Author Topic: Archipelagic Sea Lanes in order to regulate the passage of foreign vessels  (Read 7717 times)

Firenzi

  • Member
  • *****
  • Posts: 1492
Moderator's note: This thread was split off from Coast Watch - Philippines

===== ~~~ =====

Our government should establish an Archipelagic Sea Lanes in order to regulate the passage of foreign
Merchant vessels, foreign Navies, and foreign fishing boats / cum spies.

The Indonesian ASL which is posted below can be use as a guide or examples.








http://books.google.com.ph/books?id=e9z3h6uy7CYC&pg=PA176&lpg=PA176&dq=Indonesian+ASL&source=bl&ots=ZgVYL8g81F&sig
=LLe7SKdrTCXF1qZRvpvob5fqWvU&hl
=tl&ei=YoU9SsS4GoLmsQO16oG7Dw&sa=X&oi=book_result&ct=result&resnum=2

Wondering why our government legislators, maritime and defense officials cannot introduce an Archipelagic Sea Lanes for vessels
transitting \ our inland seas.

Who knows they may land war materiales / arms in some remote coast of our archipelago if our officials were sleeping
or natutulog sa pansitan. Like what happens in Mischief Reefs in 1990 or 1991 when Chinese military personnel disguised
as fishermen occupied our Mischief Reefs which is very near Palawan coast, where they built a military fortification while
our officials were sleeping.

« Last Edit: June 20, 2009, 09:12:55 PM by Adroth »
" Unhappy is the land that needs a hero "

" All Religion must be tolerated, for every man must get to Heaven in his own way. "

"Being gullible by supporting the corrupted status quo, is tragic.

" The radical of one century is the conservative of the next.  The radical invents the views. When he has worn them out, the conservative adopts them."
                    - Mark Twain  "

Adroth

  • Administrator
  • Member
  • *****
  • Posts: 29846
  • Logo from: www.proudlypinoy.org
    • http://www.adroth.ph
From UNCLOS: http://www.un.org/Depts/los/convention_agreements/texts/unclos/part4.htm

Article53

Right of archipelagic sea lanes passage

1. An archipelagic State may designate sea lanes and air routes thereabove, suitable for the continuous and expeditious passage of foreign ships and aircraft through or over its archipelagic waters and the adjacent territorial sea.

2. All ships and aircraft enjoy the right of archipelagic sea lanes passage in such sea lanes and air routes.

3. Archipelagic sea lanes passage means the exercise in accordance with this Convention of the rights of navigation and overflight in the normal mode solely for the purpose of continuous, expeditious and unobstructed transit between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone.

4. Such sea lanes and air routes shall traverse the archipelagic waters and the adjacent territorial sea and shall include all normal passage routes used as routes for international navigation or overflight through or over archipelagic waters and, within such routes, so far as ships are concerned, all normal navigational channels, provided that duplication of routes of similar convenience between the same entry and exit points shall not be necessary.

5. Such sea lanes and air routes shall be defined by a series of continuous axis lines from the entry points of passage routes to the exit points. Ships and aircraft in archipelagic sea lanes passage shall not deviate more than 25 nautical miles to either side of such axis lines during passage, provided that such ships and aircraft shall not navigate closer to the coasts than 10 per cent of the distance between the nearest points on islands bordering the sea lane.

6. An archipelagic State which designates sea lanes under this article may also prescribe traffic separation schemes for the safe passage of ships through narrow channels in such sea lanes.

7. An archipelagic State may, when circumstances require, after giving due publicity thereto, substitute other sea lanes or traffic separation schemes for any sea lanes or traffic separation schemes previously designated or prescribed by it.

8. Such sea lanes and traffic separation schemes shall conform to generally accepted international regulations.

9. In designating or substituting sea lanes or prescribing or substituting traffic separation schemes, an archipelagic State shall refer proposals to the competent international organization with a view to their adoption. The organization may adopt only such sea lanes and traffic separation schemes as may be agreed with the archipelagic State, after which the archipelagic State may designate, prescribe or substitute them.

10. The archipelagic State shall clearly indicate the axis of the sea lanes and the traffic separation schemes designated or prescribed by it on charts to which due publicity shall be given.

11. Ships in archipelagic sea lanes passage shall respect applicable sea lanes and traffic separation schemes established in accordance with this article.

12. If an archipelagic State does not designate sea lanes or air routes, the right of archipelagic sea lanes passage may be exercised through the routes normally used for international navigation.
The campaign to establish a Philippine equivalent to DARPA / DAPA / DSTA: http://adroth.ph/srdp_roadmap_darpa/

Don't get mad at China. GET EVEN. Join the movement to defy a Chinese "order".


Adroth

  • Administrator
  • Member
  • *****
  • Posts: 29846
  • Logo from: www.proudlypinoy.org
    • http://www.adroth.ph
Archipelagic Sea Lanes: Designation Factors and Effects on Operational Art
Authors: Mark F. Myer; NAVAL WAR COLL NEWPORT RI

http://www.stormingmedia.us/46/4603/A460363.html
 
Abstract: With the recent approval by the International Maritime Organization of Indonesia's proposal for partial archipelagic sea lane designation, operational planners must now consider what impact designated sea lane routes will have on employment of forces in the region. Furthermore, operational commanders must strive to obtain a firm understanding of the rights and responsibilities of transit regime through archipelagic waters. If Indonesia, or a future archipelago, fails to provide sufficient routes or otherwise impedes the use of all normal routes through archipelagic waters, the operational commander must be able to weigh the relative flexibility of utilizing or bypassing archipelagic sea lanes. Course of action development must take into account the operational impact of factors as diverse as operational protection, security, surprise, deception and logistics, in addition to the restrictions imposed on the scheme of maneuver and synchronization of forces into a crisis region. The United States must continue to be engaged both at the operational and strategic levels concerning maritime and, more specifically, archipelagic transit regimes. Policy makers must include the operational commander's perspective in any future dialogue. If the United States becomes lax or steps back from the process, the consequences may adversely affect the United States capacity to provide global reach through sea power.
The campaign to establish a Philippine equivalent to DARPA / DAPA / DSTA: http://adroth.ph/srdp_roadmap_darpa/

Don't get mad at China. GET EVEN. Join the movement to defy a Chinese "order".


Adroth

  • Administrator
  • Member
  • *****
  • Posts: 29846
  • Logo from: www.proudlypinoy.org
    • http://www.adroth.ph
The following article shows Indonesia's difficulties in enforcing the archipelagic sea lane concept -- which actually came about because of Indonesia.

====== ~~~ ======

Indonesian Archipelagic Sea Lanes
Publication:Semaphore - Issue 6, 2005
Newsletter of the Sea Power Centre Australia - Issue 6, April 2005

http://www.navy.gov.au/Publication:Semaphore_-_Issue_6,_2005

Indonesia is, both geographically and legally, an archipelagic nation. The concept that the nation is a single entity comprised of the entirety of the archipelagoes, their individual islands and surrounding waters, is a core Indonesian belief, known as Wawasan Nusantara (archipelagic outlook).[1] With this fundamental belief rooted in its national psyche, Indonesia was one of several states that successfully advocated special recognition for archipelagic states during a series of international negotiations, which culminated in the 1982 United Nations Law of the Sea Convention (LOSC). Indonesia was the first archipelagic nation to take advantage of the archipelagic regime provided by LOSC. Accordingly, Indonesia's initial proposal to designate archipelagic sea lanes (ASL) compelled the international community to consider how the theoretically derived legal provisions of the Convention were to be implemented.

LOSC represents a compromise between the growing jurisdiction of coastal states over their adjoining waters and the desire of other states to retain their historical freedom of the seas. This compromise is neatly illustrated in Part IV of LOSC, which deals with archipelagic states. It recognises the archipelagic state's sovereignty over its archipelagic waters, but requires that this sovereignty be subject to the regime of archipelagic sea lanes passage. For an archipelagic state to benefit from the regime in Part IV, it must meet two criteria. Firstly, it must satisfy the definition of an archipelagic state, and secondly it must draw its baselines in accordance with the LOSC provisions.

Article 46 of LOSC defines an archipelagic state as one that is 'constituted wholly by one or more archipelagos' and which may include other islands. An archipelago means a group of islands and other natural features which 'are so closely interrelated that such islands, waters and other natural features form an intrinsic geographical, economic and political entity, or which historically have been regarded as such.' In many respects, this definition embodies the Wawasan Nusantara concept.

An archipelagic state may draw straight baselines joining the outermost points of the outermost islands and drying reefs. The baselines must enclose the main islands of the archipelago, and the enclosed water to land ratio must be between 1:1 and 9:1. This requirement prevents island countries such as New Zealand or the United Kingdom, which are made up of a few dominant islands, from claiming archipelagic status. It also ensures that states with widely dispersed archipelagoes such as Kiribati and Tuvalu cannot draw baselines around small distant islands.[2] The waters within the straight baselines are called archipelagic waters. Each straight baseline must be less than 100nm in length but up to 3 per cent of the total number of baselines can be up to a maximum length of 125nm. This rather complex formula was designed with Indonesia's circumstances in mind, as Indonesia's longest straight baseline is 124nm.

An archipelagic state enjoys sovereignty over its archipelagic waters, and two passage regimes apply in all archipelagic waters: those of innocent passage and archipelagic sea lanes passage.

All vessels, including warships, enjoy the right of innocent passage through archipelagic waters, but the archipelagic state may temporarily suspend innocent passage, on a non-discriminatory basis, through specified areas when the suspension is essential for the protection of the state's security. Innocent passage requires a vessel to conduct continuous and expeditious transit in a manner that is not prejudicial to the peace, good order or security of the archipelagic state.

An archipelagic state may designate ASL, and corresponding air routes, which are suitable for continuous and expeditious passage through the archipelago. Article 53(9) of LOSC requires a cooperative approach between the archipelagic state and the international community before ASLs can be formally promulgated. If it wishes to designate ASLs, the archipelagic state must refer the proposal to the 'competent international organisation' with a view to their adoption. That organisation may only adopt such ASLs as may be agreed with the archipelagic state, after which the archipelagic state may designate them.

The phrase 'competent international organisation' is not explained in the text of LOSC but in 1994 the UN Division of Ocean Affairs and Law of the Sea published a list of UN bodies expert in particular subject areas. The International Maritime Organisation (IMO) was acknowledged as the relevant competent organisation for the purposes of LOSC Article 53. The IMO was created by international convention to assist states in adopting 'the highest practicable standards in matters concerning maritime safety, efficiency of navigation and prevention and control of marine pollution from ships'.[3] The IMO provides guidance on ships routing systems, which includes guidance on the adoption, designation and substitution of ASL.

An archipelagic state does not have to designate ASL, but if it does, LOSC Article 53(4) requires that the designation include all normal passage routes used for international navigation. It is this requirement to designate all routes that came under special scrutiny in light of Indonesia's proposal.

The passage regime that applies in ASLs -archipelagic sea lanes passage (ASLP) - permits transiting vessels to operate in their normal mode. Normal mode is a more lenient regime than innocent passage. For example, a submarine can transit submerged through an ASL but must transit on the surface while undertaking innocent passage, and a ship may launch and recover aircraft in an ASL but may not do so on innocent passage. Importantly, while an archipelagic state may suspend innocent passage on a temporary basis for security reasons, it cannot suspend ASLP under any circumstances.

Until an archipelagic state has completely designated its ASLs, vessels can exercise ASLP through all routes normally used for international navigation. Once a complete ASL designation has been made, vessels are restricted to exercising the right of ASLP through those lanes, and can only conduct innocent passage through the remaining archipelagic waters.

Indonesia is the first and, to date, only archipelagic state to seek to designate its ASLs. Indonesia formally submitted its ASL proposal to the 67th session of the Maritime Safety Committee (MSC) of the IMO in May 1996. It worked closely with the United States and Australia, representing all user states, in formulating this proposal for three north-south ASLs through the archipelago.[4] Because key routes such as an east-west passage were not included, Indonesia's approach was not entirely consistent with the requirement of Article 53(4) to propose 'all normal routes used for international navigation.' Nonetheless, the IMO accepted that the proposal would be a partial designation only and that, until such time as Indonesia had designated all normal routes as ASL, the right to ASLP would continue to apply in the remaining non-designated routes. In 1998, the IMO formally adopted this partial system of ASL in Indonesian waters,[5] thus demonstrating its willingness to accommodate individual cases within the apparent confines of the LOSC.

Indonesia proclaimed the three north-south ASLs in Government Regulation No. 37 of 2002. Article 15 of this Regulation states that foreign ships and aircraft may only exercise the right of ASLP through the routes designated in that Regulation. Article 3 paragraph 2 states 'the right of archipelagic sea lane passage in other parts of Indonesian waters can be conducted after such a sea lane has been designated in those waters for the purpose of this transit.'[6] This implied that ships transiting through other routes would be limited to innocent passage. This view appeared to be supported by the 'elucidation' of Regulation 37 annexed to the IMO's Safety of Navigation Circular, which stated 'foreign ships planning to navigate [through the archipelago] may do so with the exercise of the right of innocent passage in the Indonesian waters equally within the archipelagic sea lanes or beyond the archipelagic sea lanes.' [7]

The implications for maritime states' merchant and military fleets caused some concern and several nations raised the issue through diplomatic channels. During the MSC meeting in June 2003, the Indonesian delegate read from a prepared statement confirming that the nature of the Indonesian designation was a partial one and that Indonesia had confirmed this on repeated occasions in various IMO fora.[8] The delegate noted Indonesia's responsibility for the safety of shipping transiting its waters and stated that much more technical and hydrographic work needed to be done before the designation of all normal routes of passage as ASLs could be completed. However, the delegate did refer to the 'basic problem' of identifying what constitutes a normal route.

In the international arena, Indonesia maintains that its ASL designation is only partial and accepts the right of ASLP is available to transiting vessels that navigate through normal routes used for international navigation. However, documents such as Regulation 37 and notices to mariners[9] take a clearly contrary view: Indonesian law states that the only right of passage outside the three designated ASLs is that of innocent passage. This disparity between Indonesia's international and domestic position poses a difficulty for transiting vessels.

The MSC has stated that the 'IMO shall retain continuing jurisdiction over the process of adopting archipelagic sea lanes until such time that sea lanes including all normal passage routes have been adopted.'[10] Where a partial designation has been adopted, the archipelagic state is obliged to periodically advise on its plans for conducting further surveys and 'is ultimately required to propose for adoption archipelagic sea lanes including all normal passage routes and navigational channels'. No time frame is given for this to occur.

It is in Indonesia's interests to designate all normal routes as ASLs. Once it has fully designated its ASLs, transiting vessels will be restricted to exercising ASLP only in those ASLs, and will be limited to innocent passage through the rest of the archipelago. Until this is completed, Indonesia will have difficulty in enforcing its domestic law against transiting vessels.

Further work on the designation of its ASLs would reassure the user states that Indonesia is moving to resolve the differences between its international obligations and its domestic law.
« Last Edit: June 20, 2009, 10:27:52 PM by Adroth »
The campaign to establish a Philippine equivalent to DARPA / DAPA / DSTA: http://adroth.ph/srdp_roadmap_darpa/

Don't get mad at China. GET EVEN. Join the movement to defy a Chinese "order".


anak ni sarge

  • Ambulance
  • Member
  • *****
  • Posts: 4366
  • Awesome!
Here's the problem with the ASL:

If we designated ASL in and around our archipelago, there's no telling how foreign vessels will exploit the same. Imagine a foreign 'commercial' vessel passing through the Visayas, for example. If in the future, we'll have a major air or naval base or even just a major industrial hub somewhere in the Central Philippines and an ASL is close by, a foreign 'commercial' vessel can pass through and spy on the base(s) or industrial hub.

PN won't be able to stop it from passing through since the vessel is using the ASL.

This is one of the reasons why the Philippines is insisting on an international accord, as presented before the UN, (or has it given up?) wherein all waters in between islands in an archipelago should be considered territorial, and that all islands comprising the archipelago should be regarded as if contiguous to protect the sovereignity and security of the country.

BTW, we have already discussed this about a year ago when we tackled the Archipelagic Law.
PN according to Manokski:
"something gray with a side number on it that floats"
PAF according to Ramon J. Farolan:
"we are now basically a helicopter fleet"
PA according to drkula
"it is better to talk forever than fight forever"


  Anak ni sarge

"Applying the standards of the rest of the country for what is acceptable and logical behavior in order to predict what this group of people will do is dangerous and can be faulty. Too many analysts and military commanders have already made that same mistake."
ka nognog

Firenzi

  • Member
  • *****
  • Posts: 1492
Here's the problem with the ASL:

If we designated ASL in and around our archipelago, there's no telling how foreign vessels will exploit the same. Imagine a foreign 'commercial' vessel passing through the Visayas, for example. If in the future, we'll have a major air or naval base or even just a major industrial hub somewhere in the Central Philippines and an ASL is close by, a foreign 'commercial' vessel can pass through and spy on the base(s) or industrial hub.

PN won't be able to stop it from passing through since the vessel is using the ASL.

This is one of the reasons why the Philippines is insisting on an international accord, as presented before the UN, (or has it given up?) wherein all waters in between islands in an archipelago should be considered territorial, and that all islands comprising the archipelago should be regarded as if contiguous to protect the sovereignity and security of the country.

BTW, we have already discussed this about a year ago when we tackled the Archipelagic Law.

Even if there is no ASL foreign vessel can still pass our inland sea by virtue of the International law of " Rights of Innocent Passage" and they can choose which islands they want to pass in transitting our territory from east to west, vice versa or from south to north. With ASL we can regulate the passage of foreign vessels.


" Unhappy is the land that needs a hero "

" All Religion must be tolerated, for every man must get to Heaven in his own way. "

"Being gullible by supporting the corrupted status quo, is tragic.

" The radical of one century is the conservative of the next.  The radical invents the views. When he has worn them out, the conservative adopts them."
                    - Mark Twain  "

Firenzi

  • Member
  • *****
  • Posts: 1492
My rough proposals for Archipelagic Sea Lanes  in the Philippine archipelago



Vessels from Indonesia and Western Australia traversing the Macassar Strait enroute to Hongkong, China, and Taiwan can use ASL Alpha and Charlie.

Vessels from Indonesia and Northern Australia / Darwin traversing the Indonesia's
Banda Sea Molucca Sea can use ASL Bravo and Charlie.

Other ASL Routes which is Delta, Echo, and Foxtrot is self explanatory.

Other vessel coming from Macassar Strait and Molucca Sea enroute to Japan can pass
south of Mindanao in the boundary between Indonesia and Philippiines.

Not practical and danger to Navigation if many foreign vessels sailing from west to east,
vice versa, if they will use San Bernardino Strait which is between Sorsogon and Northern Samar. San Bernardino Strait should be closed to foreign vessels not calliing any Philippine ports.  They can use either ASL Charlie or Delta.

ASL Foxtrot which is near Palawan coast as usual is use by vessels coming from Singapore Strait enroute to China, Taiwan, and Japan during Northeast Monsoon.


« Last Edit: June 21, 2009, 02:03:19 AM by Firenzi »
" Unhappy is the land that needs a hero "

" All Religion must be tolerated, for every man must get to Heaven in his own way. "

"Being gullible by supporting the corrupted status quo, is tragic.

" The radical of one century is the conservative of the next.  The radical invents the views. When he has worn them out, the conservative adopts them."
                    - Mark Twain  "

anak ni sarge

  • Ambulance
  • Member
  • *****
  • Posts: 4366
  • Awesome!
Even if there is no ASL foreign vessel can still pass our inland sea by virtue of the International law of " Rights of Innocent Passage" and they can choose which islands they want to pass in transitting our territory from east to west, vice versa or from south to north. With ASL we can regulate the passage of foreign vessels.

Absolutely correct.

Which is why the Philippines wanted to include all water surrounding each and every island in the whole archipelago to its territory regardless of the distance between and among the islands. The Philippines wants to draw a line from the edges of the Babuyan Island down to the tip of Palawan, then to the outer fringes of the Sulu Archipelago, circle back up to the easternmost edges of the Visayas, then all the way up to again to Babuyan.

What happened to this Philippine proposal, by the way?
PN according to Manokski:
"something gray with a side number on it that floats"
PAF according to Ramon J. Farolan:
"we are now basically a helicopter fleet"
PA according to drkula
"it is better to talk forever than fight forever"


  Anak ni sarge

"Applying the standards of the rest of the country for what is acceptable and logical behavior in order to predict what this group of people will do is dangerous and can be faulty. Too many analysts and military commanders have already made that same mistake."
ka nognog

Firenzi

  • Member
  • *****
  • Posts: 1492
Absolutely correct.

Which is why the Philippines wanted to include all water surrounding each and every island in the whole archipelago to its territory regardless of the distance between and among the islands. The Philippines wants to draw a line from the edges of the Babuyan Island down to the tip of Palawan, then to the outer fringes of the Sulu Archipelago, circle back up to the easternmost edges of the Visayas, then all the way up to again to Babuyan.

What happened to this Philippine proposal, by the way?


Even if the Philippines draw all kinds or whatever lines around our Archipelago still our country have to follow the International Law of "Rights of Innocent Passage" for foreign vessels to pass our territorial sea. This rights of innocent passage can be regulated by the UN approved Archipelagic Sea Lanes which was first introduced by Indonesia.

Do you think Indonesia, Australia, Japan, and other countries will not get angry if we don't allow their ships to pass our inland sea on their route to Vietnam, Hongkong, China, Japan, and vice versa, etc. Or from west to East / Singapore Strait to Marianas or US Mainland. or East to west etc.

It is not possible to go against the International Law on Rights of Sea passage.

How about Philippine ships enroute to Pert, Freemantlle, etc in Western Australia from the Philippine ports or Japanese ports  and vice versa.  Should the Philippine ship looks for another route and bypassed the Indonesian Archipelago which is the largest in the world ? Have you seen the Charts / Maps, I have posted. Indonesia is from the western tip of Sumatral island and up to Papua which is more than 3,000 miles. Of course the
Indonesian ASL is the shortest route.

The Indonesians have studied already all the complications so they established the ASL and they were the one who first introduce ASL which is also within the UN International Maritime Organization's Law of Sea Conference.
« Last Edit: June 21, 2009, 02:31:38 AM by Firenzi »
" Unhappy is the land that needs a hero "

" All Religion must be tolerated, for every man must get to Heaven in his own way. "

"Being gullible by supporting the corrupted status quo, is tragic.

" The radical of one century is the conservative of the next.  The radical invents the views. When he has worn them out, the conservative adopts them."
                    - Mark Twain  "

anak ni sarge

  • Ambulance
  • Member
  • *****
  • Posts: 4366
  • Awesome!
Nevermind. I got my competent answers already from Adroth's Indonesian Archipelagic Sealanes post.

http://www.navy.gov.au/Publication:Semaphore_-_Issue_6,_2005

And this is what troubles me with the ASL:

An archipelagic state does not have to designate ASL, but if it does, LOSC Article 53(4) requires that the designation include all normal passage routes used for international navigation. It is this requirement to designate all routes that came under special scrutiny in light of Indonesia's proposal.

The passage regime that applies in ASLs -archipelagic sea lanes passage (ASLP) - permits transiting vessels to operate in their normal mode. Normal mode is a more lenient regime than innocent passage. For example, a submarine can transit submerged through an ASL but must transit on the surface while undertaking innocent passage, and a ship may launch and recover aircraft in an ASL but may not do so on innocent passage. Importantly, while an archipelagic state may suspend innocent passage on a temporary basis for security reasons, it cannot suspend ASLP under any circumstances.


« Last Edit: June 21, 2009, 02:35:48 AM by anak ni sarge »
PN according to Manokski:
"something gray with a side number on it that floats"
PAF according to Ramon J. Farolan:
"we are now basically a helicopter fleet"
PA according to drkula
"it is better to talk forever than fight forever"


  Anak ni sarge

"Applying the standards of the rest of the country for what is acceptable and logical behavior in order to predict what this group of people will do is dangerous and can be faulty. Too many analysts and military commanders have already made that same mistake."
ka nognog

Firenzi

  • Member
  • *****
  • Posts: 1492
Nevermind. I got my competent answers already from Adroth's Indonesian Archipelagic Sealanes post.

http://www.navy.gov.au/Publication:Semaphore_-_Issue_6,_2005

And this is what troubles me with the ASL:

An archipelagic state does not have to designate ASL, but if it does, LOSC Article 53(4) requires that the designation include all normal passage routes used for international navigation. It is this requirement to designate all routes that came under special scrutiny in light of Indonesia's proposal.

The passage regime that applies in ASLs -archipelagic sea lanes passage (ASLP) - permits transiting vessels to operate in their normal mode. Normal mode is a more lenient regime than innocent passage. For example, a submarine can transit submerged through an ASL but must transit on the surface while undertaking innocent passage, and a ship may launch and recover aircraft in an ASL but may not do so on innocent passage. Importantly, while an archipelagic state may suspend innocent passage on a temporary basis for security reasons, it cannot suspend ASLP under any circumstances.



I reckoned owing to numerous reefs, shoals, and limiting depths in our inland sea except in Palawan Passage and in Batanes, it will be difficult for submarines to transit submerged in our planned  / proposed ASL. They can run aground.................
« Last Edit: June 21, 2009, 04:01:01 AM by Firenzi »
" Unhappy is the land that needs a hero "

" All Religion must be tolerated, for every man must get to Heaven in his own way. "

"Being gullible by supporting the corrupted status quo, is tragic.

" The radical of one century is the conservative of the next.  The radical invents the views. When he has worn them out, the conservative adopts them."
                    - Mark Twain  "

Firenzi

  • Member
  • *****
  • Posts: 1492

Tempest in high seas


Roque said that while Palmas, Marore and Merampit are only small islands, they are important because they lie close to the "strategic axis" linking the Pacific and Indian Oceans.

"The establishment of archipelagic sea lanes between Cape San Agustin and Palmas over which the Philippines has sovereignty enables the country, possibly in cooperation with Indonesia, to monitor, control and maintain surveillance of sensitive maritime jurisdictions," Roque said."Such monitoring and control is vital to the security and economic interests of the Philippines since major population centers, industrial zones and ports of Mati, Davao City, General Santos, Cotabato, Pagadian and Zamboanga are directly accessible from these sea lanes," he added.

http://www.malaya.com.ph/mar13/edtorde.htm
" Unhappy is the land that needs a hero "

" All Religion must be tolerated, for every man must get to Heaven in his own way. "

"Being gullible by supporting the corrupted status quo, is tragic.

" The radical of one century is the conservative of the next.  The radical invents the views. When he has worn them out, the conservative adopts them."
                    - Mark Twain  "

Firenzi

  • Member
  • *****
  • Posts: 1492
http://www.baird-online.com/index.php?option=com_content&view=article&id=1963:the-philippine-baselines-why-the-big-hullabaloo&catid=100:general-interest&Itemid=207


From Commodore Carlos L Agustin AFP (Ret)

One of the foremost proponents of the archipelago doctrine, the Philippines declared itself as an archipelago together with Indonesia and Mauritius when the doctrine was passed by the UN during UNCLOS III in 1982.

Having done so, we needed to submit our definition of our archipelagic sealanes passage and we could not do so unless we have perfected our baselines in accordance with the UNCLOS.


Indonesia has complied, and I was present at that meeting in London when the designation of its archipelagic sealanes was submitted by its delegation to the International Maritime Organisation Council, I believe in 1990.

The significance of the archipelagic baselines is that the waters within will not be considered territorial waters but rather as archipelagic waters, in which case the archipelagic state has the right to designate archipelagic sealanes rather than allow totally uncontrolled navigation from high seas to high seas passing through.
Indonesia had likewise been asking us, during our bilateral boundary delimitation talks, to give the location of our archipelagic sealanes so that they may integrate the same for the passage between Sulawesi Sea and the China Sea through our waters.

In 2006 I attended one such bilateral meeting in Jakarta on August 4-7, 2004 and in fact informed them about what the Philippine Coast Guard had prepared as a passage through Philippine waters, which was obviously tentative.

Thus there was a need to enact a new law amending the archipelagic baselines, in order to conform to the requirements of Article 47 of the UNCLOS that the points connected by the baselines must not exceed 100 nautical miles, except that three percent of the total number may go beyond 100 but not exceed 125 nautical miles, which RA 3046 as amended by RA 5446 violated.

http://www.baird-online.com/index.php?option=com_content&view=article&id=1963:the-philippine-baselines-why-the-big-hullabaloo&catid=100:general-interest&Itemid=207
« Last Edit: June 22, 2009, 05:43:30 AM by Firenzi »
" Unhappy is the land that needs a hero "

" All Religion must be tolerated, for every man must get to Heaven in his own way. "

"Being gullible by supporting the corrupted status quo, is tragic.

" The radical of one century is the conservative of the next.  The radical invents the views. When he has worn them out, the conservative adopts them."
                    - Mark Twain  "

Firenzi

  • Member
  • *****
  • Posts: 1492
" Unhappy is the land that needs a hero "

" All Religion must be tolerated, for every man must get to Heaven in his own way. "

"Being gullible by supporting the corrupted status quo, is tragic.

" The radical of one century is the conservative of the next.  The radical invents the views. When he has worn them out, the conservative adopts them."
                    - Mark Twain  "

bustero

  • MBAC 21
  • Member
  • *****
  • Posts: 1925
This is not really that new, we do have regulations and treaties for this.

For those who want more information regarding the matter. The article written by Commodore Agustin in the link posted by firenze above gives a good background on baselines / UNCLOS discussion. It's in Maritime League magazine (which actually has a lot of good articles but is not online) as well.