what is a baseline
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law of the seaTRANSCRIPT
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What is a baseline?
A baseline is a legal construct: a boundary line that determines where a State’s maritimesovereignty and jurisdiction begins and ends.
In fact, baselines determine all areas of maritime jurisdiction.
They create a demarcation between areas where a State has no rights and those where a State
does enjoy rights.
A baseline is the line from which the seaward limits of a state's territorial sea and certain other maritime ones of jurisdiction are measured.
!ormally, a sea baseline follows thelow"water line of a coastal state. #hen the coastline isdee$ly indented, has fringing islands or is highly unstable, straight baselines may be used.
%aselines are reference lines drawn by a coastal or archi$elagic State using different methods.
They are used to measure the breadth of the territorial sea &(nm), contiguous one &(* nm),
++ &(--nm) and continental shelf &u$ to /-nm). Also, the waters enclosed by the baselines
are called archi$elagic waters over which an archi$elagic State e0ercises sovereignty.
The importance of baselines
1undamental to maritime boundary delimitation
2etermine base $oints for construction of e3uidistant lines
+3uidistant lines often used at least as the starting $oint for maritime delimitation
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How to determine baselines?
According to the 4!567S, there are four methods that can be em$loyed in determining a
baselines, namely:
. Normal Baseline, according to Art. /, 8is the low"water line along the coast as mar9ed
on large"scale charts officially recognied by the coastal State.
(. Straight Baseline, according to Art. ;, can be em$loyed if ever 8the coastlines are
indented and cut into or there is a fringe of islands along the coast in its immediate
vicinity.
. Bay or river closing lines, according to Art. - and <
Art <: If a river flows directly into the sea, the baseline shall be a straight line across the mouth of the river between $oints on the low"water line of its ban9s.
Art -: This article relates only to bays the coasts of which belong to a single State.
*. Archipelagic Baseline, according to Art. *;, is a method of 8joining the outermost $oints
of the outermost islands and drying reefs of an archi$elago $rovided that within such baselines are included the main island and an area in which the ratio of the area of the
water to the area of the land, including atolls, is between : and <:.
Normal Baseline.
According to Article / of 4!567S, a normal baseline is drawn at the low"water line, as
stated in official charts. =erha$s the easiest way to thin9 of a normal baseline is as an 8outline of a State’s coast.
#aters on the landward side of a baseline are considered a State's internal waters, treated
much in the way that land would be treated. >owever, in some situations, it is either im$ractical or uneconomical to draw a normal
baseline. In such cases, straight baselines are used in lieu of normal baselines
Straight Baseline
Straight baselines are used in lieu of normal baselines. Article ;&) states that straight
baselines should be used when normal baselines are im$ractical.
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Straight baselines are a system of straight lines joining s$ecified or discrete $oints on the
low"water line, usually 9nown as Straight baselines. Straight baselines may be drawing inthe following circumstances:
. #here a river flows directly into the sea.
(. #here the coast is highly unstable because of the $resence of a delta or other naturalconditions.
. #here the coast is dee$ly indented.
*. #here there is a fringe of islands along the coast in its immediate vicinity.
1or the $ur$oses of this section, the $oints between which straight baselines may be drawn
are"
. In a case where a river flows directly into the sea, a $oint at each side of the river’s mouth on
6ow water line of the river's ban9s.
(. In a case where the coast is highly unstable because of the $resence of a delta or other natural
conditions, $oints along the furthest seaward e0tent of the low"water line.. In any other case, $oints that are a$$ro$riate in the circumstances.
Bay or river closing lines
#here the distance between the low"water mar9s of the natural entrance $oints of the bay
does not e0ceed (* nautical miles, shall be drawn a straight line joining those low"water
mar9s. #here the bay has more than one mouth and the distances between the low"water mar9s of
the natural entrance $oints of each mouth added together do not e0ceed (* nautical miles,
shall be drawn a series of straight lines across each of the mouths so as to join those low"water mar9s.
#here the distance between the low"water mar9s of the natural entrance $oints of a bay
e0ceeds (* nautical miles, a straight baseline of (* nautical miles shall be drawn within the
bay in such a manner as to enclose the ma0imum area of water that is $ossible with a lineof that length.
!ote: The baseline across the bay must also be no more than (* nautical miles &** 9m) in length.
Archipelagic Baseline
Archi$elagic baselines are straight lines joining the outermost $oints of the outermost
islands and drying reefs which may be used to enclose all or $art of an archi$elago formingall or $art of an archi$elagic State.