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THE CONTEMPORARY WORLD REVIEWER

LESSON; 5 MARKET INTEGRATION


DEFINITION OF TERM
 MARKET INTEGRATION is a process by which economies are becoming more
interdependent and interconnected in terms of commodity flows including externalities
and spillover of impacts (Genschel and jacktenfunchs, 2017 )
 INTERNATIONAL FINANCIAL INSTITUTIONS OR IFIS are institutions that
provide support through loans or grants and technical advices to promote a country
economic and social development
 CORPORATION are private institutions that produce or manufacture
goods ,products ,and services for a more expanded market usually at the reach of regions
or the world.
THE INTERNATIONAL FINANCIAL INSTITUTIONS AND THEIR ROLE IN
GLOBAL ECONOMY international financial institutions (IFIs) offer loans ,grants, and
technical advice to promote a country economic and social development banks like the
multilateral development banks like the world bank group.

A SUMMARIZED HISTORY OF THE GLOBAL ECONOMY


The modern capitalist world economy thrived between the 16 th and 18th centuries with the first
period of globalization occurring from 1914. Globalization occurring from 1914. Trade, capital,
and immigration grew significantly, but institutional architecture was limited. International
conventions and treaties drove large scale global movements driven by capital accumulation.

THE GLOBAL CORPORATIONS


Aside from IFIs and government , one the major players in globalization and the modern
capitalist market is the global corporations.

EXAMPLES OF COMPANIES
1. Procter& Gamble
2. Nestle
3. Sony corporation
4. Microsoft
5. Apple inc.
6. Google
7. Facebook
8. Ford motor
9. Allianz
10. General electric

LESSON 6 COMTEMPORARY GLOBAL GOVERNANCE

GLOBAL GOVERNANCE -collective efforts to identify understand and address


worldwide problems that go beyond the problem-solving capacities of states (Weiss,20210)

GLOBAL GOVERNANCE
Global governance is the capacity within the international system, at any given moment,
to provide government-like services and public goods in the absence of a world government. It is
the combination of informal and formal ideas, values, rules, norms, procedures, practices,
policies, and organizations that help all actors-states, IGOS, civil society and NGOs, TNCs, and
individuals- identify, understand, and address transboundary problems. At its simplest, global
governance is a set of questions that enable us to work out how the world is, was, and could be
governed, and how changes in grand and not-so-grand patterns of governance occurred, are
occurring, and ought to occur (Weiss, 2013).

The Uncertainty of the Sovereign Territorial State or Nation-state


Since the end of the Cold War, the world is heading toward a less centralized form of
governance. As the United States is facing serious setbacks in the wars in Iraq and
Afghanistan, many emerging powers such as China, Russia, and Brazil have formed
regional alliances to create a multipolar and anti-hegemonic order. This development is
being referred to as the beginning of "the post-American world," in which the United States
retreats and the rest of the world advances in economic power and political influence (Zakaria,
2008)
This is in stark contrast to the kind of political entity which determined our lives: the
sovereign territorial state or "nation-state." In fact, most Western countries have lived under
this kind of state since the late 18th century or possibly earlier. This kind of state has become the
universal framework of social development.

As a review, the notion of "nation-state" has the following elements:


a. Continuous and broken territory (preferred)
b. Sovereign territory
C. The state has the monopoly both of law and of the powers of coercion. d. The national state
rules its citizens or subjects directly and not through intermediate authorities.

e. Direct government and administration of inhabitants by the central authorities of the "nation-
state"
f. The state is considered to represent the people and the people serves as a source of sovereignty
or at least give the state legitimacy.

g. The citizenry was or ought to form a homogenous population (Hobsbawm, 1996).

1. The creation of a supranational economy wherein the transactions are largely uncontrolled by
states, resulting to the restriction of states to direct national economies
2. Rise of regional or global institutions, such as European Union, ASEAN, UN to which
individual countries defer either because they are too small engage in effective competition
international competition or because their economies are so weak to
3. Territorial borders had been made largely irrelevant by technological revolution in transport
and communications.

THE RISE OF NON-STATE ACTORS


A huge rise of non-state actors resulted from the occurrence above- mentioned. These
international organizations in the public and private sectors are set with higher objectives and
goals to participate in global governance and improving lives. This rise also created a new
landscape and new architectures of global governance wherein multi-sector partnerships are
present, such as transnational businesses.

THE UNITED NATION


One important example of a non-state actor, an international government' organization
(IGO) playing a vital role in the world's affairs, is the United Nations (UN). The United Nations
is an IGO designed to make the enforcement of international law, security, human rights,
economic development, and social progress easier for countries around the world.

The UN today is divided into five branches:


1. The UN General Assembly - is the main decision-making and representative assembly and is
responsible for upholding the principles of the UN through its policies and recommendations. It
is composed of all member states and headed by a president elected by the member states.
2. The UN Security Council - can authorize the deployment of UN member states' militaries,
can mandate a cease-fire during conflicts, and can enforce penalties on countries if they do not
comply with given mandates. It is composed of five permanent members and 10 rotating
members.
3.The International Court of Justice - can settle, according to international law, legal disputes
between States and give opinions, mostly advisory, on legal questions brought to it by UN
organs and agencies
4. The Economic and Social Council - assists the UN General Assembly in promoting
economic and social development, as well as cooperation of member states
5. The Secretariat - headed by the Secretary-General, provides studies, information, and other
dates when needed by other UN branches for their meetings

THE G20+ AND A NEW FRAMEWORK FOR GLOBAL


COOPERATION
As reiterated above, in a globally integrated world economy, the need for global
collective action and stability is almost universally recognized. The proposed new framework for
global economic cooperation, with a competent and accountable coordination body (the G20+)
and connected to a representative global system (the UN), aims to preserve global economic
stability and to ensure that the global economy continues to grow inclusively to benefit all
nations and peoples equitably. The core functions, structure, membership, and ties to the UN of
the G20+ within the wider new framework for global economic cooperation includes the
following integral functions:
1. Facilitate multi-stakeholder, cross-disciplinary dialogue and policy solutions
2. Promote inclusive economic reform 3. Enable global economic crisis response
LESSON 7 GENERAL PRINCIPLES OF INTERNATIONAL
LAW

Definition of Terms

International law laws that regulate relations of states and international


persons.
National law - laws that regulate individuals among themselves or
within the state.
Treaty - an international agreement conducted between states, in
written form and governed by international law, whether embodied in a
single instrument or in two or more related instruments, whatever its
particular designation (Art. 2 (1) (a), Vienna Convention on Law of
Treaties)

INTRODUCTION
International Law and National Law
International law regulates relations of states and international
persons. It is derived from treaties, international customs, and general
principles of law. If conflict arises, the same is resolved through state to
state transactions.

How does international law become a part of the law of the state?
There are two doctrines of adoption: doctrine of incorporation
and doctrine of transformation. The doctrine of incorporation is
mainly based under Section 2, Art. Il o the 1987 Constitution which
states that:
xxx the Philippines adopts the generally accepted principles of
International Law as part of the law of the land."

Thus, the generally accepted principles of international law are


considered as part of a state's national laws by reason of its membership
in the family of nations.

The doctrine of transformation requires the enactment by the


legislative body of such international law principles as are sought to be
part of municipal law (Coquia & Defensor-Santiago, 2005). This
doctrine must be related to the power of the President to enter into
treaties wherein rule and principles embodied in said treaties would be
transformed into Philippine law and would become valid and effective
upon the concurrence of two-thirds (2/3) of all the members of the
Senate (Sec. 21, Art. VII, 1987 Constitution.

INTERNATIONAL CONVENTIONS AND INTERNATIONAL


CUSTOMS

International conventions are international agreements concluded


between States, in written form, and governed by International Law,
embodied either in a single instrument or in two or more related
instruments and whatever its particular designation (Art. 2 (1) (a),
Vienna Convention on Law of Treaties).
Examples of bilateral treaties entered into by the Philippines are the
Mutual Defense Treaty with USA, signed on 30 August 1959; Visiting
Forces Agreement with USA, signed on 10 February 1998; and RP-US
Extradition Treaty with USA, signed on 13 November 1995.
At times, the Philippines also enter into multilateral treaties or
conventions with two or more states. An example of which is the 1982
United Nations Convention on the Law of the Sea (UNCLOS). Other
examples are the International Convention on Civil and Political Rights,
Rome Statute of the International Criminal Court, and Convention on the
Prevention and Punishment of the Crime of Genocide.
International customs, also known as customary law, consists of rules
of law derived from the consistent conduct of states, acting out of the
belief that the law required them to act that way (Aust, 2010). However,
for a custom to be deemed as an international custom, these two
elements must exist: state practice and opinion juris sive necessitates
("opinion of law or necessity").
State practice states that there must be evidence of substantial uniformity
of practice by a substantial number of states (Aust, 2010). In a leading
case rendered by the International Court of Justice, the case of North Sea
Continental Shelf Cases (Germany v. Denmark, IC), 1969), what is
required is that:
"xxxw within the period in question, short though it might be, State
practice, including that of States whose interests are specifically
affected, should have been both extensive and virtually uniform."
Proof of state practice are as follows: administrative acts, legislation,
court decisions, historical records, and international stage activities.
Opinion juris sive necessitates states the belief that the given practice is
rendered obligatory by the existence of a rule requiring it. Consequently,
the states concerned must feel that they are conforming to what amounts
to a legal obligation (North Sea Continental Shelf Cases) (Germany v.
Denmark, ICJ, 1969).
Kinds of international Jus Cogens and Obligations Erga Omnes
Jus cogens (Compelling Law) occupy another category of international
superseding conflicting treaties and customs which can neither be
derogated nor modified, except by a norm or similar character (Vinuya
v. Executive Secretary, G.R. No. 162230, April 28, 2010). Jus cogens
enjoy a higher rank in the international hierarchy than treaty law and
even ordinary customary rules (Prosecutor v. Furundzia, International
Criminal Tribunal for the former Yugoslavia, 1998). Examples of this
are norms on torture, racial discrimination, genocide, and piracy.

Obligations erga omnes ("towards all") refers to an obligation under


general international law that a state owes in any given case to the
international community, in view of its common values and its concern
for compliance, so that a breach of that obligation enables all States to
take action; or an obligation under a multilateral treaty that a state party
to the treaty owes in any given case to all the other state parties to the
same treaty, in view of their common values and concern for
compliance, so that a breach of that obligation enables to all these states
to take action (Vinuya v. Executive Secretary, G.R. No. 162230, April
28, 2010).
Examples of this are prohibitions of acts of aggression, on genocide, and
on the protection of basic human rights.

TREATIES

A treaty is an international agreement conducted between states, in


written form and governed by international law, whether embodied in a
single instrument or in two or more related instruments, whatever its
particular designation (Art. 2 (1) (a), Vienna Convention on Law of
Treaties)
BASIC PRINCIPLES CONCERNING TREATIES
Pacta tertiis nec nocent nec prosunt - "A treaty binds the parties and
only the parties"
Pacta sunt servanda - "Agreements must be kept" - Every treaty in
force is binding upon the parties to it and must be performed by them in
good faith (Art. 26, Vienna Convention on Law of Treaties).
Rebuc sic stantibus - "Things standing thus" - A fundamental change of
circumstances which has occurred with regard to those existing at the
time of the conclusion of a treaty, and which was not foreseen by the
parties, may be invoked as a ground for terminating or withdrawing
from the treaty if the existence for those circumstances constituted an
essential basis of the consent of the parties to be bound by the treaty and
the effect of the change is radically to transform the extent of the
obligations still to be performed under the treaty (Par. 1, Art. 62, Vienna
Convention on Law of Treaties).

Executive Agreement and Concordat

An executive agreement is an agreement concluded by the President


based on authority granted by Congress or based on the inherent
authority granted.
LESSON 8 STATES, NATIONALITY, AND STATELESSNESS

Definition of Terms
States are entities that have rights and responsibilities under
international law and which have the capacity to maintain their rights by
bringing international claims

Nationality - a legal bond having as its basis a social fact of attachment,


a genuine connection of existence, interests, and sentiments, together
with the existence of reciprocal rights and duties (Nottebohm Case
Liechtenstein v. Guatemala, 1955 ICJ 4)

Refugee - a person who, owing to a well-founded fear of being


persecuted for reasons of race, religion, nationality, membership of a
particular social group or political opinion, is outside the country of his/
her nationality, and is unable or, owing to such fear, is unwilling to avail
himself/herself of the protection of that country

INTRODUCTION
States
The elements of a state are as follows: permanent population, defined
territory, government, and capacity to enter into relations with other
states (Article 1, Montevideo Convention).
The population being pertained to does not have to be homogeneous
racially, ethically, tribally, religiously, linguistically, or otherwise. It
must be a settled population, though the presence of certain inhabitants
who are traditionally nomadic does not matter (Aust, 2010). As to the
territory, the size would not matter nor its boundaries be defined
definitively.

States are created through the following: (1) discovery and occupation;
(2) prescription; (3) cession; (4) accretion; and (5) conquest

State Recognition
State recognition is an act by which a state acknowledges the existence
of another state, government, or belligerent community and indicates its
willingness to deal with the entity as such under the rules of
international law (Nachura, 2016).

State recognition is a political act and mainly a matter of policy on the


part of each state. It is discretionary on the part of the recognizing
authority. It is exercised by the political department of the state. The
integration of a new state in the international community does not take
place automatically, but through co-optation, that is, by individual and
collective recognition on the part of already existing states (Sarmiento,
2009).

The principle of state continuity is being followed wherein once the


identity of a state as an international person has been fixed and its
position in the international community established, the State continues
to be the same corporate person whatever changes may take place in its
integral organization and government (Sarmiento, 2009).

Landmark Doctrines in State Recognition

Wilson/Tobar Doctrine - This doctrine precludes the recognition of


governments established by revolution, civil war, coup d'etat, or other
forms of internal violence until the freely elected representatives of the
people have organized a constitutional government (Sarmiento, 2009).

Betancourt Doctrine - This doctrine pertains to denial of diplomatic


recognition to any regime, right or left, which came to power by military
force (Sarmiento, 2009).
Liverpacht Doctrine - This doctrine precludes the recognition.
Stimson Doctrine-This doctrine precludes the recognition of any govern
established as a result of external aggression (Nachura, 2016),

Rights of States

The rights of states are as follows: Jurisdiction, equality, individual


collective self-defense, independence, and legation.
The right to independence means freedom from control by other
or group of states and not freedom from the restrictions that are on all
states forming the farmily of nations and carries with it by necess
implication the correlative duty of non-intervention (Nachura, 2016
Intervention is an act by which a state interferes with domestic or foreig
affairs of another state through the employment of force or threat of for
which may be physical, political, or economic (Nachura, 2016). bind

The right to equality is underpinned in the doctrine of equality of state


which provides that all states are equal in international law despite of the
obvious factual inequalities as to size, population, wealth, strength, and
degree of civilization.

In effect, when a question arises which has to be settled by consent,


every state has a right to one vote only. The vote of the weakest state has
as much weight as the vote of the most powerful. The courts of one state
do not as a rule question the validity of the official acts of another state
insofar as those att purport to take effect within the latter's jurisdiction
(Sarmiento, 2009).
The right to existence and self-defense provides that a state may take
measures including the use of force as may be necessary to counterac
any danger to its existence (Article 51, UN Charter). Aggression pertains
to the use of armed force by a state against the sovereignty, territoria
integrity, or political independence of another state, or in any other
manne inconsistent with the Charter of the United Nations (Article 1,
UN Genera Assembly Resolution No. 3314).

Nationality

Nationality is a legal bond having as its basis a social fact of attachment


a genuine connection of existence, interests, and sentiments, together
with the existence of reciprocal rights and duties (Nottebohm Case
Liechtensteiny Guatemala, 1955 ICJ 4). It is for each state to determine
under its own rules who are its nationals. This law shall be recognized
by other states insofar a it is consistent with international conventions,
international customs, and the principles of law generally recognized
with regard to nationality

Statelessness
Statelessness pertains to the status of having no nationality as a
consequence of being born without any nationality or as a result of
deprivation or loss of nationality (Nachura, 2016).

Refugees

or, A refugee is a person who, owing to a well-founded fear of being


persecuted for reasons of race, religion, nationality, membership of a
particular social group or political opinion, is outside the country of his
nationality and is unable c owing to such fear, is unwilling to avail
himself of the protection of that country. It includes stateless persons
who are outside the country of his habitual residence and is unable or,
owing to such fear is unwilling, to return to it (Par. A (2), Article 1,
Convention Relating to the Status of Refugees).

The principle of non-refoulement is a principle wherein in addition to


ot returning the refugee to his/her own state, he/she must not be sent to a
third state if his/her life or freedom would there be threatened on
account of his/her race, religion, nationality, membership of a particular
social group or social opinion (Par. 1, Article 33, Convention Relating to
the Status of Refugees).
LESSON 9 LAW OF THE SEA

Definition of Terms
Law of the sea- a body of international rules that binds states and other
subjects of international law in their maritime affairs
Baseline the line from which the outer limits of marine spaces under the
national jurisdiction of the coastal state are measured. It is also the line
distinguishing internal waters from the territorial sea.
Archipelagic state a state constituted wholly by one or more
archipelagos and may include other islands
Archipelago - group of islands, including parts of islands,
interconnecting waters, and other natural features which are so closely
interrelated that such islands, waters, and other natural features form an
intrinsic geographical, economic, and political entity or which
historically have been regarded as such

INTRODUCTION
Law of the Sea
The law of the sea is a body of international rules that binds states and
other subjects of international law in their maritime affairs. Its functions
are the spatial distribution of national jurisdiction and to ensure
cooperation between states (Tanaka, 2012)
The law of the sea have been governed by the following principles
principle of freedom, principle of sovereignty, and principle of the
common heritage of mankind. The principle of freedom aims to ensure
the freedom of the various uses of the oceans. The principle of
sovereignty seeks to safeguard the interests of coastal states. The
principle of the common heritage of mankind seeks to promote the
common interest of all people in present and future generations

This sew of the sea has been codified into four the Hague Conference for
the Codification of International Law (1930) the First United Nations
Conference on the Law of the Sea, 1958 (UNCLOS the Second United
Nations Conference on the Law of the Sea, 1960 (UNCLOS II) and the
Third United Nations Conference on the Law of the Sea, 1973-1982
(UNCLOS II)

Baselines
A baseline is the line from which the outer limits of marine spaces under
the national jurisdiction of the coastal state are measured. It is also the
line distinguishing internal waters from the territorial sea (Tanaka,
2012). A vital feature of maritime law is the baseline or the line from
which the breadth of the territorial sea and other maritime zones is
measured.

The types of baselines are as follows: normal baseline, straight


baseline, closing lines across river mouths and bays, and
archipelagic baselines. The normal baseline is the low-water line along
the coast as marked on large-scale charts officially recognized by the
coastal state (Article 5, UNCLOS III).
For drawing straight baselines, it must not depart to any appreciable
extent from the general direction of the coast. Certain sea areas lying
within these lines sufficiently closely linked to the land domain to be
subject to the regime of international waters. Certain economic interests
peculiar to the region, the reality and importance of which are clearly
evidenced by long use, should be taken into consideration (Article 7,
UNCLOS III),

Under the UNCLOS III, if a river flows directly into the sea, the baseline
shall be a straight line across the mouth of the river between points on
the low-water Ine of its banks. Anent the rule on bays, customary law
has allowed the coastal state to draw a closing line across the entrance of
a bay, where the landward waters from the closing line have become
internal waters (Tanaka, 2012).

Archipelagic Baselines

Under Par. (a), Art. 46, UNCLOS III, an archipelagic state is a state
constituted wholly by one or more archipelagos and may include other
islands. An archipelago is a group of islands, including parts of islands,
interconnecting waters, and other natural features which are so closely
interrelated that such islands, waters, and other natural features form an
intrinsic geographical, economic, and political entity or which
historically have been regarded as such. (Par. (b), Art. 46, UNCLOS III),

In other words, to constitute an archipelago, the following must exist:


existence of a group of islands, historical practice, existence of an
intrinsic geographical economic and political entity, and compactness or
adjacency of islands

There are two kinds of archipelago: coastal and outlying or mid-


Coastal archipelago refers to a group of islands situated so close to a
main land that they may be considered a part thereof, forming more or
less an outer coastline from which it is natural to measure the marginal
seas. Outlying mid-ocean archipelago refers to a group of islands
situated in the ocean at such distance from the coasts of firm land as to
be considered as an whole rather than forming part of our outer coastline
of the mainland, independent Or

Straight Archipelagic Baselines

Under Part, Article 47, UNCLOS III, an archipelagic state may draw
straight archipelagic baselines joining the outermost islands and drying
reefs of the Article 47 of UNCLOS III provides for the rules on drawing
archipelagic archipelago. baselines, to wit:

1.The archipelagic waters must include main islands, and the ratio of the
area of the water to the area of the land, including atolls, is between 1 to
1 and 9 to 1:
2. The length of the baselines shall not exceed 100 nautical miles (nm),
however, up to 3 percent of the total number of baselines enclosing any
archipelago may exceed that length, up to a maximum length of 125 nm;
3. The drawing of baselines shall not depart to any appreciable extent
from the general configuration of the archipelago;
4. The baselines shall not be drawn to and from low-tide elevations,
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 distance not exceeding the breadth of the
territorial sea from the nearest island;

5. The system of baselines shall not be applied in such a manner as to


cut off from the high seas or the exclusive economic zone the territorial
sea of another state;

6.part of the archipelagic waters of an archipelagic state lies between


two parts of an immediately adjacent neighboring state, existing rights
and all other legitimate interests which the latter state has traditionally
exercised in such waters and all rights stipulated by agreement between
those states shall continue and be respected
7.For the purpose of computing the ration of water to land under
paragraph 1, land areas may include waters lying within the fringing
reefs of islands and atolls, including that part of a steep-sided oceanic
plateau which is enclosed or nearly enclosed by a chain of limestone
islands and drying reefs lying on the perimeter of the plateau;
8. The baselines shall be shown on charts of a scale adequate for
ascertaining their position. Alternatively, lists of geographical
coordinates of points, specifying the geodetic datum, may be submitted;
and
9. The state shall give due publicity to such charts or list of geographical
coordinates and shall deposit a copy of each such chart or list with the
UN
Secretary-General.
In the same vein, under Republic Act No. 9522, the baselines laws
are enacted by UNCLOS III state parties to mark-out specific base
points along their coasts from which baselines are drawn, either straight
or contoured, to serve as geographic stating points to measure the
breadth of the maritime zones and continental shelf.

This law effectively classified the Kalayaan Island Group and the
Scarborough Shoal as regime of islands, consistent with UNCLOS III
which manifests the Philippine State's responsible observation of its
pacta sunt servanda obligation (Magallona v. Ermita, G.R. No. 187167,
August 16, 2011).

Under the UNCLOS III, the archipelagic state, such as the


Philippines, has the following obligations: (1) Respect the traditional
fishing rights of third states; (2) Respect existing marine cables; (3) If a
part of the archipelagic waters lies between two parts of an immediately
adjacent neighboring state, existing rights and all other legitimate
interests which the neighboring state has traditionally exercised in such
waters and all rights stipulated by agreement between the archipelagic
state and the neighboring state shall continue to be respected; and (4)
Provide the right of innocent passage and that of archipelagic sea lanes
passage.

Archipelagic sea lanes passage pertains to the exercise in accordance


with UNCLOS III of the rights of navigation and overflight in the
normal mode solely for the purpose of continuous, expeditious, and
unobstructed transit between one part of the high seas or an exclusive
economic zone and another part of the high seas or an exclusive
economic zone (Par. 3, Article 53, UNCLOS III).
Territorial Sea
A marine space under the territorial sovereignty of the coastal state up to
a limit not exceeding twelve (12) nautical miles measured from the
baselines.
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It comprises the seabed and its subsoil, the adjacent waters, and the
airspace Under Articles 20-25 of the UNCLOS III, a state has the
following obligations pertaining to its territorial sea:

1.Protection of navigational aids, cables, and pipelines


2. Conservation of marine living resources
3. Overall environmental protection and scientific research
4. prevention of the infringement of custom fiscal immigration and
sanitary laws.
5.Ensuring the safety of navigation
6. Taking necessary steps to prevent passage which is not innocent

The right of innocent passage is the right of foreign merchant ships to


pass unhindered through the sea of a coast (Shaw, 2008). Under Articles
17-20 of the UNCLOS III, ships of all states, coastal or land-locked,
including foreign warships, are entitled to the right of innocent passage
through the territorial waters of a coastal state. Submarines are likewise
entitled, but while traversing the territorial sea, they are required to
navigate on the surface and to show their flag.
Exclusive Economic Zone (EEZ)

The EEZ is an area beyond and adjacent to the territorial sea, not
extending beyond 200 nautical miles from the baseline of the territorial
sea (Articles 55 & 57, UNCLOS III)

Continental Shelf

The continental shelf of a coastal state comprises the seabed and subsoi
of the submarine areas that extend beyond its territorial sea throughout
the natural prolongation of its land territory to the outer edge of the
continental margin, or to a distance of 200 nautical miles from the
baselines from which the breadth of the territorial sea is measured where
the outer edge of the continental marine does not extend up to that
distance (Art.76 UNCLOS III)

Under Article 77, UNCLOS III, the coastal state exercises over the
continental shelf sovereign rights for the purpose of exploring it and
exploiting its natural resources. The natural resources referred to consist
of the mineral and other nonliving resources of the seabed and the
subsoil together with living organisms belonging to sedentary species.

High Seas
The high seas are all parts of the sea that are not within an EEZ, the
territorial sea, internal waters or archipelagic waters (Article 86,
UNCLOS III) Under Article 89 of UNCLOS III, no state may subject
any part of the high seas to its sovereignty. Under Article 87 of the same
law, all states, including land-locked states, enjoy the freedoms of the
high seas. They are not absolute but must be exercised with due regard
for the interests of other states in their exercise of the same freedoms

International Tribunal for the Law of the Sea (ITLOS)

The UNCLOS created ITLOS, which consists of 21 judges elected


by the member states with a system in place to ensure geographic
balance. The Juridiction of the tribunal comprises of all disputes and
applications submitted to it in accordance with the UNCLOS and all
matters specifically provided for any other agreement which confers
jurisdiction on the tribunal

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