Archipelagic States’ Implementation Of The Law Of The Sea Convention: Indonesia And The Philippines, Major Archipelagic States

1918 words - 8 pages

The United Nations Convention on the Law of the Sea (UNCLOS) also called the Law of the Sea Convention (LOSC) or the Law of the Sea treaty defines the rights and responsibilities of nations in their use of the world's oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources.
The LOSC 1982 was the most radical change among the first and second LOSC due to recognition of the mid-oceanic archipelago states as new regimes of the traditional maritime regimes which established the archipelagic water enclosed from the outermost islands . It declared on the fourth part of the LOSC, consist of nine articles, which give an outline of new regimes at sea . This new regime can be depicted in four main attributes; the definition of archipelagic states as their legal status , consist of the legal right to draw baselines , the legal environment of archipelagic states, which enables archipelagic states to measure their portion of sea zones from their established archipelagic baselines.
This essay will discuss the principles of archipelagic state under the LOSC, Furthermore, will review Indonesia and the Philippines as the two largest archipelagic states in the world in implementing the LOSC‘s regulation over their status as archipelagic states.

2. Principles of Archipelagic States
The part IV of LOSC affirms the legal substances on archipelago states as follows as follows; archipelagic state status , water enclosed by archipelagic baselines , and the right of navigating on the archipelagic water . This agreement established the island states’ parties to have benefited by increasing of the area of the sea. On the other hand, the states have a responsibility to provide access at sea and air to other countries that will traverse the archipelagic waters. The States should designate the archipelagic sea lanes (ASL) as mandated by Article 53. Moreover, the United Nations (UN) recently acknowledges 20 states are practicing it , and only one country has submitted the designation archipelagic sea lanes.
The first legal substance is on article 46 (1)(2) gives the status of states with state islands to bind by the name of archipelagic states and excludes mainland states that have several islands off their coast because they are not closely interrelated and historically have not been regarded as archipelagic states .
Secondly, Consequent to the concept of archipelagic states is the archipelagic waters or the waters within or enclosed by the archipelagic straight baseline system which falls under the special legal regime have a right to draw their baselines in regard to article 47 that archipelagic states may draw straight archipelagic baselines from the outermost point of the outermost islands and drying reef with the ratio of land to water within the lines not more than 1:1 and not less than 1: 9 and prevent states with a few large islands close together from drawing archipelagic baselines such as Cuba,...

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