People. Development.

Impact

Baselines, Climate Change

and Sea Level Rise

IFLOS Summer Academy

1 August 2023

Professor Clive Schofield, [email protected]

Head of Research, WMU/Sasakawa Global Ocean Institute
World Maritime University, Sweden
Baselines

● Why are baselines important?

§ Delineation of the outer limits of maritime zones
§ Delimitation of maritime boundaries

● Types of Baseline under the LOS Convention:

§ Normal (Article 5)
§ Reefs (Article 6)
§ Islands (Article 121)
§ Low-tide elevations (Article 13)
§ Straight (Article 7)
§ Mouths of rivers (Article 9)
§ Bays (Article 10)
§ Harbour works (Article 11)
§ Combination of methods (Article 16)
§ Archipelagic (Article 47)

• Publicising baseline claims (Article 16)

WMU-Sasakawa Global Ocean Institute
Maritime claims depend on sovereignty
over coastal territory...

The land dominates the sea and it dominates

it by the intermediary of the coastal front.
- Prosper Weil, 1989

WMU-Sasakawa Global Ocean Institute

The Importance of Baselines

● Define the land/sea interface

§ The seaward ‘edge’ of territory at the coast

● Fundamental to delineating the limits of

maritime claims
§ Provide the ‘starting line’ for claiming maritime
zones
§ Provide basepoints for generation of limits of
national maritime claims

WMU-Sasakawa Global Ocean Institute

Baseline and Maritime Zones

This
Internal presentation
Waters was developed by
S tate
A I
I Made Made Andi
Andi Arsana, Arsana
Ph.D
([email protected])
Departemen Teknik Geodesi
Fakultas Teknik Universitas Gajah Mada

For the Government ofHigh

[email protected]
Somalia
Seas
and wasTSpresented before the Somali President,
Baselines

Prime 12Minister
M CZ and Speaker of the Parliament
The Area
Continental
24 M EEZ Self
200 M Art. 76 - LOSC Part XI - LOSC

Sovereignty Sovereign Rights

WMU-Sasakawa Global Ocean Institute
Normal Baselines and Maritime Limits

Sea

Land

I Made Andi Arsana (c) 2013 Baselines versus Basepoints:

Not all of the baseline contributes to defining the limits of
maritime jurisdiction WMU-Sasakawa Global Ocean Institute
The Importance of Baselines

● Fundamental to
maritime boundary
delimitation
§ Determine basepoints
for construction of
median/equidistance
lines
§ Equidistance lines often
used at least as the
starting point for
maritime boundary
delimitation
§ Majority of maritime
boundary agreements
wholly or partially Source: TALOS Manual (5th edition, October 2014)
based on equidistance

WMU-Sasakawa Global Ocean Institute

Overlapping Maritime Claims and Boundaries

State A Main land

Archipelagic State B B

Fringing islands

Island

Low Tide Elevations

Baselines

Territorial sea Limit 12 M

Contiguous zone Limit 24 M

EEZ Limit 200 M

Overlapping claim

Maritime boundary
A

Source: TALOS Manual (5th edition, 2014)

WMU-Sasakawa Global Ocean Institute

Territorial Sea Baselines

The key question:

Where does the Land end
and the sea begin?

WMU-Sasakawa Global Ocean Institute

“Normal” Baselines

1958 Convention on the Territorial Sea

and the Contiguous Zone, Article 3

LOSC, Article 5

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 recognised by
the coastal State.

WMU-Sasakawa Global Ocean Institute

“Normal” Baselines

Article 5 of the UN Convention on the Law of the Sea:

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 recognised by the
coastal State.

● In effect the State’s default baseline

● The “low-water line”
§ Which one?
● Other key terms:
§ “charts”
§ “large-scale”
§ “officially recognized”
WMU-Sasakawa Global Ocean Institute
The meaning of “low-water line”

● Low-water line dependent on choice of vertical datum

● Vertical datum = level of reference for vertical measurements

(depths, height of tide, elevations) – the ‘zero’ line

● Many options – Lowest Astronomical Tide (LAT) the most

popular

● A particularly conservative low-water line:

§ normal baseline advanced further ‘down the beach’
§ land territory/internal waters increased
§ maritime zones potentially increased

● Critically, conservative vertical datums favoured by chart-

makers for the sake of safety of navigation

WMU-Sasakawa Global Ocean Institute

Lowest Astronomical Tide (LAT)

Defined as:

The lowest tide level which can be predicted to occur

under average meteorological conditions and under
any combination of astronomical conditions.

● However, there are many alternatives and if used on

large scale charts recognised by the coastal state then
they are valid.
● Choice left up to the coastal State

WMU-Sasakawa Global Ocean Institute

Vertical Datum

Hydrographic
shoreline Geodetic
shoreline Limits for
Drying heights

High Water level

Mean sea level

Usual datum level for land maps

Low water line

Chart datum
Animation by Arsana & Schofield, 2012

WMU-Sasakawa Global Ocean Institute

Implications of Dynamic Coastlines

● Coastlines have long been known to be dynamic

features of the land/sea-scape
§ Depositional processes advance the position of the coastline
§ Glacial isostatic readjustment
§ Tectonic processes
§ Volcanism
§ Erosive forces
● Changing coast = “ambulatory” normal baselines?
● Exacerbated by sea level rise
● Implications for:
§ Limits and extent of maritime claims
§ Status of insular features
§ Delimitation of maritime boundaries
§ Maritime surveillance and enforcement
WMU-Sasakawa Global Ocean Institute
Remote Sensing: McDonald Island
QuickBird image - 9 April 2003
Multi-pan merge (0.37m pixels)

Aerial photo –
1 March 1980
Actual or charted position

So is the baseline the actual location of the low

water line or its charted position?

Practice and commentators divided. Is the

chart the legal document since Article 5 states
that it is the low water line as “marked on large-
scale charts officially recognised by the coastal
State”?

WMU-Sasakawa Global Ocean Institute

Maritime Claims and Fisheries Jurisdiction off
the Zeeland Banks

Netherlands
Chart 110,
2002 edition
Vessel
apprehended
for illegal
fishing on 15
December
2004 (+)
(Source:
Hydrographic
Service,
Royal
Netherlands
Navy)
Maritime Claims and Fisheries Jurisdiction off
the Zeeland Banks

Netherlands
Chart 110,
2004 edition
(published 23
December)

(Source:
Hydrographic
Service,
Royal
Netherlands
Navy)
Normal Baseline Disputes

● Choice up to the coastal State

● Choice of different vertical datum can lead to
dispute over basepoints
● Disputes over low-tide elevations and islands
● Most significant where island status is
threatened

WMU-Sasakawa Global Ocean Institute

Belgium – France: The Banc Breedt

● France used LAT on its charts

● Belgium used mean low-water
spring tides
● Belgian datum c.30cm higher
than French datum
● Dispute over suitability of
Banc Breedt as a territorial
sea basepoint
● Banc Breedt an LTE on
French chart
● Permanently below low-water
line on Belgian chart
● Dispute resolved in 1990 by
agreement to split the
difference

WMU-Sasakawa Global Ocean Institute

Mexico – United States: Joint Survey Work,
Isles Derniere (Raccoon Island) Louisiana

W
E

Source: Courtesy of
Robert Smith
WMU-Sasakawa Global Ocean Institute
Isle Dernieres (Raccoon Island)
Comparing Surveyed Points to
Chart

Source: Courtesy of Robert Smith

Arrecife Alacran, Mexico:
Identifying basepoints

Rock
Submerged features
(above water)

Source: Courtesy of
Robert Smith
WMU-Sasakawa Global Ocean Institute
Time for a fika!

WMU-Sasakawa Global Ocean Institute

Reefs

LOSC, Article 6
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.

● Need island to be present to apply Article 6

● The terms “atoll” and “fringing reef” have strict
geomorphological meanings
● No evidence that the drafters of LOSC meant these
terms to be restrictive
● Uncertainties over closing lines

WMU-Sasakawa Global Ocean Institute

 Atolls

Ba
se
lin
es

Baselines

Animation by Arsana and Schofield (2013)

Scarborough Reef
 Atolls

aselines
B

Bas
elin
Internal waters

es
Ba
se
lin
es

Animation by Arsana and Schofield (2013)

 Almost Atolls

Baselin
es

Ba
se
lin
es
?
Internal
waters
?
Ba
se
lin
es

Animation by Arsana and Schofield (2013)

Straight Baselines
Geneva Convention on the Territorial Sea
and the Contiguous Zone, Article 4
LOSC, Article 7
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 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 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.

WMU-Sasakawa Global Ocean Institute

Straight Baselines: The UK/Norway Case

● Norway claimed straight baselines along its northern

coast from 1935
● 4 M fishery zone claimed from straight baselines
● Dispute with UK over ‘extra’ fishery zone claimed
● Case before ICJ, 1949-1951
The ICJ’s 1951 Judgment

The ICJ found in favour of Norway, stating that:

“Where a coast is deeply indented and cut into… or where it is

bordered by an archipelago such as the ‘skjaergaard’ along the
western sector of the coast…”

“Such a coast, viewed as a whole, calls for the application of a

different method; that is, the method of base-lines which within
reasonable limits, may depart from the physical line of the
coast.”

● Judgment fundamental to the introduction of the straight

baselines concept
● Led directly to the drafting of Article 4 of Geneva
Convention on the Territorial Sea and Contiguous Zone and
subsequently Article 7 of the LOS Convention

WMU-Sasakawa Global Ocean Institute

 Intentions of Article 7

• Cater for unusual coastal

geography & allow the coastal
State to enclose waters with a
close interrelationship with the land

• Avoid situations where normal/bay

closing lines result in enclaves of
non-territorial sea

• Avoid complex mosaic of territorial

sea and non-territorial sea areas

• Simplify marine management

• NOT to significantly extension in

maritime claims seaward

Source: United Nations, Baselines: An Examination of the Relevant Provisions

of the United Nations Convention on the Law of the Sea, 1989
WMU-Sasakawa Global Ocean Institute
Straight Baselines and Maritime Limits

r c of Circle center Sea

A ed
at A

X X

e
se lin St
a s rai
htb ater gh
aig al W tb
Str e r n as
eli
Int ne
Int
er
na
lW
ate
r s

Land
Animation by Arsana & Schofield, 2014

WMU-Sasakawa Global Ocean Institute

Deeply indented or Fringe of Islands

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.

WMU-Sasakawa Global Ocean Institute

Deeply indented or Fringe of Islands

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.

● What constitutes a “deeply indented and cut into”

coastline?
● How is a “fringe” of islands defined and at what distance
offshore is such a fringe of islands in the coastline’s
“immediate vicinity”?
● No objective tests provided
● US Guidelines detailed:
United States Department of State, Developing Standard
Guidelines for Evaluating Straight Baselines, Limits in the Seas,
No.106, Washington D.C.: Bureau of Oceans and International
Environmental and Scientific Affairs (31 August 1987).

WMU-Sasakawa Global Ocean Institute

In sum:

“the imprecise language [of Article 7] would

allow any coastal country, anywhere in the
world, to draw straight baselines along its
coast.”
(J.R.V. Prescott, The Maritime Political
Boundaries of the World, 1985)

WMU-Sasakawa Global Ocean Institute

Straight Baselines Practice

Excessive straight
baselines need not
prevent boundary
delimitation…
Thailand-Vietnam
maritime boundary
agreed despite
expansive straight
baselines on both
sides.

WMU-Sasakawa Global Ocean Institute

 Imaginary Baselines:
Cuba-USA (1977)

Source: Limits in the Seas 76

WMU-Sasakawa Global Ocean Institute

Source: International Maritime Boundaries
The International Court of Justice’s View:
Qatar-Bahrain Case (2001)

● Bahrain argued that straight baselines could

connect its outermost islands
● ICJ responded that:
“…the method of straight baselines, which is an exception
to the normal rules for the determination of baselines,
may only be applied if a number of conditions are met. This
method must be applied restrictively. Such conditions
are primarily that either the coastline is deeply indented
and cut into, or that there is a fringe of islands along the
coast in its immediate vicinity.” (para.212)

WMU-Sasakawa Global Ocean Institute

The International Court of Justice’s View:
Nicaragua vs. Colombia (2022)
● Alleged Violations of Sovereign Rights and
Maritime Spaces in the Caribbean Sea, Judgment
of 21 April 2022 (Nicaragua v. Colombia)
● Colombian counter-claim regarding violation of its
rights through Nicaragua’s straight baselines:
§ Nicaragua’s straight baselines do not meet the
geographical criteria required under Article 7
§ Even if these criteria exist the baselines depart from the
general direction of the coast and enclose areas not
sufficiently close to the land domain to be internal
waters
§ Nicaragua’s claim “misappropriates significant maritime
areas as internal waters” and expands Nicaragua’s
territorial sea, EEZ and continental shelf
WMU-Sasakawa Global Ocean Institute
Nicaragua’s Straight Baselines

WMU-Sasakawa Global Ocean Institute

Colombia’s Straight Baselines

WMU-Sasakawa Global Ocean Institute

ICJ’s Ruling
● For portion of baselines justified on deeply indented
and cut into coast:
§ Acknowledge that Nicaragua’s coast “curves inward”
§ But, “it is not sufficient for a coast to have slight
indentations and concavities”
● For baselines justified by fringe of islands:
§ Concern over the status of islands – conflicting evidence
concerning Edinburgh Cay
§ No “specific rules” regarding a fringe of islands
§ ICJ view was that a fringe “must enclose a set or cluster
of islands which represent an interconnected system with
some consistency and continuity”
§ The terms “fringe of islands”, “along the coast” and in its
“immediate vicinity”
§ Should be “read together” such that the features are “an
integral part of its coastal configuration”
WMU-Sasakawa Global Ocean Institute
 Dissenting Views
● Judge McRae suggested that the ICJ had provided
alternative but equally precise language which will:
“increase uncertainty in this area rather than
providing clarification.”
● Criticised the absence of consideration of State
practice:
§ “when viewed against that practice the straight baselines
of Nicaragua do not seems to be out of line with the way
States are interpreting Article 7.”
§ McRae suggested that the Court had not produced
language that
§ “is any more precise” than the phrases in Article 7(1)”
§ Further, “what the Court has done…will leave States in
considerable doubt about how to assess whether their
straight baselines meet the requirements of Article 7.”

WMU-Sasakawa Global Ocean Institute

River Closing Lines

River closing line

LOSC, Article 9
If a river flows directly into the sea, the baseline shall be
a straight line across the mouth of the river between
points of its low-water line.

• No maximum width of river mouth specified – most

narrow but River Plate closing line >120 nautical miles
• No guidance on choice of closing line

WMU-Sasakawa Global Ocean Institute

Bays

Geneva Convention on the Territorial Sea

and the Contiguous Zone, Article 7
LOSC, Article 10
1. This article relates only to bays the coasts of which belong to a single State.
2. For the purposes of this Convention, a bay is a well-marked indentation, whose penetration is
in such proportion to the width of its mouth as to contain land-locked waters and constitute
more than a mere curvature of the coast. An indentation shall not, however, be regarded as a
bay unless the area is as large as, or larger than, that of a semi-circle whose diameter is a
line drawn across the mouth of the indentation.
3. For the purpose of measurement, the area of an indentation is that lying between the low-
water mark of its natural entrance points. Where, because of the presence of islands, an
indentation has more than one mouth, the semi-circle shall be drawn on a line as long as the
sum total of the lengths of the lines drawn across the different mouths. Islands within an
indentation shall be included as if they were part of the water area of the indentation.
4. If the distance between the low-water marks of the natural entrance points of a bay does not
exceed 24 nautical miles, a closing line may be drawn between these two low-water marks,
and the waters enclosed thereby shall be considered as internal waters.
5. Where the distance between the low-water marks of the natural entrance points of a bay
exceeds 24 nautical miles, a straight baseline of 24 nautical miles shall be drawn within the
bay in such a manner as to enclose the maximum area of water possible with a line of that
length.
6. The foregoing provisions so not apply to so-called “historic” bays, or in any case where the
system of straight baselines provided for in article 7 applies

WMU-Sasakawa Global Ocean Institute

Bays

Since the area of the bay is less

than the area of the semi-circle,
The bay cannot be closed

Since the area of the bay is larger

than the area of the semi-circles,
The bay can be closed

X The diameter of the semi-circle equals

the total width of mouths X, Y, Z,
Y islands in the bay count as part of the
Area of the bay

If the mouth of the bay is wider than 24

nautical miles, a line can be drawn where
the bay narrows to 24 nautical miles,
provided the semi-circle test is satisfied
Animation by Arsana and Schofield (2012)
WMU-Sasakawa Global Ocean Institute
Historic Bays

6. The foregoing provisions so not apply to so-

called “historic” bays, or in any case where
the system of straight baselines provided for
in article 7 applies.

• US has protested over 15 of the 18 historic

bay claims made
§ e.g. Gulf of Sirte

WMU-Sasakawa Global Ocean Institute

Gulf of Sirte (Sidra)

Source: IBRU

WMU-Sasakawa Global Ocean Institute

Source: Lines in the Sea
US View on Historic Bays

“To meet the international standard for establishing

a claim to historic waters, a State must
demonstrate its open, effective, long-term, and
continuous exercise of authority over the body
of water, coupled with acquiescence by foreign
States to the exercise of that authority. The United
States takes the position that an actual showing of
acquiescence by foreign States in such a claim is
required, as opposed to a mere absence of
opposition.”
(J. Ashley Roach, and R.W. Smith United States
Responses to Excessive Maritime Claims, The Hague:
Martinus Nijhoff Publishers, 2012, p.35.)

WMU-Sasakawa Global Ocean Institute

Permanent Harbour Works

LOSC Article 11
Ports
For the purpose of delimiting the territorial sea,
the outermost permanent harbour works which
form an integral part of the harbour system are
regarded as forming part of the coast. Offshore
installations and artificial islands shall not be
considered as permanent harbour works.

WMU-Sasakawa Global Ocean Institute

Cherbourg
(Normandy, France)

1.5 km
Article 14: Combination of methods

“The coastal State may determine baselines in turn by

any of the methods provided for in the foregoing
articles to suit different conditions.”

The “foregoing articles” referred to are those relating

to:
• normal baselines (Article 5)
• reefs (Article 6)
• straight baselines (Article 7)
• mouths of rivers (Article 9)
• bays (Article 10)
• ports and harbour works (Article 11).

WMU-Sasakawa Global Ocean Institute

Archipelagic States

According to Article 46 of the LOSC an

archipelagic state is one constituted wholly by
one or more archipelagos but may also include
other islands.

Archipelagos themselves are defined in Article

46 as:
…a group of islands, including parts of
islands, interconnecting waters and other
natural features which are so closely interrelated
that such islands, waters and other natural
features form an intrinsic geographical,
economic and political entity, or which historically
have been regarded as such.

WMU-Sasakawa Global Ocean Institute

 Article 47: Archipelagic Baselines
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 1, 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 the geodetic 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.

WMU-Sasakawa Global Ocean Institute

Key Requirements

In order to apply archipelagic baselines in

accordance with the LOSC, therefore, five
conditions have to be met:
● Straight archipelagic baselines joining the outermost points
of the outermost islands and drying reefs of the archipelago
may be drawn so long as the claimant State’s “main islands”
are included within the archipelagic baseline system
● The ratio of water to land within the baselines must be
between 1:1 and 9:1
● The length of any single baseline segment must not exceed
125 M
● No more than three percent of the total number of baseline
segments enclosing an archipelago may exceed 100 M
● Such baselines “shall not depart to any appreciable extent
from the general configuration of the archipelago”

WMU-Sasakawa Global Ocean Institute

Archipelagic Baselines and Maritime Zones

EEZ
Sea
LTE A Contiguous Zone

lf
he

Baselines
s

a
ntin Outer

Se
tal
en

rial
rito
Ter
≤1
Co

25
Internal na
uti
waters cal
m
ile
s
Archipelagic EEZ

(3%)
EEZ waters
LTE B

Land
Co
nt Ou
ine te
nt r
al
sh
e lf EEZ

Animation by Arsana & Schofield, 2012

Source: TALOS Manual (5th edition, 2014)

Indonesia’s Baselines
 Indonesia’s Land Territory

Thailand Philippines
India
Palau
Malaysia

Malaysia
Singapore

Timor Leste

Animation by I Made Andi Arsana (2013) Australia

WMU-Sasakawa Global Ocean Institute

 Indonesia’s Territorial Sea – Ordinance 1939

Thailand Philippines
India
Palau
Malaysia

Malaysia
Singapore

Timor Leste

Animation by I Made Andi Arsana (2012) Australia

I Made Andi Arsana (c) 2013

Djoeanda Declaration – 1957 – Law no 4/Prp/1960

Thailand Philippines
India
Palau
Malaysia

Malaysia
Singapore

Natuna
pocket

Archipelagic waters

Territo
rial Sea
Timor Leste

Australia

I Made Andi Arsana (c) 2013

 Indonesian Archipelagic Baselines and Maritime Claims

Thailand Philippines I Made Andi Arsana | [email protected]

India
Palau
EEZ
Malaysia

Malaysia ZEE
Singapore

ZEE

Archipelagic waters

Archipelagic Baselines Territo

rial Sea
Timor Leste

ZEE
Unilateral Limits (no agreement required)
Agreed maritime boundaries
Unilaterally claimed boundaries (agreement required) Australia

I Made Andi Arsana (c) 2013

The Philippines
 Philippine Archipelagic Baselines Law 2009

Republic Act 9522,

10 March 2009
Jamaica
 Preerving Archipelagic Baselines

Source: Limits in the Seas, no.125 (2004)

Source: Robert van de Poll

Source:, Freestone, D. and Schofield, C.H. (2021) ‘Sea

Level Rise and Archipelagic States: A Preliminary Risk
WMU-Sasakawa Global Ocean Institute
Assessment’, Ocean Yearbook, Volume 35, 340-387.
Publicising Baseline Claims

Article 16 of the UN Convention states:

1. The baselines for measuring the breadth of the territorial sea determined in
accordance with articles 7, 9, and 10, or the limits derived therefrom, and the lines
of delimitation drawn in accordance with articles 12 and 15 shall be shown on
charts of a scale or scales adequate for ascertaining their position. Alternatively, a
list of geographical coordinates of points, specifying the geodetic datum, may be
substituted.
2. The coastal State shall give due publicity to such lists of 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.

Paras 8 and 9 of Article 47 of the UN Convention state:

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 the geodetic 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

§ No equivalent requirement to publicise location of normal baselines (but occurs

when issuing charts).

WMU-Sasakawa Global Ocean Institute

Thank you!