Manipulation of natural processes the dynamics

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Unformatted text preview: e necessary.(Article 53[4], UNCLOS) ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 267 UST GOLDEN NOTES 2011 Q: How are sea lanes designated or substituted for the purpose of archipelagic sea lanes passages? A: The archipelagic State shall refer proposals to the competent international organization (International Maritime Organization). The IMO may adopt only such sea lanes as may be agreed with the archipelagic State, after which the archipelagic State may designate, prescribe or substitute them. (Magallona, 2005; Article 53[9], UNCLOS) Q: How will the archipelagic sea lanes passage be designated should the archipelagic State not designate sea lanes? A: The right of archipelagic sea lanes passage may be exercised through the routes normally used for international navigation. (Article 53[12], UNCLOS) Q: Are warships, including submarines, entitled to the right of archipelagic sea lanes passage? A: Yes. All ships are entitled to the right. Submarines are not required to surface in the course of his passage unlike the exercise of right of innocent passage in the territorial sea. (Magallona, 2005; Article 20 in relation to Article 53[3], UNCLOS) 3. Internal Waters Q: What are internal waters? A: These are waters of lakes, rivers and bays landward of the baseline of the territorial sea. Waters on the landward side of the baseline of the territorial sea also form part of the internal waters of the coastal state. However, in the case of archipelagic states, waters landward of the baseline other than those of rivers, bays, and lakes, are archipelagic waters. (Magallona, 2005; Article 8 [1], UNCLOS) Q: How is the delimitation of internal waters? A: Within the archipelagic waters, the Archipelagic State may draw closing lines for the 268 delimitation of internal waters (Article 50, in relation with 9, 10, 1...
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