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March 20

1. Territorial sovereignty requires a state to have territory over land or water in order to exist. Territory can be acquired through conquest, claiming unoccupied lands (terra nullius), prescription, cession, or subjugation following war. 2. The Law of the Sea (UNCLOS) establishes maritime zones of jurisdiction for coastal states, including internal waters, territorial seas, and exclusive economic zones (EEZs). Coastal states have sovereignty over internal waters and territorial seas, and sovereign rights over natural resources in their EEZs. 3. UNCLOS establishes rules for determining maritime boundaries between states using baselines, and governs the rights of states within different maritime zones, including the right of innocent passage

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43 views2 pages

March 20

1. Territorial sovereignty requires a state to have territory over land or water in order to exist. Territory can be acquired through conquest, claiming unoccupied lands (terra nullius), prescription, cession, or subjugation following war. 2. The Law of the Sea (UNCLOS) establishes maritime zones of jurisdiction for coastal states, including internal waters, territorial seas, and exclusive economic zones (EEZs). Coastal states have sovereignty over internal waters and territorial seas, and sovereign rights over natural resources in their EEZs. 3. UNCLOS establishes rules for determining maritime boundaries between states using baselines, and governs the rights of states within different maritime zones, including the right of innocent passage

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Alexis Louisse Gonzales
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TERRITORY AND THE LAW OF THE SEA

Territorial Sovereignty - sovereignty in relation to a portion of the surface of


the globe
- Land or Water
- Without territory = NO STATE
- at the beginning there should be territory for a legal entity
to become a State
Acquisition of territory (old) - conquering
Acquisition of territory (intllaw)
Terra Nullius - no one's land that you claim as your own
- no concept of terra nullius = western concept
= lands had already been occupied by other people
= classify the people who were there first
- DISCOVER AND OCCUPY
CASE n1 - ISLAND OF PALMAS CASE
Netherlands v. USA
Spain as the first that DISCOVERED - planted their flag and claimed it f
or the king of Spain
- did not do EFFECTIVE OCCUPATION / APPARENT AUTHORITY = contino
us presence
- did not transfer ownership to the US
- the people did not recognize Spain as their discoverer; Dutch
speakers; entered agreements under the protectorate of the Netherlands
Island of Palmas awarded to the Netherlands
Prescription - not of terra nullius
- prescribed
Cession - peaceful transfer of territory from one sovereign to another
- often happens when a superpower falls and another power rises
Accretion - part of an original territory breaks away and attaches to anot
her territory
- when new land is formed that attaches to existing land
- riparian state = states near a body of river
= rivers bring sediments that can deposit lands and form new ter
ritory
Subjugation - conquest and use of force
- victor will own the land
- UTI POSSIDETIS "what you have is yours"
"what you possess"
= emerged after the independence of South America
= end of any war, whatever land you occupy is yours and claim it
as your territory
= undisturbed occupation of that territory
Intertemporal Law - law that existing at the time of the distribution of the ter
ritory is the law that applies
Critical Date - date of the issue of occupation of the territory
Effectivites - exercise of effective authority
- doctrine of acquiesence
Common heritage of mankind - RES COMMUNIS
polar region, outerspace, high seas, sea beds

LAW OF THE SEA (UNCLOS)


- country that considers it as custom: USA
ratified and signed: CHINA
= position against the superpowers
- territorial sea and reign of jurisdiction
BASELINES - seaward limit
- continental states as easier = normal baselines (ART 5)
= low-water mark or low tide
= GENERAL RULE
- states with loads of islands = straight baselines (ART 7)
= joining of several points around the country
- BAYS - body of water; tips of the mouth and connect
- ISLANDS = generate contiguous zone and EEZ; can have its own territori
al waters
*scarborough shoal - no EEZ and contiguous zone
- can you or not live there difference from an island
- archipelagic states = ART 46
= 12 nautical miles as part of the territory
MAGALLONA v ERMITA -
Philippine Baseline Law RA 9522
Does it reduce Philippine maritime territory under the Constitution?
TERRITORIAL SEA
- internal waters = 12 nautical miles inwards
= absolute jurisdiction and power over internal waters
right of innocent passage - right of foreign merchant ships to pass unhi
ndered through the territorial sea (ART 8,17)
- continuous and expeditious; stoppage is only incidental and as
needed (ART 18)
- freedom of navigation = transit passage
= under the territory of the coastal state; raise of flag to announce th
at you are only passing
SEA ZONES OF SOVEREIGN RIGHTS AND JURISDICTION
- Territory or not territory
- Continental Shelf (Benham Rise) ART 76
= EEZ for the Philippines - 200 nautical mile area from the baseline (AR
T 56 as rights of coastal State)
= Territory - within 12 nautical miles and recognized as such
= sovereign rights of exploring and exploiting, conserve and manage natu
ral resources living or non-living
= Sea bed as res communis unless assigned to a State
JURISDICTION - power over anything; legal power over anything
- legally bind and decide any matter given to it
- matters of jurisdiction usually comes first when it comes to deciding case
s = grave abuse of discretion resulting to
- no omnipotent tribunal
Article 287
Tribunal - interpretation of the convention
ICJ - jurisdiction of territorial disputes
- exhaustion of remedies
compromis - common facts and disputed issues between States submitted to the ICJ
China as a proponent of articles under the UNCLOS - position of power
9-dash line - inconsistent with the convention
EEZ - sovereign rights over the EEZ
Precautionary and preventive principles - for the environment0

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