Baseline

What is Baseline?
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.

No comments:

Post a Comment

Note: only a member of this blog may post a comment.