Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Selected Works

2013

Water

Articles 1 - 3 of 3

Full-Text Articles in Law

The Philippine Treaty Limits And Territorial Water Claim In International Law, Lowell Bautista Nov 2013

The Philippine Treaty Limits And Territorial Water Claim In International Law, Lowell Bautista

Lowell Bautista

The fundamental position of the Philippines regarding the extent of its territorial and maritime boundaries is based on two contentious premises: first, that the limits of its national territory are the boundaries laid down in the 1898 Treaty of Paris which ceded the Philippines from Spain to the UnitedStates; and second, that all the waters embraced within these imaginary lines are its territorial waters. The position of the Philippine Government is contested in the international community and runs against rules in the Law of the SeaConvention, which the Philippines signed and ratified. This situation poses two fundamental unresolved issues of …


The Historical Background, Geographical Extent And Legal Bases Of The Philippine Territorial Water Claim, Lowell Bautista Nov 2013

The Historical Background, Geographical Extent And Legal Bases Of The Philippine Territorial Water Claim, Lowell Bautista

Lowell Bautista

The Philippine territorial water claim is unique in international law. On the basis of historic right of title, the Philippines claims a rectangular territorial sea fully enclosing the entirety of the archipelago, which at some points exceed 12 nautical miles in breadth. The 1982 Law of the Sea Convention, which the Philippines signed and ratified, prescribes the maximum breadth of the territorial sea at 12 nautical miles. For this reason, the Philippine territorial sea claim has been criticized for being excessive. This paper will discuss and clarify the historical background, geographical extent, and legal bases of the Philippine territorial water …


Towards A Legal Framework For A Single National Ballast Water Management Scheme In Australia, Ben M. Tsamenyi, Stuart B. Kaye, Alison Castle Mar 2013

Towards A Legal Framework For A Single National Ballast Water Management Scheme In Australia, Ben M. Tsamenyi, Stuart B. Kaye, Alison Castle

Professor Ben M Tsamenyi

Introduced Marine Pests (IMPs) pose a serious threat to marine biodiversity in Australia. There are many ways pests are introduced into the marine environment. The major vectors for IMPs are ballast water, ship fouling, accidental introductions due to mariculture and deliberate introduction. The focus of this paper is on the administrative and legislative response to the introduction of IMPs through ballast water. Historically, ballast water accounts for only 15-20 per cent of the invasive marine species found in Australia. Ballast water is, however, becoming the major threatening vector in the last two decades. The current ballast water legislative and administrative …