...Convention on the Law of the Sea also referred to as (UNCLOS) has been in place for many years after its initial establishment. The UNCLOS convention has been amended overtime since it was established for many years. There are calls to revisit the whole convention as some aspects does not auger well with the current trends in the world. The Law of the Sea has caught the public attention due to certain activities such as fishing and the activities in the Arctic. There are arguments that with the continued shrinking of the polar ice cap, there countries that surround the Arctic Ocean have started positioning themselves to the anticipated biggest geographical brawls in the coming years. History & Ratification During the 17th century, the sea was governed by the concept that was known as the ‘freedoms of the seas. The regulation marked boundaries of the sea that countries should not go beyond in their activities. The distance marked was approximately three nautical miles. During the 20th century, many countries wanted this distance to be extended for economic purpose. The extraction of minerals and fishing were seen as very valuable activities that were boosting the country's wealth. In the year 1930 there was a conference that was held to debate the issues in The Hague but the discussion was not fertile. United States made a move to take control of all the natural recourses to its continental shelf which took place under the direction of customary international law and President...
Words: 685 - Pages: 3
...United Nations Convention on Law of the Sea (UNCLOS), 1982 Introduction The 1982 United Nations Convention on the Law of the Sea (UNCLOS) is the most comprehensive attempt at creating a unified regime for governance of the rights of nations with respect to the world's oceans. The treaty addresses a number of topics including navigational rights, economic rights, pollution of the seas, conservation of marine life, scientific exploration, piracy, and more. The treaty, one of the longest in history, is comprised of 320 articles and 9 annexes, representing the codification of customary international law and its progressive development. Historical Background Since humanity first set forth upon the seas, the issue of sovereign control over the oceans has been an ongoing concern. Prior to the 20th century, the oceans had been subject to the freedom of the seas doctrine. This principle, adopted in the 17th century, limited national rights and jurisdiction over a narrow band of water along a nations coast, the rest of the sea being free to all and belonging to none. Nearly a century later, the "cannon-shot" rule became the basis for determining how much of the adjacent oceans were under the jurisdiction of a nation. The cannon-shot rule set forth that a nation controlled a territorial sea as far as a projectile could be fired from a cannon based on shore. In the 18th century this range was approximate three nautical miles. As time progressed, three miles became the widely accepted...
Words: 8576 - Pages: 35
...7 United Nations Convention on the Law of the Sea CONTENTS Page PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 PART I. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Article 1. PART II. Use of terms and scope . . . . . . . . . . . . . . . . . . . . . . 22 TERRITORIAL SEA AND CONTIGUOUS ZONE . . . . . . . . 23 23 SECTION 1. GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . Article 2. Legal status of the territorial sea, of the air space over the territorial sea and of its bed and subsoil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SECTION 2. LIMITS OF THE TERRITORIAL SEA . . . . . . . . . . . . . . . . . . Article 3. Breadth of the territorial sea . . . . . . . . . . . . . . . . . . Article 4. Outer limit of the territorial sea . . . . . . . . . . . . . . . . Article 5. Normal baseline . . . . . . . . . . . . . . . . . . . . . . . . . . . . Article 6. Reefs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Article 7. Straight baselines . . . . . . . . . . . . . . . . . . . . . . . . . . . Article 8. Internal waters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Article 9. Mouths of rivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . Article 10. Bays ........ Article 11. Ports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Article 12. Roadsteads...
Words: 81374 - Pages: 326
...“Titanic: Three Ways the Disaster Changed Laws and Safety on the Seas” is a newspaper article found in a New York Daily News issue. It was written to give the reader insight on the new laws that were passed after the sinking of the Titanic. It goes into great detail giving the reader the information they are looking for. “Titanic: Three Ways the Disaster Changed Laws and Safety on the Seas” is written for the purpose of informing the reader on the changes that were made after the tragedy of the Titanic. Nicole Bitette is an innovative writer with a focus on online content that provides the reader with more inside coverage. Bitette has been writing articles for the New York Daily News for the past 3 years, where she has written over 975 online...
Words: 303 - Pages: 2
...This conference’s main mission was to settle the two main issues left unresolved at the first conference – the extent of the territorial sea and exclusive fishery zones. In order to successfully pass these measures, Canada and the United States proposed a piece of joint legislation allowing territorial sea to reach as far as six nautical miles. Despite their efforts, many people wanted a twelve-mile limit and therefore the vote did not obtain the two-thirds majority needed for passage (Lawrence pg 161). This resulted in yet another failure in the mission to codify the law of the ocean. Thirteen years later, a third and final Conference of the Law of the Sea would take place. This conference lasted nine years and was finally concluded in 1982 when all the compromises and deals were agreed upon. At the third conference, it was obvious which nations had the most influence and surprisingly, it was not the typical world superpowers. Instead, the most powerful group at the conference was Group 77 – consisting of about 120 developing African, Asian, and Latin American...
Words: 1659 - Pages: 7
...nation must conduct themselves in a just and orderly manner to maintain peace and stability in the world". International law should ignore military and economic to resolve the resolution of the disputes water. All nation must follow in a orderly manner to maintain stability and peace in the world. All nations has right to protect their sovereignty in land and ocean. The International law is giving a country access to its own 200 nautical miles away from their home land. The rule of law must be followed and conduct by all nation. Philippines and china is arguing about the sea over in the west Philippine sea. China 9 dashed line map claiming the 200 nautical miles away of the Philippines including other Asia country. The Asians is favorable with the Philippines. Philippines are retrieving the Philippine old map to give it to china. Philippines is doing step with the United Nation sending report of China still in the West Philippines Sea. Philippines dealing with china to...
Words: 905 - Pages: 4
...FREEDOM OF NAVIGATION.....................................................4 4. THE COASTAL STATE JURISDICTION....................................................................5 4.1. Internal Waters...........................................................................................................5 4.2. Territorial Seas...........................................................................................................6 4.3. Contiguous Zone........................................................................................................6 5. NAVIGATION IN TERRITORIAL SEA......................................................................6 5.1. Innocent Passage.....................................................................................................6 5.2. Straits.......................................................................................................................7 5.3. Transit Passage........................................................................................................7 6. THE HIGH SEAS...........................................................................................................7 7. INTERNATIONAL MARITIME EVENTS..................................................................8 7.1. The Corfu Channel...
Words: 2684 - Pages: 11
...South China Sea Oil Dispute International Business Law – BUL 6850 South China Sea Oil Dispute Introduction The South China Sea dispute is a territorial wrangle among certain Asian countries. The rivalry dates back to the Sino-Japanese War of 1894 (Roberts & Buszynski, 2015). The interest by these countries is the suspected oil potential of the region and fishing grounds. China claims the majority of the area covering hundreds of miles east and south of its southern province of Hainan. Other countries involved in the dispute include Taiwan, Vietnam, the Philippines, Malaysia, and Brunei, all part of the Association of Southeast Asian Nations (ASEAN) (See Appendix 1). The United States (U.S.) is an interested entity in the dispute based on the enormous number of commercial goods that pass through the sea each year (Dutton, 2014). This study will utilize the outcome of historical resolutions taken to resolve the dispute and analyze the conflict. Conducting a thorough analysis of this dispute is significant because it will set a good precedence for other existing global territorial disputes. In addition, finding a working solution for the dispute will benefit the ASEAN member countries through stability and other interested entities, such as the U.S., who rely on the South China Sea for trade. This paper will propose an International mediation alternative to the South China Sea oil dispute that will promote joint utilization of the natural resources within the territorial...
Words: 6528 - Pages: 27
...THE PHILIPPINES AND THE ARCHIPELAGIC DOCTRINE Archipelago is defined as a sea or part of a sea studded with islands, often synonymous with island groups, or as a large group of islands in an extensive body of water, such as sea. (De Leon, 1991) In various conferences of the United Nations on the Law of the Sea, the Philippines and other archipelago states proposed that an archipelagic state composed of groups of islands forming a state is a single unit, with the islands and the waters within the baselines as internal waters.By this concept (archipelagic doctrine), an archipelago shall be regarded as a single unit, so that the waters around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of the state, subject to its exclusive sovereignty. Despite the opposition of maritime powers, the Philippines and four other states (Indonesia, Papua New Guinea, Fiji and Bahamas) got the approval in the UN Convention on the Law of the Sea held in Jamaica last December 10, 1982. They were qualified as archipelagic states. The archipelagic doctrine is now incorporated in Chapter IV of the said convention. It legalizes the unity of land, water and people into a single entity photo courtesy of gmanews.tv The Philippines bolstered the archipelagic principle in defining its territory when it included in Article 1 of the 1987 Constitution the following: : "The national territory comprises the...
Words: 2619 - Pages: 11
...Gas laws apply in many everyday activities and daily necessities including air travel and recreation. Air medical services use gas laws in order to understand how the changes in altitude affect people, equipment and the internal environment of the aircraft. Several laws affect air travel including Boyle’s law, Henry’s law, Dalton’s law and Graham’s Law. Boyle’s law is relevant as it explains how pressure changes allow the gas to expand (Monroney, 2013). Dalton’s law transfers oxygen molecules from a person’s lungs to their bloodstream depending on the pressure gradient. Henry’s Law relates to the pressure of a gas over liquid (solubility). Within humans physiology the three physiological zones within the atmosphere are utilised to control conditions. Between sea level and 3 048 metres above sea level...
Words: 393 - Pages: 2
...Spratlys Islands or Kalayaan Island Group is just within the Philippines' proximity and 200 Nautical Miles Exclusive Economic Zone - under the International Laws Sea - UNCLOS. The Philippines as the closest and archipelagic country of the Spratly island with another Five Asian countries claim the Spratly Islands including - China, Taiwan, Vietnam, Malaysia and Brunei. In 1971, the Philippines officially claimed eight islands that it refers to as the Kalayaan, partly on the basis of this exploration, arguing that the islands: 1) were not part of the Spratly Islands; and 2) had not belonged to anybody and were open to being claimed. In 1972, they were designated as part of Palawan Province, Kalayaan municipality. The total land area of these islands is 790,000 sq meters. The Philippines control the following islands in the Spratlys: 1. Kota or Loaita Island 2. Lawak or Nansham Island 3. Likas or West York Island 4. Panata or Lamkian Cay 5. Pag-asa or Thitu Island 6. Parola or North East Cay 7. Patag or Flat Island 8. Rizal or Commodore Reef Chosen Discussion: How the country Philippines protect its intellectual property rights on the eight (8) officially claimed islands in Spratly? Action Taken: In various conferences of the United Nations (UN) on the law of the sea, the Philippines proposed that an archipelagic state composed of groups of islands forming a state is a single unit,...
Words: 1661 - Pages: 7
...vessels and fishing boats, China has fired off a barrage of historical records to reinforce its claim over a disputed shoal near the Philippines in the South China Sea. While this propaganda broadside makes it clear Beijing will take a tough line with Manila as a standoff over Panatag (Scarborough) Shoal continues into a seventh week, the exact legal justification for China's claim and the full extent of the territory affected remain uncertain, according to experts in maritime law. Like most of its claims to vast expanses of the resource-rich and strategically important South China Sea, Beijing prefers to remain ambiguous about the details, they say. This allows the ruling Communist Party to demonstrate to an increasingly nationalistic domestic audience that it can defend China's right to control a swathe of ocean territory. And, it avoids further inflaming tensions with neighbors who are already apprehensive about China's growing military power and territorial ambition. "This ambiguity serves China's domestic purpose which is to safeguard the government's legitimacy and satisfy domestic public opinion," said Sun Yun, a Washington DC-based China foreign policy expert and a former analyst for the International Crisis Group in Beijing. Potential flashpoint Rival claims to territory in the South China Sea are one of the biggest potential flashpoints in the Asia-Pacific region. China, the Philippines, Vietnam, Taiwan, Malaysia and Brunei all have territorial...
Words: 1345 - Pages: 6
...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. 1. Section 1, Article 1of the 1987 Constitution 2. The national territory comprises thePhilippine archipelago, with all the islands andwaters embraced therein, and all other territoriesover which the Philippines has sovereignty orjurisdiction, consisting of its terrestrial, fluvial andaerial domains, including its territorial sea, theseabed, the subsoil, the insular shelves, and othersubmarine areas. The waters around, between, andconnecting the islands of the archipelago, regardlessof their breadth and dimensions, form part ofinternal waters of the Philippines. 3. Necessity of constitutional provision on National Territory 4. 1. Binding force of such provision under international law. A state has the power to try, hear and decide cases throughout the extent of its territory. If there is a territorial dispute it should be settled according to the international law.2. Value of provision defining our national territory. It is important to know so that we and the other nations would know the boundaries of our country. 5. 3. Acquisition of other territories. Even though the bounds of our national territory is already written in the law, this does not prevent the Philippines from acquiring...
Words: 2754 - Pages: 12
...territories because it is a direct violation of the United Nations Convention on the Law of the Sea. If they are not challenged, the surrounding nations will not be able to use these waters to engage in trade, nor will they be able to reap the profits of the natural resources, and fighting will erupt. Since the beginning of the nineteenth century, China has laid claim to several archipelagos in the South China Sea with The Spratly and Paracel Islands receiving the most attention. However, several countries in close proximity to the islands claim them also. The Council on Foreign Relations website (http://www.cfr.org) stated the South China Sea encompasses an area of about 1.3 million mi2 and China seeks to own it all. If not settled appropriately, the controversy over these territorial waters will lead to war. This area is rich in natural resources and is a very important passageway for international trade. According to the Ocean Affairs and the Law of the Sea the United Nations Conference on the Law of the Sea first...
Words: 1670 - Pages: 7
...and Towns, 2016). Although the authorship of the Epistles is still in dispute, majority of it’s authorship has been attributed to Paul, since the writings sre similar to his teachings. The book of Hebrews is directed toward Jewish Christians who are thinking of returning to the old laws of Judaism. The author sets out to show that Christ has fulfilled the purposes of Judaism and that it has nothing more to offer the believer. Hebrews encourages the Jewish beleivers to hold on to Christ...
Words: 776 - Pages: 4