(English version) The Philippines: Republic Act No. 5446 of 18 September 1968 to Amend Section 1 of Republic Act 3046 (adopted from UN Treaty Series)

  • Summary

This legal document contains Republic Act (RA) No. 5446 of 18 September 1968 to Amend Section 1 of Republic Act 3046, which was to define the baselines of the Territorial Sea of the Republic of the Philippines. Section 1 of RA No. 3046 was amended in this RA No. 5446  for typological error. The basepoint and baselines of the territorial sea- not the 'archipelagic baseline' - of this RA No. 5446 are the same as those in RA No. 3046.

Notably, this RA was established before UNCLOS III with the legal framework for archipelagic states and associated legal concepts in 1982. This explains the use of the word "baselines of the territorial sea" rather than "archipelagic baseline" in both RA No. 3046 and 5446. Therefore, while the length of Line 27 (TONGQUILI.-Sumbasumba I.) was 259,400 Metres (140.065 nautical miles), exceeding the limit of 125 nautical miles for baselines enclosing archipelago provided in Article 47 of 1982 UNCLOS, this was not a violation of UNCLOS at the time of promulgation. However, this became a violation of UNCLOS until 2008 when the Philippines adopts RA No. 9522 amending RA No. 3046 and No. 5446 to [re]define the archipelagic baselines. 

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(English version) The Philippines: Republic Act (RA) No. 3046 of 17 June 1961 to Define the Baselines of the Territorial Sea of the Republic of the Philippines

  • Summary

This legal document contains the Republic Act (RA) No. 3046 of 17 June 1961 to Define the Baselines of the Territorial Sea of the Republic of the Philippines. Section 1 of this RA was amended in RA No. 5446 of 18 September 1968 for typological error. The basepoint and baselines of the territorial sea- not the 'archipelagic baseline' - of RA No. 3046 is also included in RA No. 5446.

Notably, this RA was established before UNCLOS III with the legal framework for archipelagic states and associated legal concepts in 1982. This explains the use of the word "baselines of territorial sea" rather than "archipelagic baseline". Therefore, while the Line 27 (TONGQUILI.-Sumbasumba I.). Therefore, while the length of Line 27 (TONGQUILI.-Sumbasumba I.) was 259,400 Metres (140.065 nautical miles), exceeding the limit of 125 nautical miles for baselines enclosing archipelago provided in Article 47 of 1982 UNCLOS, this was not a violation of UNCLOS at the time of promulgation. However, this became a violation of UNCLOS until 2008 when the Philippines adopts RA No. 9522 amending RA No. 3046 and No. 5446 to [re]define the archipelagic baselines. 

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(English version) Act No. 5 on the Indonesian Exclusive Economic Zone on 18 October 1983 (adopted from UN Treaty Series)

  • Summary

The legal document contains Act No. 5 on the Indonesian Exclusive Economic Zone promulgated in 1983, extended from the Declaration by the Government of Indonesia concerning the Exclusive Economic Zone of Indonesia on 21 March 1980. This document includes general provisions of the law (interpretation of terms frequently used within the article), interpretation of, sovereign rights. jurisdiction and duties of the Indonesian state over, rights and duties of foreign vessels within, principles of law enforcement, and codes of maritime operations (i.e. fisheries, installations of artificial islands) in the Indonesian exclusive economic zone. Notably, in Article 2 regarding the interpretation of the exclusive economic zone, it is the "baselines" rather than the "archipelagic baselines" mentioned to measure the EEZ.

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(English version) Declaration by the Government of Indonesia concerning the Exclusive Economic Zone of Indonesia 21 March 1980 (adapted from UN Treaty Series)

  • Summary

This legal document contains the Declaration by the Government of Indonesia concerning the Exclusive Economic Zone of Indonesia promulgated in 1980, before the United Nations Convention on the Law of the Sea III (UNCLOS III) in 1982. This document includes the interpretation of, sovereign rights and duties of the state of Indonesia over, the rights and duties of foreign vessels within, and the codes of maritime operation within the exclusive economic zone of Indonesia. Notably, the document clarifies "Noting that state practice indicates that the regime of an exclusive economic zone of 200 nautical miles has been accepted as part of the new international law of the sea." Finally, regarding the matter of delimitation of the exclusive economic zone, the document only mentions "the Indonesian Government is prepared, at an appropriate time, to enter into negotiations with the State concerned with a view to reach an agreement."

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(English version) Indonesia Act No. 6 of 8 August 1996 regarding Indonesian Waters

This legal document contains the English version of the Act No. 6 of 8 August 1996 regarding Indonesian Waters promulgated by the House of Representatives of the Republic of Indonesia in 1996. The document states the legal interpretation of, sovereignty, jurisdiction, and duties of the Indonesian state over, the rights and duties of foreign vessels and aircraft within, and codes of maritime operations (i.e. innocent passage,  cables laying...) within the Indonesian waters which includes the inland water,s, the archipelagic waters, and the territorial sea.  The Act also clarifies its premise that Indonesia as an archipelagic state has successfully campaigned for the legal concept of the archipelagic state into the UNCLOS in 1985, and thereby, and associated legal concepts such as archipelagic waters, archipelagic sea lanes for innocent passage,

Notably, Article 1.3 of the Act defines Archipelago as a group of islands, including parts of islands and water between said islands, and other natural manifestations, of which the reciprocal relationship is so close that the said islands, waters and other natural manifestations constitute one geographical, economic, security and defence and political unity of intrinsic nature". "Defence and security" was not provided in Article 46 of the UNCLOS that interpret the term of "Archipelago". Finally, Article 5.1 specifies that the baseline of the Indonesian Archipelago is drawn using archipelago's straight baseline, which was not included in Act No.5 in 1983.  

Document: Act No. 6 of 8 August 1996 regarding Indonesian Waters (adopted from UN Treaty Series)

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(English version) People's Republic of China Exclusive Economic Zone and Continental Shelf Act of 26 June 1998

  • Summary

This legal document contains the English version of the Exclusive Economic Zone and Continental Shelf Act of the People's Republic of China, promulgated in 1998. This document states the interpretation and measurements of. the rights and jurisdiction of the PRC within, the right and duties of foreign vessels within or passing through, and codes of delimitation of PRC's exclusive economic zone (EEZ) and continental shelf. Notably, in Article 8, 'security' is regarded as one purpose for the PRC's jurisdiction over the artificial islands, installations, and structures in the exclusive economic zone and the continental shelf. This was not provided in the UNCLOS regarding the interpretation of and jurisdiction of coastal states over the artificial installations in the EEZ.

 

 

 

 

 

 

 

 

 

 

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(English version) Declaration of the Government of the People's Republic of China on the baselines of the territorial sea on 15 May 1996

This legal article consists of the baselines of its territorial sea adjacent to its mainland and adjacent to the Xisha (Paracel) Islands, the latter is disputed territory between Vietnam and China. The baselines of both are composed of basepoints listed accordingly in the document.

Document:  Declaration of the Government of the People's Republic of China on the baselines of the territorial sea 15 May 1996 (English version, adopted from the United Nation database).

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(English version) People's Republic of China Law on the Territorial Sea and the Contiguous Zone on 25 February 1992

  • Summary

This legal document contains the People's Republic of China's (PRC) Law on the Territorial Sea and the Contiguous Zone promulgated on 25 February 1992, which has 17 articles. The document includes the interpretation and the measurement of, the PRC's jurisdiction in, and foreign vessels' rights and duties within the PRC's baseline, territorial sea, and continuous zone. Notably, Article 2 states "The PRC's territorial sea refers to the waters adjacent to its territorial land", and territorial land consists of Taiwan and the disputed islands such as Diaoyu Island, Xisha Islands, and Nansha (Spratly) Islands. Article 3 clarifies that the PRC territorial sea's baseline is "designated with the method of straight baselines formed by joining the various base points with straight lines" on the basis that its coast is intended in many places without clarifying the qualification method for islands vicinity to its coast to form the basepoints until 1996. Article 6 requires prior notice to and permission from the PRC government for military vessels to conduct innocent passage through the PRC territorial water., which is not provided in the United Nations Convention on the Law of the Sea. Finally, in Article 13, the prevention of infringement of its 'security' was also included as a purpose of its exercises of control over the contiguous zone, which is not stated in the UNCLOS on Coastal States' jurisdiction over its contiguous zone.

 

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(Vietnamese version) Vietnam Decree No. 104 on Foreign Naval Ships Making Visits to the Socialist Republic of Vietnam

Nghị định 104

Nghị định 71

 

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(Vietnamese version) Vietnam Decree No. 71 on Management of Activities of Persons, Vehicles, and Craft in Maritime Boundary Areas of the Socialist Republic of Viet Nam

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