LAW OF THE
SEA
LAW OF THE SEA
• a body of international rules that binds and other
subjects of international law in maritime affairs.
• its function are the spatial distribution of national
jurisdiction and ensure cooperation between
states (Tanaka, 2012)
Law of the Sea Governed with
the following principles :
PRINCIPLE OF
PRINCIPLE OF COMMON
FREEDOM PRINCIPLE OF HERITAGE OF
SOVERIEGNITY MANKIND
LAW OF THE SEA
The law of the sea has been codified into four:
• The huge conference for the codification of international law
(1930)
• The first UN Conference on the Law of the Sea, 1958
(UNCLOS 1)
• The second UN Conference on the Law of the Sea, 1960
(UNCLOS 2)
• The third UN Conference on the Law of the Sea, 1973-1982
(UNCLOS 3)
BASELINE
-a line from which the outer limits of
marine spaces under the national
jurisdiction of coastal state are
measured
-it is also the line distinguishing internal
water from territorial sea (Tanaka, 2012)
TYPE OF BASELINES
• Normal Baselines
• Straight Baselines
• Closing Lines Across
Level Baseline
• Archipelagic Baseline
Archipelagic Baselines
• an archipelagic state is a state constituted wholly by
one or more archipelago and may include other
island
• to constitute and archipelago, the ff must exist:
existence of group of island, historical practice,
existence of intrinsic geographical economic and
political entity and compactness of islands
TWO KINDS OF ARCHIPELAGO
(1) COASTAL
(2) OUTLYING OR MID-OCEAN
STRAIGHT ARCHIPELAGIC BASELINE
under PAR.1, Article 47, UNCLOS 3,
an archipelago state may draw
straight archipelagic baselines joining
the outermost island and drying reefs
of the archipelago
ARCHIPELAGIC SEA LANE PASSAGE
pertains to exercise in accordance with
UNCLOS 3 of the rights of navigation and
overflight in normal mode solely for the
purpose of continues, expeditious and
unobstructed transit between one part of high
seas or an exclusive economic zone (Par.
Article 53, UNCLOS 3)
TERRETORIAL SEA
a marine space under the sovereignty of
coastal state up to a limit not exceeding
twelve (12) nautical miles from baselines
it comprises the seabed and it’s subsoil,
the adjacent water and the airspace (
Tanaka, 2012)
THE RIGHT OF INNOCENT PASSAGE
the right of innocent passage is the
right of foreign merchant to pass
unhindered through the sea of
coast (Shaw, 2008)
EXCLUSIVE ECONOMIC ZONE (EEZ)
The EEZ is the area beyond and adjacent
to the territorial sea, not extending beyond
200 nautical miles from the baseline of
territorial sea (Article 57, UNICLOS 3)
EXCLUSIVE ECONOMIC ZONE (EEZ)
The sovereign rights in EEZ are essentially
exclusive in the sense that no one may
undertake these activities or make a claim
to the EEZ without the express consent of
the coastal state (Tanaka, 2012)
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
HIGH SEAS
the high seas are part of the sea that
are not within an EEZ, the territorial
sea, the internal waters or
archipelagic water (Article 86,
UNCLOS 3)
International Tribunal
Law (ITLOS)
consist of 21 judges elected by the
member state with system in place to
ensure geographic balance
