1 of the charter which provides the general assembly

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Unformatted text preview: of the Sea, has a uniform breadth of 12 miles measured from the lower water mark of the coast; while the outermost points of our archipelago which are connected with baselines and all waters comprised therein are regarded as internal waters. (2004 Bar Question) Q: Give the importance of the distinction between internal waters and territorial sea. A: In the territorial sea, a foreign State can claim for its ships the right of innocent passage, whereas in the internal waters of a State no such right exists. (Salonga & Yap, 1992) Q: What are the methods used in defining territorial sea? A: 1. Normal baseline method – the territorial sea is simply drawn from the low‐water mark of the coast, to the breadth claimed, following its sinuousness and curvatures but excluding the internal waters in the bays and gulfs. (Article 5, UNCLOS) 2. Straight baseline method – 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 measure. (Article. 7, UNCLOS) Note: The Philippines uses this method in drawing baselines Q: Explain the right of innocent passage. A: It means navigation through the territorial sea of a State for the purpose of traversing the sea without entering internal waters, or of proceeding to internal waters, or making for the high seas from internal waters, as long as it is not prejudicial to the peace, good order or security of the coastal State. (Articles 18 [1][2], 19[1], UNCLOS) Q: When is the right of innocent passage considered prejudicial? A: If the foreign ship engages in the following activities: 1. Any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal State, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations 2. Any exercise or practic...
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