Maritime zonesMaritime zones

Maritime ZonesMaritime ZonesInternal watersInternal waters.. Waters on the landward side of the Waters on the landward side of the

baseline. The coastal state exercises full sovereignty, baseline. The coastal state exercises full sovereignty, and these waters form an integral part of the state’s and these waters form an integral part of the state’s territory. Includes rivers, lakes and bays.territory. Includes rivers, lakes and bays.

Territorial SeaTerritorial Sea. . The belt of water 12 nautical miles from The belt of water 12 nautical miles from

from the baseline. The sovereignty of the coastal state from the baseline. The sovereignty of the coastal state extends to the territorial sea, its seabed and subsoil, and extends to the territorial sea, its seabed and subsoil, and to the air space above it. That sovereignty is subject to the air space above it. That sovereignty is subject solely to the right of innocent passage for foreign ships.solely to the right of innocent passage for foreign ships.

Contiguous ZoneContiguous Zone. . The belt of water contiguous to the The belt of water contiguous to the territorial sea, the outer limit of which does not exceed territorial sea, the outer limit of which does not exceed 24 nautical miles from the baseline. The coastal state 24 nautical miles from the baseline. The coastal state exercises control necessary its customs, fiscal, exercises control necessary its customs, fiscal, immigration or sanitary laws.immigration or sanitary laws.

UNCLOS. Legal status of the territorial sea,UNCLOS. Legal status of the territorial sea,of the air space over the territorial seaof the air space over the territorial sea

and of its bed and subsoiland of its bed and subsoil

1. The 1. The sovereigntysovereignty of a coastal State extends of a coastal State extends beyond its beyond its land territory and internal watersland territory and internal waters and, and, in the case of an archipelagic State, its in the case of an archipelagic State, its archipelagic waters, to an adjacent belt of sea, archipelagic waters, to an adjacent belt of sea, described as the described as the territorial seaterritorial sea..

2. This sovereignty extends to the 2. This sovereignty extends to the air spaceair space over over the territorial sea as well as to its the territorial sea as well as to its bedbed and and subsoilsubsoil..

Innocent PassageInnocent PassagePassage not prejudicial to the peace, good order or security Passage not prejudicial to the peace, good order or security

of the coastal Stateof the coastal StateNot innocent:Not innocent:

(a) any threat or use of force against the sovereignty, (a) any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal territorial integrity or political independence of the coastal State, ….State, ….(b) any exercise or practice with weapons of any kind;…(b) any exercise or practice with weapons of any kind;…(g) the loading or unloading of any commodity, currency (g) the loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or or person contrary to the customs, fiscal, immigration or sanitary laws and regulations of the coastal State;sanitary laws and regulations of the coastal State;(h) any act of wilful and serious pollution contrary to this (h) any act of wilful and serious pollution contrary to this Convention;Convention;(i) any fishing activities;(i) any fishing activities;(j) the carrying out of research or survey activities;(j) the carrying out of research or survey activities;

Territorial BaselinesTerritorial Baselines

The line from which the maritime zones are measured.The line from which the maritime zones are measured.

Drawn at the Drawn at the low water linelow water line along the coast, including the coasts along the coast, including the coasts of islands.of islands.

Straight baselinesStraight baselines are a system of straight lines joining specified are a system of straight lines joining specified or discrete points on the low-water line. “Must not depart to or discrete points on the low-water line. “Must not depart to any appreciable extent from the general direction of the coast, any appreciable extent from the general direction of the coast, and the sea areas lying within the lines must be sufficiently and the sea areas lying within the lines must be sufficiently closely linked to the land domain to be subject to the regime closely linked to the land domain to be subject to the regime of internal waters.”of internal waters.”

Bay- or river-closing lines are straight lines drawn between the Bay- or river-closing lines are straight lines drawn between the respective low-water lines of the natural entrance points of respective low-water lines of the natural entrance points of bays or riversbays or rivers

BaysBays

““A well-marked indentation whose A well-marked indentation whose penetration is in such proportion to the penetration is in such proportion to the width of its mouth as to contain land-width of its mouth as to contain land-locked waters and constitute more than a locked waters and constitute more than a mere curvature of the coast. [I]ts area mere curvature of the coast. [I]ts area [must be at least] as large as [a] semi-[must be at least] as large as [a] semi-circle whose diameter is a line drawn circle whose diameter is a line drawn across the mouth of that indentation.”across the mouth of that indentation.”

High SeasHigh Seas

Not subject to the sovereignty or jurisdiction of any state

Subject to the freedom of the high seas, namely:a) freedom of navigation;a) freedom of navigation;(b) freedom of overflight;(b) freedom of overflight;(c) freedom to lay submarine cables and pipelines(c) freedom to lay submarine cables and pipelines(d) freedom to construct artificial islands and other (d) freedom to construct artificial islands and other

installationsinstallations(e) freedom of fishing(e) freedom of fishing(f) freedom of scientific research(f) freedom of scientific research

Continental ShelfContinental Shelf

““The natural prolongation of its land territory to the The natural prolongation of its land territory to the outer edge of the continental margin”outer edge of the continental margin”

Consists of the seabed and subsoil of the shelf, Consists of the seabed and subsoil of the shelf, the slope and the risethe slope and the rise

Extends to at most 200 nautical miles from the Extends to at most 200 nautical miles from the baselinesbaselines

Largely coextensive with the Exclusive Economic Largely coextensive with the Exclusive Economic Zone likewise covering 200 nautical miles from Zone likewise covering 200 nautical miles from the baselinesthe baselines

Can be extended to the outer edge of the Can be extended to the outer edge of the continental margincontinental margin

Continental ShelfContinental Shelf

Continental ShelfContinental Shelf

Exclusive Economic ZoneExclusive Economic ZoneThe area beyond the territorial sea, not exceeding 200 The area beyond the territorial sea, not exceeding 200

nautical miles from the baseline.nautical miles from the baseline.

The coastal state has The coastal state has sovereign rightssovereign rights– for the purpose of exploring and exploiting, for the purpose of exploring and exploiting,

conserving and managingconserving and managing– all natural resources of the waters all natural resources of the waters superjacent to the superjacent to the

seabed andseabed and– of the seabed and its subsoilof the seabed and its subsoil– together with other activities such as the production of together with other activities such as the production of

energy from water, currents and windenergy from water, currents and wind– the establishment and use of artificial islands, the establishment and use of artificial islands,

installations and structures, marine scientific installations and structures, marine scientific research, the protection and preservation of the research, the protection and preservation of the marine environmentmarine environment

US Exclusive Economic ZoneUS Exclusive Economic Zone

International Sea-LanesInternational Sea-Lanes

1898 Treaty of Paris1898 Treaty of ParisTreaty of Peace Between the Treaty of Peace Between the

United States and SpainUnited States and Spain(10 December 1898)(10 December 1898)

Article 3. Spain cedes to the United Article 3. Spain cedes to the United States the States the archipelagoarchipelago known as the known as the Philippine Islands, and Philippine Islands, and comprehending comprehending the islands lying within the following the islands lying within the following lineline: ….: ….

Felipe Agoncillo's Protest to the US Felipe Agoncillo's Protest to the US Senate during the debates on the Senate during the debates on the

Treaty of ParisTreaty of Paris

““If the Spaniards have not been able to transfer to the Americans If the Spaniards have not been able to transfer to the Americans the rights which they did not possess;the rights which they did not possess;if the [Americans] have not militarily conquered positions in the if the [Americans] have not militarily conquered positions in the Philippines;Philippines;if the occupation of Manila was a resultant fact, prepared by the if the occupation of Manila was a resultant fact, prepared by the Filipinos;Filipinos;if the … representatives of the Republic of the USA offered to if the … representatives of the Republic of the USA offered to recognize the independence and sovereignty of the Philippines, recognize the independence and sovereignty of the Philippines, solicited and accepted their alliancesolicited and accepted their alliancehow can they now constitute themselves as arbiters of the control, how can they now constitute themselves as arbiters of the control, administration and future government of the Philippine Islands?”administration and future government of the Philippine Islands?”

Maritime Zones under the UNCLOSMaritime Zones under the UNCLOSInternal Waters Subject to sovereignty

BaselinesNormal. Low-water line along the coast.Straight. If coast is deeply indented.Archipelagic. Outermost points of outermost islands and reefs

Landward waters are considered internal waters. Subject to sovereignty

Territorial Sea Subject to sovereignty

Contiguous Zone Subject to jurisdiction for customs, fiscal, immigration or sanitary controls

Exclusive Economic Zone Sovereign rights to explore and exploit natural resources

Continental Shelf (submerged prolongation of landmass)

Sovereign rights to explore and exploit natural resources

Constitutional Framework of Philippine Constitutional Framework of Philippine Treaty Obligations under the UNCLOSTreaty Obligations under the UNCLOS

No treaty or international agreement shall be No treaty or international agreement shall be valid and effective unless concurred in by at valid and effective unless concurred in by at least two-thirds of all the Members of the least two-thirds of all the Members of the Senate. (ConstSenate. (Const. . art. VII sec. 21)art. VII sec. 21)The Philippines adopts the generally The Philippines adopts the generally accepted principles of international law as accepted principles of international law as part of the law of the land. (Constpart of the law of the land. (Const. . art. II sec. art. II sec. 2)2)

Philippine ConstitutionPhilippine ConstitutionThe National Territory (Article 1)The National Territory (Article 1)

The national territory comprises the Philippine The national territory comprises the Philippine archipelagoarchipelago, , with all the islands and waters embraced with all the islands and waters embraced thereintherein, and all other territories over which the , and all other territories over which the Philippines has Philippines has sovereignty or jurisdictionsovereignty or jurisdiction, consisting , consisting of its terrestrial, fluvial and aerial domains, of its terrestrial, fluvial and aerial domains, including its including its territorial sea, the seabed, the subsoil, the insular territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areasshelves, and other submarine areas. The waters . The waters around, between, and connecting the islands of the around, between, and connecting the islands of the archipelago, regardless of their breadth and archipelago, regardless of their breadth and dimensions, form part of the dimensions, form part of the internal watersinternal waters of the of the Philippines.Philippines.

Itemization of National TerritoryItemization of National Territory

Comprises the Philippine Comprises the Philippine archipelago, with all the archipelago, with all the islands and waters embraced thereinislands and waters embraced therein

The waters around, between, and connecting the The waters around, between, and connecting the islands of the archipelago, regardless of their islands of the archipelago, regardless of their breadth and dimensions, form part of the breadth and dimensions, form part of the internal internal waterswaters of the Philippines of the Philippines

Comprises Comprises sovereignty or jurisdictionsovereignty or jurisdiction, consisting of its , consisting of its terrestrial, fluvial and aerial domains,terrestrial, fluvial and aerial domains,including its including its territorial sea, the seabed, the subsoil, the insular territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areasshelves, and other submarine areas. .

Constitutional ImplicationsConstitutional Implications

The State shall pursue an independent foreign policy. In its relations The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national with other states, the paramount consideration shall be national sovereignty, sovereignty, territorial integrityterritorial integrity, national interest, and the , national interest, and the right to right to self-determinationself-determination. (Const. (Const. . art. II sec. 7)art. II sec. 7)The State shall The State shall protectprotect the nation's marine wealth in its archipelagic the nation's marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone. (Constwaters, territorial sea, and exclusive economic zone. (Const. . XII XII sec. 2)sec. 2)All lands of the public domain, All lands of the public domain, waterswaters, , mineralsminerals, coal, , coal, petroleumpetroleum, , and other mineral oils, and other mineral oils, all forces of potential energyall forces of potential energy, , fisheriesfisheries, , forests or timber, forests or timber, wildlifewildlife, , flora and faunaflora and fauna, and other natural , and other natural resources are resources are owned by the Stateowned by the State. …. (Const. …. (Const. . XII sec. 2)XII sec. 2)The Armed Forces of the Philippines is the protector of the people The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and and the State. Its goal is to secure the sovereignty of the State and the the integrity of the national territoryintegrity of the national territory. (Const. (Const. . II sec. 3)II sec. 3)

Mischief ReefMischief Reef

An island???An island???

Mischief ReefMischief Reef

IslandsIslandsIsland (Article 123.1)•A naturally formed area of land•Surrounded by water•Above water at high tide

Generates its own territorial sea, contiguous zone, EEZ and continental shelf

Rocks (Article 123.3)•Cannot sustain human habitation•No economic life of its own

Generate own territorial sea and contiguous zoneBut no EEZ or continental shelf

Artificial islands (Article 60.8) Not islands. No territorial sea, EEZ, continental shelf. Do not affect delimitation.

Low-tide elevations (Article 13). •Naturally formed•Surrounded by water•Above water at low tide, submerged at high tide.

May be used to draw baseline.If beyond territorial sea, does not have territorial sea of its own.

Mischief ReefMischief Reef

Pulau Pulau Sipadan/LigitaSipadan/Ligitann

Pulau SipadanPulau Sipadan

Aerial Photo of Pulau SipadanAerial Photo of Pulau Sipadan

BaselinesBaselines

Normal baselineNormal baseline. Except where otherwise provided in this . Except where otherwise provided in this Convention, the normal baseline for measuring the breadth of the Convention, the normal baseline for measuring the breadth of the territorial sea is the low-water line along the coast as marked on territorial sea is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State. large-scale charts officially recognized by the coastal State. (UNCLOS art. 5)(UNCLOS art. 5)

Archipelagic baselinesArchipelagic baselines. An archipelagic State may draw straight . An archipelagic State may draw straight archipelagic baselines joining the outermost points of the outermost archipelagic baselines joining the outermost points of the outermost islands and drying reefs of the archipelago . (UNCLOS art. 47 sec. islands and drying reefs of the archipelago . (UNCLOS art. 47 sec. 1)1)The drawing of such baselines shall not depart to any appreciable The drawing of such baselines shall not depart to any appreciable extent from the general configuration of the archipelago. (UNCLOS extent from the general configuration of the archipelago. (UNCLOS art. 47sec. 3).art. 47sec. 3).

ArchipelagoArchipelagoArchipelagic StateArchipelagic State: a State constituted wholly : a State constituted wholly by one or more archipelagos and may include by one or more archipelagos and may include other islandsother islandsArchipelagoArchipelago: a group of islands, including : a group of islands, including parts of islands, interconnecting waters and parts of islands, interconnecting waters and other natural features which are so closely other natural features which are so closely interrelated that such islands, waters and interrelated that such islands, waters and other natural features form an intrinsic other natural features form an intrinsic geographical, economic and political entity, or geographical, economic and political entity, or which historically have been regarded as which historically have been regarded as such. (UNCLOS art. 46)such. (UNCLOS art. 46)

Old Philippine Baselines LawOld Philippine Baselines LawAn Act to Define the Baselines of the Territorial Sea of the PhilippinesAn Act to Define the Baselines of the Territorial Sea of the Philippines

(17 June 1961), as amended by Republic Act No. 5446, (17 June 1961), as amended by Republic Act No. 5446, An Act to An Act to Amend Section One of the RA 3046, Entitled "An Act to Define the Amend Section One of the RA 3046, Entitled "An Act to Define the Baselines of the Territorial Sea of the Philippines"Baselines of the Territorial Sea of the Philippines"(18 September (18 September 1968).1968).““All the waters around, between and connecting the various islands All the waters around, between and connecting the various islands of the Philippine archipelago, irrespective of their width or of the Philippine archipelago, irrespective of their width or dimension [are] necessary appurtenances of the land territory, dimension [are] necessary appurtenances of the land territory, forming part of the forming part of the inland or internal watersinland or internal waters of the Philippines. of the Philippines.In addition, “all the waters beyond the outermost islands of the In addition, “all the waters beyond the outermost islands of the archipelago archipelago but within the limits of the [Treaty of Paris]but within the limits of the [Treaty of Paris] comprise the comprise the territorial seaterritorial sea of the Philippines. of the Philippines.Finally, this statute indicates that the baselines will consist of Finally, this statute indicates that the baselines will consist of straight linesstraight lines joining appropriate points of the outermost islands of joining appropriate points of the outermost islands of the the archipelagoarchipelago..

UNCLOS againUNCLOS again

INTERNAL WATERSINTERNAL WATERS[W]aters on the landward side of the baseline of the territorial sea [W]aters on the landward side of the baseline of the territorial sea form part of the internal waters of the State. (UNCLOS art. 12 sec. form part of the internal waters of the State. (UNCLOS art. 12 sec. 1)1)Within its archipelagic waters, the archipelagic State may draw Within its archipelagic waters, the archipelagic State may draw closing lines for the delimitation of internal waters. (UNCLOS closing lines for the delimitation of internal waters. (UNCLOS art. 50)art. 50)

TERRITORIAL SEATERRITORIAL SEAThe sovereignty of a coastal State extends, beyond its land territory The sovereignty of a coastal State extends, beyond its land territory and internal waters and, in the case of an archipelagic State, its and internal waters and, in the case of an archipelagic State, its archipelagic waters, to an adjacent belt of sea, described as the archipelagic waters, to an adjacent belt of sea, described as the territorial seaterritorial sea..2. This sovereignty extends to the air space over the territorial sea 2. This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil. (UNCLOS art. 2)as well as to its bed and subsoil. (UNCLOS art. 2)

ICJ StatuteICJ Statute

The states parties to the present Statute may at any time The states parties to the present Statute may at any time declare that they recognize as compulsory declare that they recognize as compulsory ipso factoipso facto and and without special agreement, without special agreement, in relation to any other state in relation to any other state accepting the same obligationaccepting the same obligation, the jurisdiction of the , the jurisdiction of the Court in all legal disputes. (art. 38)Court in all legal disputes. (art. 38)PHILIPPINE RESERVATIONSPHILIPPINE RESERVATIONS: (i) in respect of the : (i) in respect of the natural resources of the sea-bed and subsoil of the natural resources of the sea-bed and subsoil of the continental shelf of the Philippines, or its analogue in an continental shelf of the Philippines, or its analogue in an archipelago; or (ii) in respect of the territory of the archipelago; or (ii) in respect of the territory of the Republic of the Philippines, including its territorial seas Republic of the Philippines, including its territorial seas and inland watersand inland waters

Other Relevant Marcos Other Relevant Marcos IssuancesIssuances

Presidential Proclamation No. 370, Presidential Proclamation No. 370, Declaring as Declaring as Subject to the Jurisdiction and Control of the Subject to the Jurisdiction and Control of the Republic of the Philippines all Mineral and other Republic of the Philippines all Mineral and other Natural Resources in the Continental ShelfNatural Resources in the Continental Shelf (20 (20 March 1968).March 1968).

Presidential Decree No. 1599, Presidential Decree No. 1599, Establishing an Establishing an Exclusive Economic Zone and for other Exclusive Economic Zone and for other purposespurposes (11 June 1978). (11 June 1978).

Kalayaan Islands GroupKalayaan Islands GroupPresidential Decree No. 1596, Presidential Decree No. 1596, Declaring Certain Area Part Of The Declaring Certain Area Part Of The Philippine Territory And Providing For Their Government And Philippine Territory And Providing For Their Government And AdministrationAdministration (11 June 1978). (11 June 1978).WHEREAS, by reason of their proximity the cluster of islands and WHEREAS, by reason of their proximity the cluster of islands and islets in the South China Sea situated within the following: Kalayaan islets in the South China Sea situated within the following: Kalayaan Islands Group are vital to the security and economic survival of the Islands Group are vital to the security and economic survival of the Philippines;Philippines;WHEREAS, much of the above area is part of the continental margin WHEREAS, much of the above area is part of the continental margin of the Philippine archipelago;of the Philippine archipelago;WHEREAS, these areas do not legally belong to any state or nation WHEREAS, these areas do not legally belong to any state or nation but, by reason of history, indispensable need, and effective but, by reason of history, indispensable need, and effective occupation and control established in accordance with the occupation and control established in accordance with the international law, such areas must now deemed to belong and international law, such areas must now deemed to belong and subject to the sovereignty of the Philippines;subject to the sovereignty of the Philippines;WHEREAS, while other states have laid claims to some of these WHEREAS, while other states have laid claims to some of these areas, their claims have lapsed by abandonment and can not prevail areas, their claims have lapsed by abandonment and can not prevail over that of the Philippines on legal, historical, and equitable groundsover that of the Philippines on legal, historical, and equitable grounds

2 Modes for Fixing the Baselines2 Modes for Fixing the BaselinesOPTION 1OPTION 1: Full archipelagic treatment (UNCLOS art. 47) : Full archipelagic treatment (UNCLOS art. 47)

(embodied in the bill approved by the House of (embodied in the bill approved by the House of Representatives), which will encompass the entire Representatives), which will encompass the entire Philippine territory – including the disputed islands – within Philippine territory – including the disputed islands – within archipelagic baselinesarchipelagic baselines

OPTION 2OPTION 2: Mixed archipelagic plus a regime of islands : Mixed archipelagic plus a regime of islands (embodied in the bill approved by the Philippine Senate (embodied in the bill approved by the Philippine Senate and adopted by the Bicameral Conference Committee)and adopted by the Bicameral Conference Committee)(a)(a) For the For the uncontesteduncontested islands (presumably covering islands (presumably covering all the islands within the treaty lines under the 1898 Treaty all the islands within the treaty lines under the 1898 Treaty of Paris), use archipelagic baselinesof Paris), use archipelagic baselines(b)(b) For the For the contestedcontested islands, use normal baselines islands, use normal baselines around each island (regime of islandsaround each island (regime of islands).).

Sub-Options under Mixed Sub-Options under Mixed Archipelago/Islands RegimeArchipelago/Islands Regime

1.1. Main archipelago only under archipelagic lines; Main archipelago only under archipelagic lines; Scarborough and KIG as regime of islandsScarborough and KIG as regime of islands

2.2. Main Archipelago plus Scarborough under Main Archipelago plus Scarborough under archipelagic lines; KIG as regime of islandsarchipelagic lines; KIG as regime of islands

3.3. Main archipelago plus KIG under archipelagic Main archipelago plus KIG under archipelagic lines; Scarborough as regime of islandslines; Scarborough as regime of islands

4.4. Everything within archipelagic baselinesEverything within archipelagic baselines

RA 9522 (10 March 2009)RA 9522 (10 March 2009)

Identical Baselines with 1961 Baselines Identical Baselines with 1961 Baselines LawLaw

Maintains archipelagic baselines for main Maintains archipelagic baselines for main archipelagoarchipelago

Adopts regime of islands for KIG and Adopts regime of islands for KIG and Scarborough ShoalScarborough Shoal

Codes of ConductCodes of Conduct1992 Asean Declaration on the Conduct of 1992 Asean Declaration on the Conduct of

Parties in the South China SeaParties in the South China Sea

2002 China-Asean Declaration on the 2002 China-Asean Declaration on the Conduct of Parties in the South China SeaConduct of Parties in the South China Sea

1992 Asean Declaration1992 Asean Declaration

involves sensitive questions of sovereignty and involves sensitive questions of sovereignty and jurisdictionjurisdictionnecessity to resolve [issues] by peaceful means, without necessity to resolve [issues] by peaceful means, without resort to forceresort to forceurges all parties concerned to exercise restraint urges all parties concerned to exercise restraint RESOLVE, without prejudicing the sovereignty and RESOLVE, without prejudicing the sovereignty and jurisdiction of countries having direct interests in the jurisdiction of countries having direct interests in the area, to explore the possibility of cooperation in the area, to explore the possibility of cooperation in the South China SeaSouth China Sea

Joint Development AgreementsJoint Development Agreements

– China-Phil-Vietnam Joint Marine Seismic China-Phil-Vietnam Joint Marine Seismic AgreementAgreement

– Malaysia-Thailand Joint Development AreaMalaysia-Thailand Joint Development Area– Malaysia-Vietnam “Joint Defined” AreaMalaysia-Vietnam “Joint Defined” Area– 1989 and 2006 Timor Gap Agreements1989 and 2006 Timor Gap Agreements– 2006 Vietnam-Cambodia Joint Historic 2006 Vietnam-Cambodia Joint Historic

WatersWaters

China-Philippine Joint ExplorationChina-Philippine Joint Exploration

2005 Version2005 Version

China-Philippines-VietnamChina-Philippines-Vietnam

Joint Marine Scientific ResearchJoint Marine Scientific Research

Affirm commitment to UNCLOS and Affirm commitment to UNCLOS and China-Asean Code of ConductChina-Asean Code of Conduct

Recognize authorization by respective Recognize authorization by respective statesstates

““Signing of this agreement shall not Signing of this agreement shall not undermine the basic position held by [each undermine the basic position held by [each Government] on the South China Sea Government] on the South China Sea issue”issue”

Thailand and Malaysia on Delimitation of Thailand and Malaysia on Delimitation of Continental Shelf Boundary MoU (2002)Continental Shelf Boundary MoU (2002)

If any single geological petroleum or natural gas If any single geological petroleum or natural gas structure or field, or any mineral deposit of structure or field, or any mineral deposit of whatever character, whatever character, extends across the extends across the boundary linesboundary lines the two Governments shall communicate to each the two Governments shall communicate to each other other all informationall information in this regard in this regardshall seek to reach agreement as to the manner shall seek to reach agreement as to the manner in which the structure, field or deposit will be in which the structure, field or deposit will be most effectively exploitedmost effectively exploitedall expenses incurred and benefits shall be all expenses incurred and benefits shall be equitably sharedequitably shared

Common Petroleum DepositsCommon Petroleum Deposits

If any single geological petroleum or natural gas If any single geological petroleum or natural gas structure extends across the [fixed boundary] linestructure extends across the [fixed boundary] line

And the part which is situated on one side of the said line And the part which is situated on one side of the said line is is exploitable, wholly or in part, from the other side of the exploitable, wholly or in part, from the other side of the said linesaid line

The two Governments shall seek to reach agreement as The two Governments shall seek to reach agreement as to the manner in which the structure shall be most to the manner in which the structure shall be most effectively exploited.effectively exploited.

East TimorEast Timor

Timor GapTimor Gap

Timor GapTimor Gap

Timor GapTimor Gap

Self-determinationSelf-determination(Common Article 1, HR Covenants)(Common Article 1, HR Covenants)

1. All peoples have the right of self-determination. By 1. All peoples have the right of self-determination. By virtue of that right they freely determine their political virtue of that right they freely determine their political status and freely pursue their economic, social and status and freely pursue their economic, social and cultural development.cultural development.

2. All peoples may, for their own ends, freely dispose of 2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to their natural wealth and resources without prejudice to any obligations arising out of international economic any obligations arising out of international economic co-operation, based upon the principle of mutual co-operation, based upon the principle of mutual benefit, and international law. In no case may a benefit, and international law. In no case may a people be deprived of its own means of subsistence.people be deprived of its own means of subsistence.

Permanent Sovereignty over Natural Permanent Sovereignty over Natural Resources (G.A. res. 1803 (XVII))Resources (G.A. res. 1803 (XVII))

1. The right of peoples and nations to permanent 1. The right of peoples and nations to permanent sovereignty over their natural wealth and resources must sovereignty over their natural wealth and resources must be exercised in the interest of their national development be exercised in the interest of their national development and of the well-being of the people of the State and of the well-being of the people of the State concerned.concerned.

……3. … The profits derived must be shared in the proportions 3. … The profits derived must be shared in the proportions

freely agreed upon, in each case, between the investors freely agreed upon, in each case, between the investors and the recipient State, due care being taken to ensure and the recipient State, due care being taken to ensure that there is no impairment, for any reason, of that State's that there is no impairment, for any reason, of that State's sovereignty over its natural wealth and resources.sovereignty over its natural wealth and resources.