Convention on the territorial sea and the contiguous zone. Enabling legislation for straight archipelagic baselines. In general, the unclos defines the rights and responsibilities of nations with respect to their use of the worlds oceans. Unclos iii where strict limitations on the length of straight baselines were.
The conclusions stated by the arbitral tribunal in paragraphs 575 and 576 of its award quoted at the beginning of this article were fully justi fi ed and correct. Introduction today, owing to a surge in commercial activities in sea trade, such as shipping and extraction of natural resources, the laws of the sea hold utmost. The interpretation and relevant state practice of article of the 1982 united nations convention on the law of the sea as it relates. China currently employs straight baselines around the paracels, connecting the outermost points of the outermost islands. Di tempattempat dimana garis pantai menjorok jauh ke dalam dan menikung ke dalam atau jika terdapat suatu deretan pulau sepanjang pantai di dekatnya, cara penarikan garis pangkal lurus yang menghubungkan titiktitik yang tepat dapat digunakan dalam menarik garis pangkal dari mana lebar laut.
Letter to the journal china and canada are unlikely to. The issue of straight baselines in the international law. The law of the sea convention defines the rights and responsibilities of nations with. Annex vii of unclos, regarding certain disputes over the interpretation and. Convention on the law of the sea unclos, which is also known as the. Status unclos ratifications and straight baselines 67 graph2 survey on how to reach uniformity on principle of straight baselines 90 graph3 segment length of straight baselines of states 195 graph4 territorial sea claims by 1960 217 graph5 territorial sea claims by 1971 217 graph6 territorial sea claims by 2012. Straight baselines across icelandic bays and fjords skemman.
It is the branch of public international law which regulates the relations of states with respect to the uses of the oceans. Pdf united nation convention on the law of the sea. Straight baselines can be drawn by joining appropriate points along a deeply indented coastline or fringe of islands along the coast. Law of the sea cases heard by annex vi arbitral tribunals 5. Straight baselines the intentions of unclos, article 7. This practice was first recognized by international law in 1951 and confirmed by article 7 of unclos. Pdf the delimitation of maritime zones and boundaries foreseen by the united nations. The document dsczaratcon on chinas teratorial sea the government of the peoples republic of. An examination ofthe relevant provisions of the united nations convention the law of the sea united nations. The outer limits of the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf articles 16, 75, and 84, and. The rules for drawing baselines are contained in articles 5 11 and 14 of the. By the time of the adoption of unclos in 1982, the purpose of the case had been fulfilled and the rationale for straight baselines from the 1951 case disappeared. Unclos is a great achievement in the field of codification of international law and the basis for the present law of the sea regime.
Coastal states, under article 16, paragraph 2, article 47, paragraph 9, article 75, paragraph 2, and article 84, paragraph 2, of unclos, are required to deposit with the secretarygeneral of the united nations charts showing straight baselines and archipelagic baselines as well as the outer limits of the territorial sea, the exclusive economic. Territorial sea, as defined by the 1982 united nations convention on the law of the sea, is a belt of coastal waters extending at most 12 nautical miles 22. Tullio scovazzi lecture on the united nations convention. The system of straight baselines may not be applied by a state in such a manner as to cut off the territorial sea of another state from the high seas or an. Vague parameters of straight baselines, devoid of precision, leave much room for liberal interpretations and flexible application. Problems, perspectives and options jose victor villarino changonzaga abstract the sea will be the center of world develapment in the third millenium. Canada drew straight base lines around the canadian arctic archipelago in 1985, placing the nwp within canada. In the maritime boundaries dataset, the baselines used were a combination of a coastline as a proxy for the lowwater line the normal baseline described in unclos and straight or archipelagic baselines. This paper examines the issue of drawing straight baselines for the measurement of the territorial sea and other maritime zones.
Baselines shall not be drawn to and from lowtide elevations, unless lighthouses or similar installations which are permanently above sea level have been built on them. Unclos is a complex and broadranging formulation of international law that seeks to regulate the use of the worlds oceans for the benefit of mankind. In the case of islands situated on atolls or of islands having fringing reefs, the baseline for measuring the breadth of the territorial sea is the seaward lowwater line of the reef, as shown by the appropriate symbol on charts officially recognized by the coastal state. Yet canada and china adopted a complete system of straight baselines in 1986 and 1996, respectively, both of which are inconsistent with international law. However, being itself a product of time, the unclos cannot stop the passing of. This is a deviation from the unclos eez definition. The maritime boundaries and areas are calculated from the baselines. Where the method of straight baselines is applicable under paragraph 1, account may be taken, in determining particular baselines, of economic interests peculiar to the region concerned, the reality and the importance of which are clearly evidenced by long usage. Pdf maritime zones delimitation problems and solutions. Tsc provision on straight baselines transformed almost verbatim into united nations convention on law of the sea, 1982 hereafter unclos. The united nations convention on the law of the sea unclos is an international agreement. A baseline, as defined by the united nations convention on the law of the sea, is the line along the coast from which the seaward limits of a states territorial sea and certain other maritime zones of jurisdiction are measured, such as a states exclusive economic zone.
The territorial sea is regarded as the sovereign territory of the state, although foreign ships military and civilian are allowed. The united nations convention on the law of the sea unclos, also called the law of the sea convention or the law of the sea treaty, is the international agreement that resulted from the third united nations conference on the law of the sea unclos iii, which took place between 1973 and 1982. Straight baselines may, however, be employed in respect of individual features in an offshore archipelago in accordance with the provisions of the convention. Tagged archipelagos, contiguous zone, eez, freedom of sea, historic waters, innocent passage, internal waters, islands and rocks, james kraska, maritime security, normal baseline, presidential proclamation 5030 of 1983, straight baselines, territorial sea. Peoples republic of china the government of the peoples republic of china prc on september 4, 1958, publicly claimed a 12nauticalmile territorial sea to be measured from straight baselines. State practices of straight baselines institute excessive maritime.
In localities where the coastline is deeply indented and cut into, or if there is a fringe of islands along the coast in its immediate vicinity, the method of straight baselines joining appropriate points may be employed in drawing the baseline from which the breadth of the territorial sea is measured. Numerous scientific and technical considerations impinge upon the application of unclos, just as unclos has implications for the practice of marine science and technology. Article 5 states that except where otherwise provided in this. According to unclos, a state has complete sovereignty over its internal waters.
The united nations convention on the law of the sea montego bay, 1982. Unclos 1982 articles relating to the drawing of baselines article 5 normal baseline except where otherwise provided in this convention, the normal baseline for measuring the breadth of the territorial sea is the lowwater line along the coast as marked on largescale charts officially recognized by the coastal state. Deposit obligation under unclos straight baselines and closing lines of mouths of rivers and of bays article 16. Under unclos the right to draw baselines encircling an island group at some distance from the mainland is reserved to archipelagic states made of exclusively of islands. United nations convention on the law of the sea wikipedia. Where the method of straight baselines is applicable under the provisions of paragraph 1. China hardens position on south china sea the diplomat. The interpretation and relevant state practice of article 10 of the 1982 united nations convention on the law of the sea relating to the method adopted by states of drawing straight baselines within a bay. To accommodate deeply indented coastline and fringes of islands along the coast, the losc allows for use of straight baselines.
Article 47, unclos archipelagic state may draw straight archipelagic baselines joining the outermost points of the outermost islands and drying reefs of the. I it is the last frontier for mans expansion on earth. And the 1982 united nations convention on the law of. Relevant provisions the establishment of baselines is a fundamental operation for a coastal state wishing to have jurisdiction over maritime zones adjacent to the continental coasts. Retention or loss of the nationality of a pirate ship or aircraft 58 article 105. Pdf analysis on the application of baselines regulation in. The outer limits of the territorial sea, the contiguous zone, the exclusive economic zone and the. In localities where the coastline is deeply indented and cut into, or if there is a fringe of islands along the coast in its immediate vicinity, the method of straight. United nations convention on the law of the sea, 1982. This paper provides important legal insights into chinas straight baselines, which are unlawful from the perspectives of unclos and state practices, and, in addition, suggest desirable ways to.
Issue was the straight baselines used by norway along its deeply indented coast. Normally, a sea baseline follows the lowwater line of a coastal state. The baseline is usually the coastlinethe mean low watermarkbut, can in some circumstances, such as that of a deeply indented coastline or line of fringing islands, be extended from the beach by means of drawing straight baselines. It was therefore proposed that the ila committee on baselines under the international law of the sea have its mandate expanded for a further 4 years during which time it would consider the following matters.
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