Principle16riodeclaration q what are the other

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: agic baselines, regardless of their depth or distance from the coast. (Article 49[1], UNCLOS) Q: Does sovereignty of the archipelagic state extend to the archipelagic waters? A: Yes, but is subject to the right of innocent passage which is the same nature as the right of innocent passage in the territorial sea. (Article 49[1] in relation to Article 52[1], UNCLOS) Q: What are the other rights by which they are subject to? A: 1. Rights under existing agreement on the part of the third states should be respected; (Article 51[1], UNCLOS) 2. The traditional fishing rights and other legitimate activities of the immediately adjacent neighboring States (Ibid) 3. Existing submarine cables laid by other States and “passing though its waters without making a windfall” as well as the maintenance and replacement of such cables upon being notified of their location and the intention to repair or replace them. (Article 51[2], UNCLOS) Q: Does the right of innocent passage exist in archipelagic waters? A: Yes. As a rule, ships of all States enjoy the right of innocent passage through archipelagic waters. (Article 52[1}, UNCLOS) Q: May the right of innocent passage be suspended in some areas of its archipelagic waters? A: Yes. But such suspension must be: 1. Without discrimination in form or in fact among foreign ships; 2. Essential for the protection of its security; and 3. Shall take effect only after having been duly published. (Article 52[2], UNCLOS) 2.c. Archipelagic Sea Lanes Passage Q: What is the right of archipelagic sea lanes passage? A: It is the right of foreign ships and aircraft to have continuous, expeditious and unobstructed passage in sea lanes and air routes through or over the archipelagic waters and the adjacent territorial sea of the archipelagic state, “in transit between one part of the high seas or an exclusive economic zone.” All ships and aircraft are entitled to the right of archipelagic sea lanes passage. (Magallona, 2005; Article 53[1] in relation with Article 53[3], UNCLOS) Q: What are included in the sea lanes and air routes? A: It shall traverse the archipelagic waters and the adjacent territorial sea and shall include all normal passage routes used as routes for international navigation or overflight through or over archipelagic waters and, within such routes, so far as ships are concerned, all navigational channels, provided that duplication of routes of similar convenience between the same entry and exit points shall not b...
View Full Document

This document was uploaded on 03/12/2014.

Ask a homework question - tutors are online