(English version) Emergency (Essential Powers) Ordinance No. 7 in 1969

  • 28Summary

This legal document contains the English version of the Emergency (Essential Powers) Ordinance No. 7 1969, adopted by the Malaysian Federal Government in January 1969. This Ordinance declares that the breadth of the Malaysian territorial sea shall be 12 nautical miles except in specified areas which shall be measured in accordance with the Geneva Convention of 1958. Notably, the "territorial waters" mentioned in and for the purpose of the Continental Shelf Act 1966, the Petroleum Mining Act 1966, and the National Land Code and written laws relating to the land of Sarawak and Sabah, shall be up to only 3 nautical miles.

 


List of Continental Shelf Boundaries of Malaysia Defined by Geographical Coordinates

  • Summary

This legal document contains the List of Continental Shelf Boundaries of Malaysia Defined by Geographical Coordinates, established on 21 December 1979.


(English version) Malaysia Continental Shelf Act 1966 - Act No. 57 on 28 July 1966, as Amended by Act No. 83 of 1972

  • Summary

This legal document contains the English version of the Continental Shelf Act No.57 adopted by the Malaysian Federal Government on 28 July 1966 (thus the alternative name of "Act 1966"). The version of the Act in the document attached is the one after being amended by Act No.83 in 1972. The document includes the interpretation of "continental shelf", "natural resources", and "petroleum", and states the rights of the Federal Government with respect to the continental shelf, the regulation relating to petroleum exploitation & licensing,


(English vesion) Statement on 12 November 1982 of Vietnam on the Territorial Sea Baseline of Viet Nam

  • Summary

This legal document contains the Statement on 12 November 1982 by the Government of the Socialist Republic of Viet Nam on the Territorial Sea Baseline of Viet Nam. This legislation was adopted by the Standing Committee of the National Assembly of the Socialist Republic of Viet Nam in implementing the first paragraph of the 1977 Statement on the Territorial Sea, the Contiguous Zone, the Exclusive Economic Zone and the Continental Shelf. In this document, the baseline of Vietnam's territorial sea is connected by straight lines connecting the basepoints, from point 0 as starting point to Con Co Island (middle region of Vietnam). The baseline from Con Co Island up north to the mouth of the Tonkin Gulf will be established following the settlement of the closing line of the Gulf.

Notably, the starting basepoint, point 0, is located "in the sea" on the line linking Tho Chu Archipelago with Poulo Wai Island, which is also "the meeting point of the two baselines for measuring the breadth of the territorial sea of the Socialist Republic of Viet Nam and that of the People's Republic of Kampuchea" (PRK) agreed in 1979. However, there is no clarification of whether point 0 is a low-tide elevation with permanently-above sea level structure installation such as lighthouses or not. While point 0 can be categorized as a special case located in historical water as provided in Article 7.4 of the 1982 UNCLOS and the 1979 Bilateral Agreement mentioned above, its legal status shall be judged based on international recognition. Finally, Article 3 of the Statement claims that "the part of the gulf appertaining to Viet Nam constitutes the historic water. and is subjected to the juridical regime of internal waters". Nonetheless, the Agreement between the People's Republic of China and the Socialist Republic of Viet Nam on the Delimitation of Gulf on Tonkin signed in 2000 implies that the delimited water belongs to the regime of territorial seas, exclusive economic zones, and continental shelves.


(Vietnamese version) Statement on 12 November 1982 of Vietnam on the Territorial Sea Baseline of Viet Nam

  • Summary

This legal document contains the Vietnamese version of the Statement on 12 November 1982 by the Government of the Socialist Republic of Viet Nam on the Territorial Sea Baseline of Viet Nam.

The summary article of this document can be found at that of its English version.

 


(English version) Statement of Vietnam on 12 May 1977 on the Territorial Sea, the Contiguous Zone, the Exclusive Economic Zone and the Continental Shelf

  • Summary

This legal document contains the English version of the Statement of the Socialist Republic of Vietnam on the Territorial Sea, the Contiguous Zone, the Exclusive Economic Zone and the Continental Shelf, promulgated in 1977. The statement states the interpretation of and the legal status of the territorial sea, contiguous zone, the exclusive economic zone, the continental shelves, and the regime of islands of Vietnam.

There was no clarification regarding the measurement of the baseline of the territorial sea, which would be addressed later in the Statement on 12 November 1982 by the Government of the Socialist Republic of Viet Nam on the Territorial Sea Baseline of Viet Nam. Legal interpretation included in the Statement does not deviate from those provided in the 1982 UNCLOS which was established 5 years later with Vietnam as one of the contracting parties. Further extension on the sovereignty, sovereign rights, and jurisdiction of the state of Vietnam and the rights and duties of foreign vessels within the maritime zones mentioned in the first paragraph can be found in Vietnam's Law of the Sea adopted in 2012.


(Vietnamese version) Statement of Vietnam on 12 May 1977 on the Territorial Sea, the Contiguous Zone, the Exclusive Economic Zone and the Continental Shelf

This legal document contains the Vietnamese version of the Statement of the Socialist Republic of Vietnam on the Territorial Sea, the Contiguous Zone, the Exclusive Economic Zone, and the Continental Shelf, promulgated in 1977.

The summary article of this document can be found in that of its English version.

Document: Statement of the Socialist Republic of Vietnam on 12 May 1977 on the Territorial Sea, the Contiguous Zone, the Exclusive Economic Zone, and the Continental Shelf (adopted from canhsatbien.vn)


(English version) Vietnam Law of the Sea 2012

The document is the English version of Vietnam's Law of the Sea (LotS) adopted in 2012. This legal document includes scope and application of the Law, interpretation of terms of maritime zones, vessels types, Vietnam's coastal state jurisdictions, and legal status in those maritime zones, the rights and duties of other states in those maritime zones, and codes for maritime operations of foreign vessels, individuals, and organization. Apart from the innocent passage of foreign military vessels and the foreign states' rights to lay submarine cables and pipelines, the rest of the contents stated in Vietnam's Law of the Sea conforms to the 1982 United Nations Convention on the Law of the Sea (UNCLOS).

Article 12.2 of the Law requires prior notice to the competent Vietnamese authorities for innocent passage of foreign military vessels through Vietnam's territorial sea, which is not required as stated in the UNCLOS. Article 16.2 requires written consent of competent Vietnamese authorities for the laying of submarines cables and pipelines in Vietnam's exclusive economic zone (EEZ), which is also not stated in the UNCLOS. However, Article 2.2 states that the provision of an international treaty to which Vietnam is a contracting party shall prevail over Vietnam's LotS if there are differences between the two, which includes to the UNCLOS.

Document (PDF): Vietnam Law of the Sea (English version).


(Vietnamese version) Vietnam Law of the Sea 2012

  • Summary

The document contains the Vietnamese version of Vietnam's Law of the Sea (LotS) adopted in 2012. This legal document includes scope and application of the Law, interpretation of terms of maritime zones, vessels types, Vietnam's coastal state jurisdictions, and legal status in those maritime zones, the rights and duties of other states in those maritime zones, and codes for maritime operations of foreign vessels, individuals, and organization. Apart from the innocent passage of foreign military vessels and the foreign states' rights to lay submarine cables and pipelines, the rest of the contents stated in Vietnam's Law of the Sea conforms to the 1982 United Nations Convention on the Law of the Sea (UNCLOS).

Article 12.2 of the Law requires prior notice to the competent Vietnamese authorities for innocent passage of foreign military vessels through Vietnam's territorial sea, which is not required as stated in the UNCLOS. Article 16.2 requires written consent of competent Vietnamese authorities for the laying of submarines cables and pipelines in Vietnam's exclusive economic zone (EEZ), which is also not stated in the UNCLOS. However, Article 2.2 states that the provision of AN international treaty to which Vietnam is a contracting party shall prevail over Vietnam's LotS if there are differences between the two, which refers to the UNCLOS.

This summary is retrieved from the summary of the official English version of Vietnam Law of the Sea.


(English version) The Philippines Republic Act No. 9522 of 28 July 2008 to Define the Archipelagic Baselines and for other Purposes

  • Summary

This legal document contains "Republic Act No. 9522 of 28 July 2008 to Define the Archipelagic Baselines of the Philippines and for other Purposes". Section 1 of this RA shall be the amendment for Section 1 of RA No. 3046 and Section 1 of RA No. 5446 which amended RA No. 3046.

Notably, in this RA No. 9522, the Kalayaan Island Group and the Scarborough Shoal are treated as "Regime of Islands", as provided in Article 121 of UNCLOS. Therefore, their baselines are no longer a part of the Philippines' archipelagic baselines. This change also signifies the Philippines' respect for Article 5 of the ASEAN Declaration on the Conduct of Parties in the South China Sea. Finally, Section 1 of this RA has revised the Philippines' archipelagic baselines from Section 1 of RA No. 3046 and 5446 that there is no baseline of the archipelagic baselines enclosing archipelago that exceeds 125 nautical miles, as provided in Article 47 of UNCLOS 1982. In RA No. 3046 (in 1961) and 5446 (in 1968), Line 27 (TONGQUILI.-Sumbasumba I.) was 259,400 Metres (140.065 nautical miles), which had not been revised since 1982 until the adoption of RA No. 9522 in 2008.