Selected Publications of the Institute of International Legal Studies

UP LAW CENTER'S
INSTITUTE OF INTERNATIONAL LEGAL STUDIES

OCEAN LAW AND POLICY SERIES

This bi-annual publication reflects the strong commitment of the UP Law Center's Institute of International Legal Studies (IILS) to the Law of the Sea Program, especially with respect to sustaining an effective communication link between the academic community, practitioners in government and nongovernment entities, and policy and decision makers.

Documents the proceedings of the roundtable discussion on government-industry partnership structures for oil spill response in Canada, Japan, and the Philippines. The perspectives of industry, energy department and Philippine Navy were highlighted in the issues and challenges of oil spill structure in the Philippines. The legal dimensions, oil exploration activities, and marine pollution management in the Philippines were also discussed. International documents, related local laws and initiatives, and pollution cases/incidents in the Philippines were also printed.

Presents the roundtable discussion proceedings where Jay Batongbacal discussed “Karagatang Pilipino: A Critique and Proposed Revision of the National Marine Policy”. Several reactions were given with respect to national marine policy and law of the sea; institutional and policy issues in implementation; role of the Office of the President and Congress in ocean policy; and national security. This publication on ocean governance also featured a paper by Maribel B. Aguilos on options for the Philippines in designing an institutional structure. The case of Ecuador, particularly domestic policies and legislation versus the United Nations Convention on the Law of the Sea (UNCLOS) was also described. The documents contained in the issue are the provisions of the Philippine Constitution and Local Government Code relevant to ocean governance, Executive Order No. 186, and Chapter 17 of Agenda 21.

Focuses on the future of marine transportation as an industry that is intimately linked to the country’s economy, environment and security. The Section on Roundtable Discussion Proceedings brings the readers to the country’s first comprehensive forum on maritime transportation that brought together 67 participants representing the government, industry and academic sectors to discuss about reforming the country’s maritime sector. The important event entitled “Roundtable Discussion and Policy Analysis Workshop on Marine Transportation” was held on 19-21 January 1999 at the UP National Center for Transportation Studies, and through the collaborative efforts of the Institute of International Legal Studies, the Philippine Center for Marine Affairs, Inc., the UP Center for Integrative and Development Studies, and the Oceans Institute of Canada. The forum started with an overview of the national and global state of marine transportation. The global perspective is contributed by Professor Edgar Gold, an eminent international scholar of marine transportation law and policy. The Conference Report entitled “A Reform Agenda for the 21st Century” is in the Notes Section. Another article in this section is on the agenda of the Philippine Congress on the reforms in the country’s marine transportation sector as can be gleaned from “Legislative Initiatives on Marine Transportation” by Mary Ann Palma. In the Feature Papers Section, Professor Chia Lin Sien and his colleagues at the National University of Singapore look at maritime services liberalization in their paper entitled, “Liberalization of Marine Transport Services: Directions and Options for Asia.” Another featured paper, “Cabotage” by the Philippine Center for Marine Affairs, Inc. gives a comprehensive analysis of the subject. In the Documents Section, some eight laws affecting marine transportation are featured.

THE WORLD BULLETIN is a bimonthly publication devoted to the analysis and significant changes and trends in the international situation. This particular issue on the law of the sea is a collection of refereed articles on systems of ocean governance, deep seabed mining, the concept of universality in relation to Part XI of the UNCLOS, and marine management in Saint Lucia. There is a notes section on archipelagic sealanes, a critique of Elizabeth Mann Borgese’s Ocean Governance and the UN, and an excerpt from a lecture on optimization of the archipelagic baselines. The Philippine National Marine Policy is also outlined. In the documentation section, there is the Agreement on the Implementation of Part XI of UNCLOS.

This book is the most comprehensive compilation of documents relevant to the Philippine national territory in the country today. It is the result of painstaking effort of Raphael Perpetuo Lotilla, a leading law of the sea scholar, former Director of the UP Institute of International Legal Studies, and now Deputy Director General of the National Economic and Development Authority.

The collection of documents in this preliminary edition is intended to promote an enlightened discourse among the Philippine public on the concept of national territory and the identification of its spatial dimensions. The documents are arranged in chronological order, with formal denominations as well as popular titles prominently indicated. Other sources of their documents are recorded in the notes section following the text of each document. A subject index and tables of international agreements, national issuances, and cases are also included for the user’s convenience.

The IILS Pamphlet Series provides a critical and constructive forum for the analysis of new trends, issues and prospects in international relations that may help clarify present problems and perspectives. The pamphlet's Issue No. 7 is based on a UP professorial chair lecture which attempted to synthesize and interpret certain contemporary events which are taking the Filipino nation as a whole into a decisive turn of developments.

Magallona notes that the United Nations Convention on the Law of the Sea (UNCLOS), which took effect in November 1994, will reorganize the territorial basis of the state. The transformation of the Philippines into an "archipelagic state" as this is understood under the UNCLOS will have long-term implications on the Filipino people in terms of territorial integrity, national security and environmental impact. Magallona extensively discusses the issues regarding the country's archipelagic waters and sealanes.

Contains the proceedings of a roundtable discussion to address the policy issues arising from the Law of the Sea which have far-reaching implications on Philippine national interests. The topics covered are as follows: maritime technology issues involving ports, shipping, and navigation; the roles of the Philippine Ports Authority and the International Maritime Organization; Philippine commercial navigation problems; Philippine marine transport system and ocean policy; and shipping and navigation regimes under the Law of the Sea Convention. The conclusions and recommendations adopted were in the areas of maritime science, technology, training and education; Philippine ports management; international navigation through Philippine waters; shipping and marine pollution; and interim institutional measures.

Contains the proceedings of a roundtable discussion on "The Spratly Islands Dispute" held in January 1993. Valero's paper discussed territorial claims based on historic title; claims arising from international agreements; and claims based on occupation. The open forum included clarifications, comments, questions, and suggestions of participants from various sectors on the Spratlys dispute. 95 pages • 1993 • PhP50 or $4

The paper gives an overview of the Philippine claim to the Spratly Islands Group; discusses the claims of other countries including China, Vietnam, France, Japan, and Malaysia; explains applicable rules in international law with respect to territorial claims; and examines the legal grounds for the Philippine claim.