Baseline
What is Baseline?
Types of Baseline.
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 state's territorial sea and certain other maritime zones of jurisdiction are measured, such as a state's exclusive economic zone. Normally, a sea baseline follows the low-water line of a coastal state. When the coast is deeply indented, has fringing islands or is highly unstable, straight baselines may be used.
According to Article 5 of United Nations Convention on the Law of the Sea (UNCLOS) III
Except where otherwise provided in this Convention, the normal baseline for measuring the breadth of the territorial sea is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State.
According to Article 6 of United Nations Convention on the Law of the Sea (UNCLOS) III
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 low-water line of the reef, as shown by the appropriate symbol on charts officially recognized by the coastal State.
According to Article 7 of United Nations Convention on the Law of the Sea (UNCLOS) III
1. 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.
2. Where because of the presence of a delta and other natural conditions the coastline is highly unstable, the appropriate points may be selected along the furthest seaward extent of the low-water line and, notwithstanding subsequent regression of the low-water line, the straight baselines shall remain effective until changed by the coastal State in accordance with this Convention.
3. The drawing of straight baselines must not depart to any appreciable extent from the general direction of the coast, and the sea areas lying within the lines must be sufficiently closely linked to the land domain to be subject to the regime of internal waters.
4. Straight baselines shall not be drawn to and from low-tide elevations, unless lighthouses or similar installations which are permanently above sea level have been built on them or except in instances where the drawing of baselines to and from such elevations has received general international recognition.
5. 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.
6. 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 exclusive economic zone
According to Article 9 of United Nations Convention on the Law of the Sea (UNCLOS) III
If a river flows directly into the sea, the baseline shall be a straight line across the mouth of the river between points on the low-water line of its banks.
According to Article 10 of United Nations Convention on the Law of the Sea (UNCLOS) III
1. This article relates only to bays the coasts of which belong to a single State
According to Article 13 of United Nations Convention on the Law of the Sea (UNCLOS) III
1. A low-tide elevation is a naturally formed area of land which is surrounded by and above water at low tide but submerged at high tide. Where a low-tide elevation is situated wholly or partly at a distance not exceeding the breadth of the territorial sea from the mainland or an island, the low-water
line on that elevation may be used as the baseline for measuring the breadth of the territorial sea.
2. Where a low-tide elevation is wholly situated at a distance exceeding the breadth of the territorial sea from the mainland or an island, it has no territorial sea of its own.
According to Article 47 of United Nations Convention on the Law of the Sea (UNCLOS) III
1. An archipelagic State may draw straight archipelagic baselines joining the outermost points of the outermost islands and drying reefs of the archipelago provided that within such baselines are included the main islands and an area in which the ratio of the area of the water to the area of the land, including atolls, is between 1 to 1 and 9 to 1.
According to Article 15 of United Nations Convention on the Law of the Sea (UNCLOS) III
Where the coasts of two States are opposite or adjacent to each other, neither of the two States is entitled, failing agreement between them to the contrary, to extend its territorial sea beyond the median line every point of which is equidistant from the nearest points on the baselines from which the breadth of the territorial seas of each of the two States is measured. The above provision does not apply, however, where it is necessary by reason of historic title or other special circumstances to delimit the territorial seas of the two States in a way which is at variance therewith.
Few natural scientists or social scientists, question the importance of baselines. Baselines are a point of departure, a reference with respect to which we determine what has happened for descriptive purposes, what is likely to happen for predictive purposes, and what is permitted to happen for normative purposes. The normative importance of baselines is particularly apparent in the law. The effect of the most determinate rule can be rendered uncertain if its application is dependent upon a baseline that is itself uncertain. Statutes of limitation are one example.
So it is with the law of the sea. Vast and varied zones of coastal state jurisdiction are subject to precise maximum limits, expressed in nautical miles. These limits are measured seaward from baselines along the coast.Waters landward of baselines have a status different from those immediately seaward. Thus, the rules regarding the establishment of baselines by coastal states are important to the coastal state as well as to other states with interests in the use and regulation of the broad areas affected. Notwithstanding these considerations, the subject of coastal baselines is often considered an arcane subset of international law. This book addresses only one type of baseline. It is likely to invite attention only from those who are otherwise interested in this particular field. That is a pity.
Types of Baseline.
Delimitation of the territorial sea between States with opposite or adjacent coasts.
Importance of Drawing Baseline.
Baseline
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 state's territorial sea and certain other maritime zones of jurisdiction are measured, such as a state's exclusive economic zone. Normally, a sea baseline follows the low-water line of a coastal state. When the coast is deeply indented, has fringing islands or is highly unstable, straight baselines may be used.Types of Baselines
Normal baseline
According to Article 5 of United Nations Convention on the Law of the Sea (UNCLOS) III
Except where otherwise provided in this Convention, the normal baseline for measuring the breadth of the territorial sea is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State.
Reefs
According to Article 6 of United Nations Convention on the Law of the Sea (UNCLOS) III
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 low-water line of the reef, as shown by the appropriate symbol on charts officially recognized by the coastal State.
Straight baselines
According to Article 7 of United Nations Convention on the Law of the Sea (UNCLOS) III 1. 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.
2. Where because of the presence of a delta and other natural conditions the coastline is highly unstable, the appropriate points may be selected along the furthest seaward extent of the low-water line and, notwithstanding subsequent regression of the low-water line, the straight baselines shall remain effective until changed by the coastal State in accordance with this Convention.
3. The drawing of straight baselines must not depart to any appreciable extent from the general direction of the coast, and the sea areas lying within the lines must be sufficiently closely linked to the land domain to be subject to the regime of internal waters.
4. Straight baselines shall not be drawn to and from low-tide elevations, unless lighthouses or similar installations which are permanently above sea level have been built on them or except in instances where the drawing of baselines to and from such elevations has received general international recognition.
5. 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.
6. 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 exclusive economic zone
Mouths of rivers
According to Article 9 of United Nations Convention on the Law of the Sea (UNCLOS) III
If a river flows directly into the sea, the baseline shall be a straight line across the mouth of the river between points on the low-water line of its banks.
Bays
According to Article 10 of United Nations Convention on the Law of the Sea (UNCLOS) III
1. This article relates only to bays the coasts of which belong to a single State
Low-tide elevations
According to Article 13 of United Nations Convention on the Law of the Sea (UNCLOS) III
1. A low-tide elevation is a naturally formed area of land which is surrounded by and above water at low tide but submerged at high tide. Where a low-tide elevation is situated wholly or partly at a distance not exceeding the breadth of the territorial sea from the mainland or an island, the low-water
line on that elevation may be used as the baseline for measuring the breadth of the territorial sea.
2. Where a low-tide elevation is wholly situated at a distance exceeding the breadth of the territorial sea from the mainland or an island, it has no territorial sea of its own.
Baseline of Archipelagic State
According to Article 47 of United Nations Convention on the Law of the Sea (UNCLOS) III 1. An archipelagic State may draw straight archipelagic baselines joining the outermost points of the outermost islands and drying reefs of the archipelago provided that within such baselines are included the main islands and an area in which the ratio of the area of the water to the area of the land, including atolls, is between 1 to 1 and 9 to 1.
2. The length of such baselines shall not exceed 100 nautical miles,
except that up to 3 per cent of the total number of baselines enclosing
any archipelago may exceed that length, up to a maximum length of 125
nautical miles.
3. The drawing of such baselines shall not depart to any appreciable extent from the general configuration of the archipelago.
4. Such baselines shall not be drawn to and from low-tide elevations,
unless lighthouses or similar installations which are permanently above
sea level have been built on them or where a low-tide elevation is
situated wholly or partly at a distance not exceeding the breadth of the
territorial sea from the nearest island.
5. The system of such baselines shall not be applied by an archipelagic
State in such a manner as to cut off from the high seas or
the exclusive economic zone the territorial sea of another State.
6. If a part of the archipelagic waters of an archipelagic
State lies between two parts of an immediately adjacent neighbouring
State, existing rights and all other legitimate interests which the
latter State has traditionally exercised in such waters and all rights
stipulated by agreement between those
States shall continue and be respected.
7. For the purpose of computing the ratio of water to land
under paragraph l, land areas may include waters lying within the
fringing reefs of islands and atolls, including that part of a
steep-sided oceanic plateau which is enclosed or nearly enclosed
by a chain of limestone islands and drying
reefs lying on the perimeter of the plateau.
8. The baselines drawn in accordance with this article shall be shown
on charts of a scale or scales adequate for ascertaining
their position.
Alternatively, lists of geographical coordinates of points, specifying thegeodetic datum, may be substituted.
9. The archipelagic State shall give due publicity to such charts or
lists of geographical coordinates and shall deposit a copy of each such
chart or list with the Secretary-General of the United Nations.
Delimitation of the territorial sea between States with opposite or adjacent coasts
According to Article 15 of United Nations Convention on the Law of the Sea (UNCLOS) III
Where the coasts of two States are opposite or adjacent to each other, neither of the two States is entitled, failing agreement between them to the contrary, to extend its territorial sea beyond the median line every point of which is equidistant from the nearest points on the baselines from which the breadth of the territorial seas of each of the two States is measured. The above provision does not apply, however, where it is necessary by reason of historic title or other special circumstances to delimit the territorial seas of the two States in a way which is at variance therewith.
Importance of Drawing Baseline
Few natural scientists or social scientists, question the importance of baselines. Baselines are a point of departure, a reference with respect to which we determine what has happened for descriptive purposes, what is likely to happen for predictive purposes, and what is permitted to happen for normative purposes. The normative importance of baselines is particularly apparent in the law. The effect of the most determinate rule can be rendered uncertain if its application is dependent upon a baseline that is itself uncertain. Statutes of limitation are one example.
So it is with the law of the sea. Vast and varied zones of coastal state jurisdiction are subject to precise maximum limits, expressed in nautical miles. These limits are measured seaward from baselines along the coast.Waters landward of baselines have a status different from those immediately seaward. Thus, the rules regarding the establishment of baselines by coastal states are important to the coastal state as well as to other states with interests in the use and regulation of the broad areas affected. Notwithstanding these considerations, the subject of coastal baselines is often considered an arcane subset of international law. This book addresses only one type of baseline. It is likely to invite attention only from those who are otherwise interested in this particular field. That is a pity.
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