ships
b.) Production policies
- Provision for the exploitation of natural resources
- Commodity conferences
- Rights and obligations relating to unfair economic
Practices.
2.) Protection and preservation of the marine environment
- General Provisions
- Enforcement
- Rules and regulation on pollution control
3.) Marine scientific research
- General Provisions
- Conduct and promotion of research activities
- Installations or equipment in the marine
environment.
______________________________________________
Authority
International Agencies
1.) International Sea Bed Authority – responsible for the
regulation of all mineral-related activities in the international
seabed area which are beyond national jurisdiction.
2.) International Tribunal for the Law of the Sea (ITLOS) – a
judicial body that deals with the disputes on the
interpretation and application of the convention.
3.) Commission on the Limits of the Continental Shelf –
evaluates requests from coastal nations that wants to extend
their sovereignty over an extended portion of their
continental shelf.
4.) The Enterprise – To regulate the exploration and
exploitation of resources in an area.
Local Agencies
1.) National Mapping and Resource Information Authority
(NAMRIA) – Mapping of boundary delimitations.
2.) Department of Environment and Natural Resources (DENR)
– encompasses the protection and preservation of natural
resources in marine environments under the Philippines’s
jurisdiction.
3.) Philippine Coastguard – responsible for enforcing laws
within Philippine waters, safeguarding our marine
ecosystems, and executing maritime security operations.
Public
Prohibitions
- Introduction of substances into marine ecosystems which
may cause hard to the marine biodiversity and hazard to
human health.
- Claim sovereignty over “the Area” and its natural resources
for they are under the common heritage of humankind.
Both UNCLOS and Space law are based upon the principle of
the common heritage of mankind.
Source:
1. 4. The Relationship between Public International Law
and National Law - Dr. Walid Abdulrahim Professor of
Law. (n.d.). Retrieved from
https://sites.google.com/site/walidabdulrahim/home
/my-studies-in-english/state-responsibility
2. Chan, J. G., & Robles, C. (n.d.). PHILIPPINE
ENVIRONMENT LAWS - REPUBLIC ACT NO. 7942 - AN
ACT INSTITUTING A NEW SYSTEM OF MINERAL
RESOURCES EXPLORATION, DEVELOPMENT,
UTILIZATION, AND CONSERVATION - CHAN ROBLES
VIRTUAL LAW LIBRARY. Retrieved from
http://www.chanrobles.com/RA7942.htm#.W3gfYJ8R
V-E
3. D. (n.d.). United NationsOffice for Outer Space Affairs.
Retrieved from
http://www.unoosa.org/oosa/en/ourwork/spacelaw/i
ndex.html
4. Republic Act No. 8550 | GOVPH. (n.d.). Retrieved from
http://www.officialgazette.gov.ph/1998/02/25/republ
ic-act-no-8550/
D. Quick State of the Resources (5%)
What natural resources do we have? Natural Resources: Being an archipelago, Philippines’ vast
How important are they? What ecosystem oceans and seas surrounding its territory is blessed with
services do they provide? abundant marine resources.
What is their present condition? Importance: The marine ecosystem must be protected since
[Cite official &updated sources] fishery is one of the sources of income of Filipinos living near
the coastline. Phytoplankton are responsible for the
photosynthetic activities which makes up the food chain
process and supplies oxygen to fishes and other living
organisms in the ecosystem.
Present condition: Marine and coastal ecosystem were
severely affected by illegal fishing, disposal of solid wastes on
water bodies, and other harsh human activities.
Source: https://psa.gov.ph/content/fishery-resources
E. Decided Conflicts (20%) China’s juridical claims over the South China Sea is in direct
Facts: What actual controversies happened in violation of many policies laid by UNCLOS.
the past? Issues:
Issue: What was the issue? 1. The so-called “9-dashed-line” exceeds the geographic
Ruling: How did the Supreme Court decide and substantive limits of China’s maritime
the case? entitlements expressly permitted by the UNCLOS.
Rationale: Why did the Supreme Court decide 2. China interfered with Philippine petroleum
the way it did? What are important principles exploration at Reed Bank.
laid down by the Supreme Court in its 3. China purported to prohibit fishing by Philippine
decision? vessels within the Philippines’ exclusive economic
zone.
4. China protected and failed to prevent Chinese
fishermen from fishing within the Philippines’
exclusive economic zone at Mischief Reef and Second
Thomas Shoal.
5. China constructed installations and artificial islands at
Mischief Reef without the authorization of the
Philippines.
6. China built a large artificial island on Mischief Reef, a
low-tide elevation located in the exclusive economic
zone of the Philippines.
7. China caused permanent, irreparable harm to the
coral reef ecosystem.
8. China permanently destroyed evidence of the natural
condition of the features in question.
Ruling:
The Tribunal concluded that China had violated its obligations
to refrain from aggravating or extending the Parties’ disputes
during the pendency of the settlement process.
Rationale:
The Tribunal considered that the root of the disputes at issue
in this arbitration lies not in any intention on the part of China
or the Philippines to infringe on the legal rights of the other,
but rather in fundamentally different understandings of their
respective rights under the Convention in the waters of the
South China Sea.
II. Outline of Creative & Interactive Presentation:
For the methodology, report must be presented in a creative, interactive and participatory manner.
a. No boring straight reporting nor oral reading of your text-heavy PowerPoint presentations.
b. No cut and paste of the text of the laws. Only summaries or highlights or key points
c. .
d. Primary sources and proper citation, observe intellectual honesty.