Law of the Sea Convention, Article 47, Archipelagic baselines

Summary

This section of the United Nations Convention on the Law of the Sea outlines the rules for archipelagic baselines. It describes the conditions under which an archipelagic state may draw straight baselines, the limitations on their length, and the requirements for their general configuration. It also details the treatment of low tide elevations, territorial seas, and the respect for neighboring states' rights. Additionally, it specifies how the ratio of water to land is calculated and the necessity for publicity and submission of charts or geographical coordinates to the United Nations.

Takeaways

• 😀 An archipelagic state can draw straight archipelagic baselines connecting the outermost points of its islands and reefs.
• 😀 The baselines must enclose the main islands and an area where the ratio of water to land is between 1:1 and 9:1.
• 😀 The length of these baselines should not exceed 100 nautical miles, with up to 3% of baselines allowed to exceed this by up to 125 nautical miles.
• 😀 Baselines should follow the general configuration of the archipelago and not depart appreciably from it.
• 😀 Baselines cannot be drawn to or from low tide elevations unless certain conditions, like permanent installations, are met.
• 😀 An archipelagic state must not apply its baselines in a way that cuts off another state's territorial sea or exclusive economic zone.
• 😀 If archipelagic waters lie between two parts of an adjacent state, existing rights and agreements between the two states must be respected.
• 😀 For calculating the water-to-land ratio, land areas can include waters within fringing reefs, steep-sided oceanic plateaus, and similar formations.
• 😀 The baselines must be shown on charts with adequate scale, or geographical coordinates can be listed as an alternative.
• 😀 The archipelagic state is required to give publicity to these charts or lists and deposit a copy with the United Nations Secretary General.

Q & A

What is the main focus of Article 47 of the United Nations Convention on the Law of the Sea?

Article 47 focuses on the rules regarding the drawing of straight archipelagic baselines for an archipelagic state, which defines the boundaries of the territorial waters of an archipelago.

What condition must be met for an archipelagic state to draw straight archipelagic baselines?

An archipelagic state may draw straight archipelagic baselines if they join the outermost points of the outermost islands and drying reefs, and if the area enclosed by these baselines includes the main islands, with a water-to-land area ratio between 1:1 and 9:1.

What is the maximum length allowed for archipelagic baselines according to Article 47?

The length of the archipelagic baselines shall not exceed 100 nautical miles, except that up to 3% of the total number of baselines may exceed that length by up to a maximum of 125 nautical miles.

How should the general configuration of the archipelago affect the drawing of the baselines?

The baselines must not depart to any appreciable extent from the general configuration of the archipelago when being drawn.

Can baselines be drawn from low tide elevations under Article 47?

Baselines cannot be drawn from low tide elevations unless permanent structures such as lighthouses are built on them, or if the low tide elevation is within the breadth of the territorial sea from the nearest island.

How should an archipelagic state's baselines affect neighboring states?

The system of archipelagic baselines should not cut off from the high seas or the exclusive economic zone the territorial sea of another state.

What happens when an archipelagic state's waters lie between two parts of a neighboring state?

In such cases, existing rights and interests of the neighboring state, as well as agreements between the states, must be respected and continue to be honored.

What land areas are included when computing the ratio of water to land under Article 47?

Land areas for this ratio calculation may include waters lying within the fringing reefs of islands and atolls, and parts of a steep-sided oceanic plateau enclosed or nearly enclosed by a chain of limestone islands and reefs.

How should the baselines be documented and communicated to the public?

The baselines must be shown on charts with an adequate scale, or alternatively, lists of geographical coordinates may be used. These charts or lists must be made publicly available, and a copy must be deposited with the Secretary-General of the United Nations.

Why is the system of archipelagic baselines significant for an archipelagic state?

The system of archipelagic baselines is crucial because it defines the territorial waters of an archipelagic state, thereby establishing its maritime boundaries and the rights it has over its surrounding waters, such as the territorial sea and exclusive economic zone.