UNCLOS REPORT QUESTIONAIRES WITH ANSWERS

1. How are archiphelagic baselines measured?

The Archiphelagic state shall draw straight baselines connecting the outermost
points of the outermost islands and drying reefs and that provided that the ratio of the
area of the water to the area of the land including atolls is between 1:1 and 9:1 and the
length of such baselines shall not exceed 100 NM except up to 3% of the total number
of baselines enclosing any archiphelago may exceed length up to max of 125 NM.

2. Distinguish between sovereignty and sovereign rights

Sovereignty means that the state’s exclusive right to establish a rule of law and
ensure its observance in its territory.

Sovereign rights means a collective but limited set of rights and power over a
defines area of the sea, right to enjoy natural resources.

3. What is ITLOS?

The International Tribunal on the Law of the Sea (ITLOS) is the court created under
UNCLOS to settle disputes between states. These include matters regarding the
interpretation or application of the Convention, and other issues that may be submitted
to it for adjudication by the parties. It also has the power to issue advisory opinions.

4. What comprises the National Territory?

The national territory comprises the Philippine archipelago, with all the islands and
waters embraced therein, and all other territories over which the Philippines has
sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains,
including its territorial sea, the seabed, the subsoil, the insular shelves, and other
submarine areas. The waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of the internal waters
of the Philippines.

5. Key features of the UNCLOS

 This was basically an attempt to codify the international law of the sea
 Sets the width of a territorial sea as 12NM with the contiguous zone as 24 NM
  Also defines for the right of innocent passage through international sea
 Defines archiphelagic states and baselines
 Establishes Exclusive economic zone with 200 NM

6. What is UNCLOS?

UNCLOS is an international treaty that provides a regulatory framework for

the use of the world’s seas and oceans, to ensure the conservation and equitable
usage of resources and the marine environment and to ensure the protection and
preservation of the living resources of the sea.

7. What are the key features of the High Seas

1. Freedom from navigation

2. Freedom from overflight
3. Freedom from laying submarine cables and pipelines
4. Freedom to construct artificial islands and other installations permitted under
international law
5. Freedom from fishing, subjects to conditions
6. Freedom of scientific research

8. What is an archipelagic doctrine? Is this reflected in our 1987 constitution?

Archipelagic Doctrine emphasizes the unity of land and waters by defining an

archipelago either as a group of islands surrounded by waters or body of waters
studded with islands. For
this purpose, it requires that baselines be drawn by
connecting the appropriate points of the “outermost
islands to encircle the islands within the
archipelago. We consider all the waters enclosed
by the straight baselines as internal waters.

Yes. It is reflected in the 1987 Constitution. Article 1 provides that the

National territory of the Philippines includes the Philippine Archipelago, with all the
islands and waters embraced therein; and the waters around, between and
connecting the islands of the archipelago, regardless of their breath and dimensions,
form part of the internal waters of the Philippines.
9. What areas did unclos III set the limit of?

a. The areas are as follows:

b. Internal Waters
c. Territorial Waters
d. Archipelagic Waters
e. Contiguous Zone
f. Exclusive Economic Zone
g. High Seas
h. Continental Shelves

10. Can warships be held liable for damages caused to a Coastal State?

Yes. UNCLOS Article 31 - Responsibility of the flag State for damage caused
by a warship or other government ship operated for non-commercial purposes.

The flag State shall bear international responsibility for any loss or damage to
the coastal State resulting from the non-compliance by a warship or other
government ship operated for non-commercial purposes with the laws and
regulations of the coastal State concerning passage through the territorial sea or
with the provisions of this Convention or other rules of international law.