Marine Resource Conservation

MARINE RESOURCE CONSERVATION

(Philippine Law and Ecology Vol. II: International Law and rules of Procedure - Chapter 5)

5.1 United Nations Convention on the Law of the Sea

I. Background (1982 United Nations Convention on the Law of the Sea – UNCLOS)a. International Plane

i. Opened for signature 1. at Montego Bay, Jamaica2. on December 10, 1982

ii. Entered into force1. November 16, 1994

b. Local Planei. Philippines

1. In accordance with the government’s duty to maintain its sovereignty over the national territory

a. Participated in the negotiations b. Signed and ratified on May 8, 1984

II. Territory: Law of the Sea (Bernas, S.J., Introduction to Public International Law)a. Importance of the Sea (2 Factors)

i. Medium of communicationii. Contain vast natural resource

b. Extent of a state’s sovereignty over waters (Art. 2 UNCLOS)“Article 2

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.

2. This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil.

3. The sovereignty over the territorial sea is exercised subject to this Convention and to other rules of international law”

c. Baselinesi. Normal or Straight

1. Baseline = “the low-water line along the coast as marked on large scale charts officially recognized by the coastal State” (Art. 5 UNCLOS)

2. 2 ways of drawing the baselinea. “Normal” Baseline

i. One drawn following the low-water line along the coast as marked on large scale charts officially recognized by the coastal state (Art. 5 UNCLOS)

Abad | Adlawan | Mondero | Ricasio | Villarosa | VirtucioEnvironmental Law 2015Atty. Antonio G.M. Lavina

College of Law, 05/13/15,

To understand the extend to territorial sea [and other related marine territories]

1. This line follows the curvatures of the coast and therefore would normally not consist of straight lines

b. “Straight” Baseline i. Introduced in the Anglo-Norwegian Fisheries Vase (U.K.

v. Norway ICJ 1951)1. Method adopted by Norway2. Later Adopted by the UNCLOS

ii. Drawn connecting selected points on the coast without appreciable departure from the general shape of the coast

1. Most archipelagic states use straight baseline2. The length of such baseline shall not exceed 100

nautical miles, except that up to 3% of the total number of baselines enclosing any archipelago may exceed that length up to a maximum length of 125 nautical miles (Art. 47 UNCLOS)

iii. Article 7 and 47 of the UNCLOS allows the use of the “straight baseline method” for archipelagic states

“Article 7 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.



The Court was asked to decide, inter-alia, the validity, under international law, of the methods used to delimit Norway’s territorial sea/ fisheries zone. (https://ruwanthikagunaratne.wordpress.com/2014/04/11/anglo-norwegian-fisheries-summary/)“The coastal zone concerned in the dispute is of a distinctive configuration. Its length as the crow flies exceeds 1,500 kilometres. Mountainous along its whole length, very broken by fjords and bays, dotted with countleris islands, islets and reefs (certain of which form a continuous archipelago known as the skjaergaard, "rock rampart"), the coast does not constitute, as it does in practically all oth~er countries in the world a clear dividing line between land and sea. The land configuration stretches out into the sea and what really constitutes the Norwegian coastline is the outer line of the land formations viewed as a whole. Along the coastal zone are situated shallow banks which are very rich in fish. These have been exploited from time immemorial Iby the inhabitants of the mainland and of the islands: they derive their livelihood essentially from such fishing. In past centuries British fisherman had made incursions in the waters near the Norwegian coast. As a result of complaints from the King of Norway, they abstained from doing so at the beginning of the 17th century and for 300 years. But in 1906 British vessels appeared again. These: were trawlers equipped with improved and powerful gear. The lacal population became perturbed, and measures were taken by Norway with a view to specifying the limits within which fishing was prohibited to foreigners. Incidents occ~~rred, became more and more frequent, and on July 12th. 1935 the Norwegian Government delimited the Norwegian fisheries zone by Decree. Negotiations had been entered into by the two Governments; they were pursued after the Decree was enacted, but without success. A considerable number of British trawlers were arrested and condemned in 1948 and 1949. It was then that the United Kingdom Government instituted proceedings before the Court.” (http://www.icj-cij.org/docket/files/5/1811.pdf)

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.”

“Article 47

Archipelagic baselines

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.

2. The length of such baselines shall not exceed 100 nautical miles, except that up to 3 per cent of the total number of baselines enclosing any archipelago may exceed that length, up to a maximum length of 125 nautical miles.

3. The drawing of such baselines shall not depart to any appreciable extent from the general configuration of the archipelago.

4. Such 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 where a low-tide elevation is situated wholly or partly at a distance not exceeding the breadth of the territorial sea from the nearest island.

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

6. If a part of the archipelagic waters of an archipelagic State lies between two parts of an immediately adjacent neighbouring State, existing rights and all other legitimate interests which the latter State has traditionally exercised in such waters and all rights stipulated by agreement between those States shall continue and be respected.

7. For the purpose of computing the ratio of water to land under paragraph l, land areas may include waters lying within the fringing reefs of islands and atolls, including that part of a steep-sided oceanic plateau which is enclosed or nearly enclosed by a chain of limestone islands and drying reefs lying on the perimeter of the plateau.

8. The baselines drawn in accordance with this article shall be shown on charts of a scale or scales adequate for ascertaining their position. Alternatively, lists of geographical coordinates of points, specifying the geodetic datum, may be substituted. 41

9. The archipelagic State shall give due publicity to such charts or lists of geographical coordinates and shall deposit a copy of each such chart or list with the Secretary-General of the United Nations.”

d. Territories i. Territorial Sea

1. Belt of sea outwards from the baseline and up to 12 nautical miles beyond (Article 3 UNLOS)

a. The width of this territorial belt of water is the 12-mile ruleAbad | Adlawan | Mondero | Ricasio | Villarosa | VirtucioEnvironmental Law 2015Atty. Antonio G.M. Lavina


History1. First rule = “Cannon Shot Rule”Width of water was measured in terms of the range of share-based artillery2. Second rule = “Three-Mile Rule”3. Third rule = “Twelve-Mile Rule”


Insert photos for illustration

b. However, where the application of the 12-mile rule to neighboring littoral states would result in overlapping

i. The rule is that the dividing line is the median line equidistant from the opposite baselines

ii. Equidistant rule – not apply where historic title or other special circumstances require a different measurement

ii. Internal Waters (Art. 8 UNCLOS)1. All waters landwards from the baseline of the territory2. Similar to “Archipelagic Waters”3. Includes “Bays” and “Historic Bays”

iii. Contiguous Zone (Art. 33 UNCLOS)1. An area of water not exceeding 24 nautical miles from the baseline

a. Extends 12 nautical miles from the edge of the territorial seaiv. Exclusive Economic Zone (EZZ) or “Patrimonial Sea” (Art. 57 UNCLOS)

1. Area extending not more than 200 nautical miles beyond the baselinev. Continental Shelf or Archipelagic Shelf (Art. 76 UNCLOS)

1. Refers to the:a. Seabed and subsoil of the submarine areas adjacent to the

coastal state but outside the territorial sea, to a depth of 200 meters or, beyond that limit, to where the depth allows exploitation

b. Seabed and subsoil of areas adjacent to islandsIII. UNCLOS

a. Created the International Tribunal for the Laws of the Sea and the International Seabed Authority

b. Objectives (Preamble UNCLOS)i. To settle all issues relating to the law of the sea (settle issues)

ii. To create a new Convention to reflect developments since the UN Conferences on the Law of the Sea in 1958 and 1960 (create a new convention)

iii. To establish a legal order for the sea and oceans which will facilitate international communication, and will promote the peaceful uses of the seas and oceans, the equitable and efficient utilization of their resources, the conservation of their living resources, and the study, protection and preservation of marine environment (establish a legal order)

iv. The realization of a just and equitable international economic order which takes into account the interests and needs of mankind as a whole and, in particular, the special interests and needs of developing countries, whether coastal or landlocked (realization of a just and equitable international economic order)

v. To develop the principles embodied in resolution 2794(XXV) of 17 December 1970 in which the General Assembly of the United Nations solemnly declared inter alia that the area of the seabed and ocean floor and the subsoil thereof, beyond the limits of national jurisdiction, as well as its resources, are the common heritage of mankind, the exploration and exploitation of which shall be carried out for the benefit of mankind as a whole, irrespective of the


geographical location of States (to develop principles embodied in resolution 2794(XXV))

vi. The strengthening of peace, security, cooperation and friendly relations among all nations in conformity with the principles of justice and equal rights and will promote the economic and social advancement of all peoples of the world, in accordance with the Purposes and Principles of the United Nations as set forth in the Charter (strengthening of peace, security, cooperation and friendly relations among all nations)

c. Other Objectives (La Vina)i. State-parties carry the obligation to:

1. Give due regard to rights of other states2. Act in a manner compatible with UNCLOS3. Adopt reasonable rules and regulations to facilitate marine scientific

research and assist research vehicles4. Refrain from interfering with shipping5. Be responsible for damages caused by pollution to marine environment

arising out of marine scientific research6. Conserve and mange natural resources7. Protect and preserve marine environment8. Exchange available scientific information on catch and fishing effort with

competent international organizations9. Cooperate with coastal states whose EEZs overlap to coordinate

management measures concerning share stock10. Notify when constructing artificial islands and other installations11. Refrain from interfering with navigational rights of other states12. Refrain from hampering innocent passage of foreign ships in territorial

sea13. Give publicity to known dangers to navigation within territorial sea

IV. Implementing Legislation

5.2. 1993 FAO Compliance Agreement

5.3. 1995 UN Fish Stocks Agreement

5.4. The International Convention for the Prevention of Pollutions from Ships, 1973, as modified by the Protocol of 1978 (MARPOL 73/78)


Marine Resource Conservation

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Transcript of Marine Resource Conservation