Article 44 of the LOSC applies mutatis mutandis to archipelagic sea lanes passage. It follows that archipelagic States shall not hamper archipelagic sea lanes passage and shall give appropriate publicity to any danger to navigation or overflight within or over the strait of which they have knowledge. In addition to this, there shall be no suspension of archipelagic sea lanes passage..Rights and Obligations of an Archipelagic State in law of the sea, customary international law and LOSC, Archipelagic Sea Lanes Passage, archipelagic State, Article 44 of the LOSCView More Rights and Obligations of an Archipelagic State in law of the sea, customary international law and LOSC
The principal elements of the right of archipelagic sea lanes passage can be summarised:
(i) As with the right of transit passage, the right of archipelagic passage applies between one part of the high seas or an EEZ and another part of the high seas or an EEZ.
(ii) All ships and aircraft enjoy the right of archipelagic sea lanes passage in such sea lanes and air routes under Article 53(2). The right of archipelagic sea lanes passage contains the rights of overflight by aircraft. In common with the right of transit passage, foreign warships and military aircraft have the right of archipelagic sea lanes passage.
(iii) Like the right of transit passage, archipelagic sea lanes passage must be the exercise of the rights of navigation and overflight solely for the purpose of continuous, expeditious and unobstructed transit. The Right of Archipelagic Sea Lanes Passage based on law of the sea(and customary international law and LOSC), air routes, Archipelagic Sea Lanes Passage, archipelagic State, IMO, Marine Safety Committee, territorial sea
Article 47(1) of the LOSC provides as follows :
An archipelagic State may draw straight archipelagic baselines joining the outermost points of the outermost islands and drying reefs of the archipelago.
A key point is that the legal criteria of being an archipelago must be fulfilled in order to construct archipelagic baselines. In other words, a State which does not meet the legal definition of an archipelagic State is not entitled to draw archipelagic baselines. The language of this provision also suggests that the establishment of archipelagic baselines is facultative. Article 47 sets out conditions for drawing these baselines in some detail… how draw Archipelagic Baselines in the international law of the sea and LOSC?, Archipelagic Baselines, archipelagic State, High seas, LOSC, low-tide elevations, opinio juris, straight archipelagic baselines, territorial sea