A baseline is a boundary line that determines where a State’s maritime sovereignty and jurisdiction begins and ends.

 

Measurement of baseline

BASE LINE:

A baseline is a boundary line that determines where a State’s maritime sovereignty 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.

The baseline may be of various types depending upon the shape of the coastline under United Nations Convention on the Law of the Sea 1982.

1. Normal baseline: According to Article 5 of UNCLOS, a normal baseline is drawn at the low-water line, as stated in official charts recognized by the coastal State. A normal baseline can be drawn around low-tide elevations. Low-Tide Elevations are defined as naturally formed areas of land which rise above water at low tide but submerged at high tide. Waters on the landward side of a baseline are considered a State's internal waters. However, in some situations, it is either impractical or uneconomical to draw a normal baseline.  

2. Straight baselines: Straight baselines are used in lieu of normal baselines. Article 7(1) states that straight baselines should be used when normal baselines are impractical. Straight baselines are a system of straight lines joining specified or discrete points on the low-water line, usually known as Straight baselines. Straight baselines may be drawing in the following circumstances:

1.      Where a river flows directly into the sea.

2.      Where the coast is highly unstable because of the presence of a delta or other natural conditions.

3.      Where the coast is deeply indented.

4.      Where there is a fringe of islands along the coast in its immediate vicinity.

For the purposes of this section, the points between which straight baselines may be drawn are-

1.      In a case where a river flows directly into the sea, a point at each side of the river's mouth on the low-water line of the river's banks.

2.      In a case where the coast is highly unstable because of the presence of a delta or other natural conditions, points along the furtherest seaward extent of the low-water line.

3.      In any other case, points that are appropriate in the circumstances.

3. Reefs: 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.

4. MOUTHS OF RIVER: According to Article 9 of UNCLOS, where a river flows directly into the sea, then a straight baseline is drawn between the low-water marks on the mouth of the river.  

5. BAY:

1. Where the distance between the low-water marks of the natural entrance points of the bay does not exceed 24 nautical miles, shall be drawn a straight line joining those low-water marks.

2. Where the bay has more than one mouth and the distances between the low-water marks of the natural entrance points of each mouth added together do not exceed 24 nautical miles, shall be drawn a series of straight lines across each of the mouths so as to join those low-water marks.

3. 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 that is possible with a line of that length.

Note: The baseline across the bay must also be no more than 24 nautical miles (44 km) in length.

6. Archipelagic baselines: Archipelagic baselines are straight lines joining the outermost points of the outermost islands and drying reefs which may be used to enclose all or part of an archipelago forming all or part of an archipelagic State.

7. 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. Off-shore installations and artificial islands shall not be considered as permanent harbour works.

8. Roadsteads: Roadsteads which are normally used for the loading, unloading and anchoring of ships, and which would otherwise be situated wholly or partly outside the outer limit of the territorial sea, are included in the territorial sea.

9. Low-tide elevations:

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.

                                                                                                        

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