Internationalenvironmentallaw q what is international

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Unformatted text preview: pines as an “archipelagic state” under the UNCLOS and uses the straight baselines method that effectively changed the shape of Philippine territory as defined in the Treaty of Paris. In addition, it was also claimed that the law converts the country’s territorial waters into archipelagic waters under the UNCLOS, thus violating the 1987 Constitution, which stipulates that the waters connecting the country’s islands are internal waters. The effect of such is that the law allows foreign ships, including nuclear‐powered ships or vessels carrying weapons‐grade nuclear substances to pass through archipelagic waters in a continuous manner. This is because under the UNCLOS, States can exercise the right of innocent passage and archipelagic sea lanes passage over archipelagic waters. 2.a. Straight Archipelagic Baselines Q: How may an archipelagic State draw straight archipelagic Baselines? 266 A: By joining the outermost points of the outermost islands and drying reefs of the archipelago provided that within such baselines are included the main islands and an area in which the ration of the water to the area of the land, including atolls, is between 1 to 1 and 9 to 1. (Article 47, UNCLOS) Q: What are the some of the guidelines in drawing archipelagic baselines? A: 1. The length of such baselines shall not exceed 100 nautical miles, except that up to 3 per cent of the total number of baselines enclosing any archipelago may exceed that length, up to a maximum length of 125 nautical miles. (Article 47 [2], UNCLOS) 2. The drawing of such baselines shall not depart to any appreciable extent from the general configuration of the archipelago. (Article 47[3], UNCLOS) 3. Such baselines shall not be drawn to and from low tide elevations (Article 47[4], UNCLOS) Note: Unless lighthouses or similar installations which are permanently above sea level have been built on them or where a low‐tide elevation is situated wholly or partly at a distances not exceeding the breath of the te...
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