Model Answer
0 min readIntroduction
The United Nations Convention on the Law of the Sea (UNCLOS), 1982, is the international agreement governing ocean use, establishing maritime zones and their respective rights and responsibilities. Central to defining these zones is the concept of the 'Baseline'. It serves as the starting point from which the breadth of territorial seas, exclusive economic zones (EEZs), and continental shelves are measured. Recent disputes concerning island claims in the South China Sea highlight the crucial role of baseline determination in defining maritime boundaries and influencing resource access, making a clear understanding of this concept essential.
What is the Baseline under UNCLOS?
The baseline, as defined by UNCLOS, is the low-water line along the coast of a state. It's the reference line from which the breadth of the territorial sea (12 nautical miles), contiguous zone (24 nautical miles), exclusive economic zone (200 nautical miles), and continental shelf are measured. Essentially, it's the foundation upon which a coastal state's maritime rights are built. The accurate determination of the baseline is therefore paramount for a state’s ability to claim maritime zones.
Types of Baselines
UNCLOS recognizes two primary types of baselines: normal baselines and archipelagic baselines.
Normal Baselines
These are the most common type, following the low-water line along the mainland coast and inhabited islands. The low-water line is defined as the line of mean low-water, which is the average of the lowest tide heights observed over a specified period (typically 18.6 years, a Metonic cycle).
Archipelagic Baselines
For archipelagic states (those consisting primarily of islands), UNCLOS allows for a unique baseline system. Article 47 of UNCLOS permits archipelagic states to draw straight baselines connecting designated islands, effectively treating the entire archipelago as a single landmass. This allows them to claim territorial sea, EEZ, and continental shelf extending from these straight baselines, potentially enclosing waters that would otherwise be considered international waters. This is a contentious provision, subject to strict conditions outlined in UNCLOS.
Determining the Baseline: Methods
The process of determining the baseline involves several steps, often a source of international dispute:
- Low-Tide Line Determination: This involves hydrographic surveys and tidal measurements to establish the mean low-water line.
- Straight Baselines (Archipelagic States): Article 47 outlines specific criteria for drawing straight baselines, including the islands being "closely linked" and not enclosing significant bays. The baseline cannot be drawn more than 24 nautical miles from the nearest mainland or island.
- Deemed Islands: UNCLOS allows states to consider low-tide features that are submerged at high tide but are exposed at low tide as islands for baseline purposes. This is a contentious issue, particularly in the South China Sea.
- Geometric Construction: Baseline determination often involves complex geometric calculations and cartographic representations.
| Baseline Type | Definition | Applicability | Implications |
|---|---|---|---|
| Normal Baseline | Low-water line along the mainland coast and inhabited islands | Most coastal states | Standard measurement for maritime zones |
| Archipelagic Baseline | Straight lines connecting designated islands in archipelagic states | Archipelagic states (e.g., Indonesia, Philippines) | Potential for enclosing waters, impacting international navigation |
Challenges and Disputes
Baseline determination is often a source of international dispute. The interpretation of UNCLOS provisions, particularly regarding archipelagic baselines and the status of low-tide features, has led to several conflicts.
- South China Sea Dispute: China's claim to historic rights based on its "nine-dash line" overlaps with the EEZs of neighboring countries, many of which are based on baselines determined according to UNCLOS.
- Disputes between India and Pakistan: Differences in baseline determination in the Sir Creek area have contributed to ongoing tensions.
- Island Claims: The status of islands and low-tide features, and their impact on baseline calculations, remains a significant point of contention in various regions.
The Permanent Court of Arbitration’s (PCA) 2016 ruling in the Philippines v. China case highlighted the importance of adhering to UNCLOS provisions regarding baseline determination and maritime boundaries. However, China has rejected the ruling.
Scheme: Integrated Coastal Zone Management (ICZM) Plan – India's ICZM plan aims to sustainably manage coastal resources, including accurately delineating baselines and protecting maritime rights. It’s a crucial element in addressing baseline-related challenges.
Case Study: The South China Sea Arbitration Case (Philippines v. China, 2016) - This case highlighted the significance of baseline determination in defining maritime zones and resolving disputes. The PCA ruled that China's "nine-dash line" claim had no legal basis under UNCLOS, emphasizing the importance of adherence to the convention’s provisions on baseline delineation and maritime boundary demarcation. The outcome underscored the importance of international law in resolving maritime disputes, although China’s subsequent rejection of the ruling demonstrated the complexities involved.
Conclusion
The baseline is a foundational concept in UNCLOS, serving as the bedrock for defining a state's maritime rights and responsibilities. While the process of determining these baselines is relatively straightforward for most states, the complexities arising from archipelagic baselines and the status of low-tide features often lead to international disputes. Accurate baseline determination, adherence to UNCLOS principles, and peaceful resolution mechanisms remain crucial for maintaining maritime stability and ensuring equitable access to ocean resources. The future may see increased reliance on advanced hydrographic technologies and international cooperation to resolve baseline-related conflicts.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.