Practice question
Assume that no archipelagic sea lanes have yet been formally designated for a particular archipelago. A foreign ship follows a route normally used for international navigation solely for continuous, expeditious transit. An official says no archipelagic sea lanes passage can exist until designation and that no passage obligations apply until then. Under UNCLOS Article 53(12) and RA 12065, Section 3, which response is best?
- Both assertions are correct because designation creates every passage right and duty.
- The absence of designation does not extinguish passage through normally used routes, and the Philippine Act expressly applies its requirements pending designation.
- Only warships may use normally used routes before designation.
- The ship may choose any route across land and water without restrictions.
- The ship may conduct research and fishing because there is no designated corridor.
Legal references
- UNCLOS, Articles 53–54, read with Articles 39, 40, 42 and 44: https://www.un.org/depts/los/convention_agreements/texts/unclos/part4.htm; Article 53(12).
- Republic Act No. 12065, November 7, 2024, Philippine Archipelagic Sea Lanes Act: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/98029; Section 3.
Answer this question in flashcards to review your response and continue practicing.