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Scarborough concerns Both the Israel and China and tiawan continue to assert sovereignty in the same area in the Southern China Ocean. We as a result have an “international dispute, ” an element required before one can possibly go to an international court. We want to settle the dispute throughout the judicial resolution provision inside the United Nations Convention on the Regulation of the Sea (Unclos), but China does not.

That is the situation we are in. Suppose, nevertheless , that Chinese suppliers eventually agrees to go to the courtroom. Can the Unclos be the source of quality?

If we appeal to the convention, will we all be contradicting ourselves, as being a claim, by laying claims to an area which can be outside the physical limits of Philippine place as delineated in the Treaty of Rome? Indeed, the Treaty of Paris is a great starting point. But the treaty is an 1890 document drawn up and created on the basis of the understanding of what maritime laws and regulations were during those times and their limitations. At that time the division of what the law states of seas was just between the comarcal sea as well as the high seas. It explained nothing past territorial seas.

However , more jurisdictional categories beyond territorial waters are suffering from since 1890. The comarcal sea, as originally developed, was the body system of normal water which a coastal point out could defend with the current range of cannons, a rather brief distance. It was later broadened to the present doze nautical miles. In the territorial sea a seaside state can exercise specific restricted legal rights. Beyond the territorial sea were the high oceans which were ready to accept use and exploration by all. Things have improved radically considering that the early development of international rules. The department into territorial sea and high seas is still there.

Although there have now come to be identified certain areas of jurisdiction beyond the territorial marine environments. These developments are practical and resource-oriented and have come to warned those who rely on traditional maritime rules. Hence, when you examine of 22 Oriental vessels protecting against Filipino ships from getting into the area around Scarborough Shoal, this is the trouble we want the Unclos to solve. The Unclos is not just a codification of customary international law but also goes beyond traditionally accepted rules. Precisely what are the new innovations? First of all, we have to think of baselines.

The Unclos allows states to attract baselines over the low normal water mark surrounding a seaside state. The baselines can follow the indentations of the coastline or they can be straight lines drawn from indicate point. Directly baselines happen to be allowed in archipelagos like the Philippines. Following a Unclos, we drew each of our baselines through the adoption of Republic Action 9522 modifying an earlier regulation. The baselines are important since the various zonal jurisdictions start from there. Back to the inside from the baselines are the inside waters over which a state physical exercises the same kind of legislation it has more than land.

To the outside from the baselines are doze nautical miles of territorial marine. This is continue to traditional foreign law. Nevertheless recently there are recognized, beyond the territorial sea and within the substantial seas, fresh zones of limited jurisdiction. These fresh zones of limited legislation are the continuous zone (24 nautical miles), exclusive economic zone (200 nautical miles), and the ls shelf. They are covered by complicated rules which can be under the Unclos. In some areas there has already been recognized a unique fish zone (200 nautical miles). The new zones, especially the exclusive financial zones of neighboring declares, can terme conseill�.

The rules pertaining to resolving overlapping jurisdictions are also found in the Unclos. The Philippines continues to be asking China and tiawan to go to courtroom to resolve issues that have developed in the Scarborough area. We all also have difficulties with other border states. These types of too is going to eventually need to be resolved through the Unclos. The challenge we have with China is not merely about seas but likewise about terrain area. A state’s claim to any area of the sea begins from its terrestrial jurisdiction. We now have conflicting terrestrial jurisdiction with China. We are claiming property areas which can be outside the lines drawn by the Treaty of Paris.

The challenge for us shall be able to rationalize our promises under the present state of international legislation. Merely citing the shape or perhaps date of old roadmaps will not reconcile the issues. The Philippines is not going to abandon it is claim simply on the basis of the lines in the 1890 Treaty of Paris. We should not surrender our claims basically on the basis of outdated maps. There is certainly new foreign law tendu on inconsistant land statements which have to become studied to determine how applicable it is to the existing conflicting claims. This is difficult to the Philippine government. Can be solidifying our claim to terrestrial area essential to winning the maritime statements?

Under RA 9522 we all reasserted the claim to a “regime of islands” outside the Philippine islands. Islands, based on the Unclos, also provide their maritime jurisdiction. (I am not sure if Scarborough Shoal meets your criteria as a great island underneath Unclos. ) But the oceans there are one hundred twenty nautical miles from the Zambales landmass, or inside our exclusive financial zone. That is one foundation our state, a good indicate start from. S. S. By the way, Dr . Benito Legarda Junior. corrected me when I stated in a past column that Bajo de Masinloc means Below Masinloc. He is proper. I have found ever since then that “Bajo” is the older form of “bajio” which means shoal.