The right of innocent passage refers to the right of foreign vessels to freely navigate in the territorial sea of another State without conducting activities that prejudice said State’s interests.1 2 It is akin to an easement or servitude whereby one has a right in relation to another’s property. Innocent passage through the territorial sea of a State over which…
Not all the maritime zones of the 1982 United Nations Convention on the Law of the Sea (LOSC) are automatically ascribed to a State. The LOSC provides, among others, the different maritime zones as we know them. Among these are the Territorial Sea, Contiguous Zone, Continental Shelf and the Exclusive Economic Zone (EEZ). It is important to note – a…
In the first week of April, the International Maritime Organization (IMO) showed massive support agreeing to include maritime corruption as a regular work item on its agenda. A paper on the topic of maritime corruption was presented by the Marshall Islands with many countries and international organizations expressing their endorsement of a proposal to develop guidelines to assist all stakeholders…
Air pollution from cars and factories has been regulated in much of the world since the 1970s. When it comes to the smoke-belching ships that carry global trade, the rules have been a lot looser. Big changes start next January, though, when long-debated standards from the International Maritime Organization mandate steep cuts of sulfur emissions associated with respiratory disease and…
SUMMARY The Sino-US trade war is a symptom of strategic rivalry and great power transition; The trade war has both risks (loss of profit margins for intermediate goods) and opportunities (trade diversion) for the Philippines; The Philippines needs to diversify commercial markets and intensify free trade agreements to buffer the impact of trade wars; The Philippines should employ means to…
The International Maritime Organization (IMO) has launched a new logo for its Women in Maritime program, as part of its mission to support the United Nations Sustainable Development Goal 5: Achieve gender equality and empower all women and girls. Program lead Helen Buni said: “The IMO Women in Maritime program supports the participation of women in both shore-based and sea-going…
This year is a milestone year for the global hydrographic community. 100 years ago or in June 1919, the 1st International Hydrographic Conference was held in London. It marks the beginning towards the creation of an international bureau for hydrography. Today, the International Hydrographic Organization (IHO) is the authoritative worldwide hydrographic body which actively engages all coastal and interested States…
I have been going back and forth to Canada for the last 10 years visiting my son’s family, staying in for six to eight months and I have observed and read about how a federal government works. Canada is located on the northern boundary of the of United States which lies in the south of Canada, and extends to the…
A Regional Meeting of Asia’s leading seafaring nations has highlighted the plight seafarers face in the event of a maritime accident and has pledged to lead the drive towards proper and effective implementation of the International Maritime Organization (IMO) and International Labor Organization (ILO) agreed Guidelines on the Fair Treatment of Seafarers. The Regional Meeting, held in Manila on 13-November,…
The International Chamber of Shipping (ICS) and the International Transport Workers’ Federation (ITF) have jointly released new Guidelines for implementing the Welfare Aspects of the Maritime Labour Convention (MLC). Adopted by the International Labor Organization (ILO) in 2006, the MLC aims to ensure comprehensive worldwide protection and enforcement of the rights of seafarers and to establish a level playing field…
Between 2014 and 2016, Greenpeace had been tracking Thailand’s rogue fishing vessels, and found that as many as 76 vessels with Thai flags had moved their operations to the Saya de Malha Bank area off the coast of east Africa to avoid being policed on illegal unreported and unregulated (IUU) fishing, and slave seafaring. Despite all international pressure on Thailand,…
The Consultative Committee has presented to President Rodrigo R. Duterte the Draft Federal Constitution. Below are some comments that may be made in respect of the provision on National Territory contained in the draft that has been released online. ARTICLE I NATIONAL TERRITORY SECTION 1 The Philippines has sovereignty over its territory, consisting of the islands and waters encompassed by…
Recognizing the archipelagic and maritime nature of the country, then President Fidel V Ramos issued in 1994 the National Marine Policy (NMP) to guide various stakeholders in the maritime community, especially those in government, in managing the “blue economy.” The policy contains four key areas: Politics and Jurisdiction, Area Regulation and Enforcement, Area Development and Conservation, and Maritime Security. Although…
Denmark presented its plan to ratify the 2010 International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea (HNS). The Convention aims to provide compensation for costs, including clean up and restoring the environment in case of an incident involving HNS cargoes. With entry into force of the convention, access…
Introduction There appears to be much disagreement, if not chaos, arising from discussions on certain law of the sea concerns of the Philippines. Politics is clearly a factor here, but undeniably, there is likewise an issue concerning the appreciation of the law(s). As a sovereign state, the Philippines has a government and exercises sovereignty over its subjects and its territory….
The filing of a case against China was a historic moment in Philippine foreign relations: it was the first time that the Philippines resorted to an international judiciary to settle a political dispute.1 In retrospect, the effort was well worth it, at least from a legal standpoint. On 12-July-2016, three years since filing the case on 22-January-2013, the Philippines secured…
Seafarers’ rights to Shore Leave have been strengthened through amendments, which entered into force globally on 1-January-2018, under the revised treaty, which aims to achieve the smooth transit in ports of ships, cargo and passengers. The amendments to the Convention on Facilitation of International Maritime Traffic (FAL Convention) also bring in a new requirement for national governments to introduce electronic…
Officials from various government entities in the Philippines have received training in how to develop a National Maritime Transport Policy (NMPT). The concept is being promoted by IMO as a good governance practice to guide planning, decision making and legislation in the maritime sector, and as a key driver for a country’s sustainable development. The event took place in Manila,…
Part I Introduction: Laying the foundation for ocean governance in the South China Sea maritime region, defining the concern relating to the coastal and marine environment, and prescribing the ocean governance approach. On the occasion of the 20th ASEAN-China Summit on 13-November-2017, the Heads of States/Governments of ASEAN Member States and the People’s Republic of China proclaimed 2017-2027 a decade…
Many security challenges beset the nation as it welcomes 2018. At the domestic front, the continuing violent activities of the terrorists and other lawless armed groups in Mindanao and Sulu Sea necessitate extension of martial rule and increased deployment of security forces. Apart from armed conflict the detrimental effects of ecological imbalance brought about and expected to induce calamities and…
17-November-2017. Russian President Vladimir Putin gathered a group of top-level shipping executives at the Kremlin to encourage them to fly the Russian flag and direct their business to a Russian shipyard. Attendees included top-level leaders from Rosneft, Gazprom, Novatek and the United Shipbuilding Corporation. Putin has previously asked Russian shipowners to commit to ordering newbuilds at the new Zvezda shipyard…
Introduction: Archipelagic and Maritime Philippines, an ICZM case study and proposition for ASEAN Vision 2025. The ocean management concerns of the Philippines as an archipelagic State encompass its archipelagic and internal waters, territorial sea, exclusive economic zone, and continental shelf (including a possible Extended Continental Shelf). The same situation exists for the two other archipelagic States in the Central Indo-Pacific…
The Philippines will be hosting the 31st ASEAN Summit later this year, at mid-century of its founding and into the second year of the establishment of the ASEAN Economic Community (AEC) in 2015. The 50th year of the ASEAN also marks a milestone with the implementation of the AEC Blueprint 2025, which is the second phase of constructing the AEC….
Introduction The maritime issues under consideration in this article relates to the establishment of a legal order and durable regional ocean governance mechanism addressing non-traditional maritime security concerns, initially concentrated on the South China Sea giving prominence to a narrowed ASEAN-China context, but eventually extrapolated to a large maritime setting that is the seas of the ASEAN and the Central…
With the disputes concerning the West Philippine Sea in the South China Sea and recently, the issues surrounding Benham Rise, we see how the United Nations Convention on the Law of the Sea or the Law of the Sea Convention (LOSC)1 affects the maritime entitlements of the Philippines. It is indeed imperative for the Philippine state, a maritime nation, to…