what is the meaning of “Basepoint or point” in law of the sea, LOSC and customary international law

A “basepoint” when employed in UNCLOS analysis means any point on the baseline. In the method of straight baselines, where one straight baseline meets another at a common point, one line may be said to “turn” at that point to form another baseline. Such a point may be termed a “baseline turning point” or simply “basepoint.” In either case “point” means a location that can be fixed by geographic coordinates and geodetic datums meeting UNCLOS standards.

Comment
In LOAC-governed situations under the “other rules of international law” clauses in UNCLOS, a different definition may apply. The same may be the situation if the UN Charter supersedes UNCLOS or if jus cogens norms apply.
Consolidated Glossary ¶ 11 generally describes “baseline” as a “line from which the outer limits of a State’s territorial sea and certain other outer limits of coastal State jurisdiction are measured.” Former Glossary ¶ 11 defined “baseline” as a “line from which the seaward limits of a State’s territorial sea and certain other maritime zones of jurisdiction are measured.” However, under either definition baselines must be determined from particular UNCLOS articles regulating each situation. Although these are workable general definitions, “baseline” has not been included as a term to be defined; UNCLOS supplies different definitions for “baseline,” depending on a particular ocean area.
Consolidated Glossary ¶ 12 defines “basepoint” as “any point on the baseline. In the method of straight baselines, where one straight baseline meets another at a common point, one line may be said to ‘turn’ at that point to form another baseline. Such a point may be termed a ‘baseline turning point’ or simply ‘basepoint.›”
UNCLOS Article 5 provides that except as otherwise provided in UNCLOS, “the normal baseline for measuring the breadth of the territorial sea is the low-water line along the coast as marked on largescale charts officially recognized by the coastal State.” Territorial Sea Convention Article 3 applies the same rule. UNCLOS Article 121(2) applies the same rule for islands, as does Territorial Sea Convention Article 10(2).
UNCLOS Article 33(2) says that a contiguous zone may not be declared beyond 24 nautical miles “from the baselines from which the breadth of the territorial sea is measured.” Article 57 declares the same principle for an EEZ, which cannot extend “beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.”
UNCLOS Article 76(1) measures the continental shelf “beyond [a coastal State’s] territorial sea throughout the natural prolongation of its land territory, or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance.”
However, the shelf may not extend beyond limits Articles 76(4) and 76(6) declare. UNCLOS Article 76(4) declares that
(a)for the purposes of this Convention, the coastal State shall establish the outer edge of the continental margin wherever the margin extends beyond 200 nautical miles from the baselines from which the territorial sea is measured, by either:
a line delineated in accordance with [Article 76(7)] by reference to the outermost fixed points at each of which the thickness of sedimentary rocks is at least 1 percent of the shortest distance from such point to the foot of the continental slope; or
a line delineated in accordance with [Article 76(7)] by reference to fixed points not more than 60 nautical miles from the foot of the continental slope.
(b)In the absence of evidence to the contrary, the foot of the continental slope shall be determined as the point of maximum change in the gradient at its base.
UNCLOS Article 76(5) says that the fixed points comprising the line of the shelf ’s outer limits on the seabed, drawn in accordance with Articles 76(4)(a)(i) and 76(4)(a)(ii) either may not exceed 350 nautical miles “from the baseline from which the breadth of the territorial sea is measured” or may not exceed 100 nautical miles from the 2500 meter isobath, a line connecting the depth of 2500 meters. However, Article 76(6) sets a 350 nautical mile limit, again measured “from the baselines from which the breadth of the territorial sea is measured.”
Under Article 76(7) a coastal State must delineate its shelf ’s outer limits “where that shelf extends 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, by straight lines not exceeding 60 nautical miles in length, connecting fixed points,” defined by latitude and longitude coordinates.
The ILA Committee on Legal Issues of the Outer Limits of the Continental Shelf comments on the interplay of Articles 76(4), 76(6) and 76(7):
There are cases in which the outer limit of the continental shelf beyond 200 nautical miles has to be connected with the outer limit of the continental shelf at 200 nautical miles. This situation raises the question whether a coastal State is required to select a fixed point that meets the requirements … in article[s] 76(4) to 76(6) and is either located at the 200 nautical mile limit or within that distance from the baseline (in the latter case, the outer limit of the continental shelf beyond 200 nautical miles may be connected to the outer limit line at 200 nautical miles at the point at which both lines intersect). A second view would be that a coastal State can use any point at the 200 nautical mile outer limit that can be connected to a fixed point beyond 200 nautical miles that meets the requirements of article 76(4) to article 76(6). In the above cases a choice between these two positions depends on the interpretation of articles 76(4) and 76(7).
Article 76(8) requires a coastal State establishing a shelf more than 200 nautical miles “from the baselines from which the breadth of the territorial sea is measured” to submit data on that shelf to the Commission on the Limits of the Continental Shelf; its recommendations on limits for this kind of shelf are binding. Articles 82(1) and 82(4) require States exploiting the shelf beyond 200 nautical miles from the baselines from which the territorial sea is measured to make payments or contributions in kind through the Authority, which must distribute them to UNCLOS parties on the basis of equitable sharing.
UNCLOS Article 246(5) recites certain situations, including projects of direct significance for exploring and exploiting natural resources as stated in Article 246(5)(a), when coastal States may withhold EEZ and continental shelf MSR consent, which normally must be given other States or competent international organizations under Articles 246(3) and 246(4). However, coastal States may not withhold consent under Articles 246(5)(a) on the shelf beyond 200 nautical miles from baselines from which the breadth of the territorial sea is measured, outside specific areas coastal States may publicly designate for exploitation or detailed exploration operations focused on those areas.
The Shelf Convention uses only depth of waters or exploitability as criteria:
“[C]ontinental shelf ” … refer[s] … (a) to the seabed and subsoil of the submarine areas adjacent to the coast but outside the area of the territorial sea, to a depth of 200 meters or, beyond that limit, to where the depth of the superjacent waters admits of the exploitation of the natural resources of the said areas; (b) to the seabed and subsoil of similar submarine areas adjacent to the coasts of islands.
UNCLOS Article 83, providing for delimiting a shelf between opposite or adjacent States, has no provision involving baselines, but Shelf Convention Article 6(1) says that if there is no agreement between opposite States, and unless “special circumstances” justify another line, the boundary is “the median line, every point of which is equidistant from the nearest points of the baselines” from which the States’ territorial sea are measured. Article 6(2) recites the same rule for adjacent States.
Article 6(3) says that lines drawn in accordance with Articles 6(1) or 6(2) must refer to “fixed permanent identifiable points on the land.” The territorial sea baseline is therefore the standard benchmark for determining most seaward boundaries. UNCLOS Article 5 declares that except as otherwise provided in the Convention, “the normal baseline for measuring the territorial sea is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State.” Territorial Sea Convention Article 3 applies the same standard.
For islands on atolls or islands with fringing reefs, UNCLOS Article 6 provides that the baseline for the territorial sea is the seaward low water line of the reef, as shown by the same kind of charts. Where the coastline is deeply indented and cut into, or if there is a fringe of islands along the coast “in its immediate vicinity,” UNCLOS Article 7(1) provides that “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.” If Article 7(1) applies, Article 7(5) allows account to be taken to determine particular baselines of “economic interests peculiar to the region concerned, the reality and importance of which are clearly evidenced by long usage.”
Territorial Sea Convention Articles 4(1) and 4(4) are to the same effect. UNCLOS Article 7(2) says that where a delta and other natural conditions produce a “highly unstable” coastline, “the appropriate points may be selected along the furthest seaward extent of the low-water line, and notwithstanding subsequent regression” of this line, the straight baselines remain effective until the coastal State changes them in accordance with UNCLOS.
UNCLOS Article 7(3) provides: “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 linked to the land domain to be subject to the regime of internal waters.” Territorial Sea Convention Article 4(2) is to the same effect.
UNCLOS Article 7(4) adds that straight baselines must not be drawn to and from low-tide elevations unless lighthouses or similar installations permanently above sea level have been built on them, except where drawing baselines to and from such elevations “has received general international recognition.” Apart from the last exception, Territorial Sea Convention Article 4(3) uses the same language. UNCLOS Article 7(6) says that a State cannot apply a straight baseline system to cut off another State’s territorial sea from the high seas or EEZ. Territorial Sea Convention Article 4(5) applies the same rule to another State’s territorial sea.
UNCLOS Article 8 says that except for archipelagic waters situations under UNCLOS Part IV, internal waters are those on the landward side of territorial sea baselines. If an Article 7-determined straight baseline has the effect of enclosing as internal waters an ocean area not previously considered as such, a right of innocent passage under UNCLOS exists. Territorial Sea Convention Article 5 is to the same effect, except that there is no reference to archipelagic States.
For river mouths, UNCLOS Article 9 provides that if it flows directly into the sea, the baseline is a straight line across its mouth between points on the low-water line of its banks. Territorial Sea Convention Article 13 recites the same language. UNCLOS Article 10 declares rules for bays where their coasts belong to one State. Article 10(5) says that where the distance between lowwater marks of the natural entrance points of a bay exceeds 24 nautical miles, a straight baseline of 24 nautical miles must be drawn within the bay so as to enclose the maximum area of water possible with a line of that length. Territorial Sea Convention Article 7(4) has the same language.
UNCLOS Article 10(6) excludes “historic bays” and cases where Article 7’s straight baseline system applies, as does Territorial Sea Convention Article 7(6).
For ports under UNCLOS Article 11, the outermost permanent harbor works forming an integral part of the harbor system are part of the coast. Offshore installations and artificial islands are not. Except for the proviso for offshore installations and artificial islands, Territorial Sea Convention Article 8 is the same. Under UNCLOS Article 12, roadsteads normally used for loading, unloading and anchoring ships and which would otherwise be wholly or partly outside the territorial sea are included in the territorial sea. Territorial Sea Convention Article 10 is to the same effect.
Under UNCLOS Article 13, a low-tide elevation, a naturally formed area of land surrounded by and above water at low tide but below water at high tide, is wholly or partly at a distance not exceeding the territorial sea’s breadth from the mainland or an island, the low-water line on that elevation may be used as a baseline for measuring the territorial sea. If wholly situated at a distance exceeding the breadth of the territorial sea from the mainland or an island, an elevation has no territorial sea. Territorial Sea Convention Article 11 uses the same language.
UNCLOS Article 14 allows a coastal State to “determine baselines in turn by any … method … in the foregoing articles [Articles 1-13?] to suit different conditions.”
UNCLOS Article 15 recites rules for States with opposite or adjacent coasts. The rules are the same as in Territorial Sea Convention Article 12.
UNCLOS Article 16 requires that baselines for measuring the territorial sea’s breadth determined under Articles 7, 9 and 10, or limits derived from these Articles, and delimitation lines drawn in accordance with Articles 12 and 15, must 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 submitted. The coastal State must give due publicity to these charts or lists and must deposit a copy of each chart or list with the UN Secretary-General.
UNCLOS Article 35(a) declares that nothing in the UNCLOS rules for straits used for international navigation affects areas of internal waters within a strait, except where establishing a straight baseline by Article 7 has the effect of enclosing as internal waters areas not previously considered as such.
There are separate rules for archipelagic baselines applying to archipelagic States and archipelagoes as defined in UNCLOS Article 46.
Under Article 47(1), an archipelagic State may draw straight archipelagic baselines joining 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. Article 47(2) says these baselines’ length must not exceed 100 nautical miles; up to 3 percent of the total number of baselines enclosing an archipelago may exceed that length, to an 125 nautical mile maximum. Drawing these baselines may not depart “to any appreciable extent” from an archipelago’s general configuration, according to Article 47(3).
Article 47(4) says these baselines may not be drawn to and from low-tide elevations, unless lighthouses or similar installations have been built on them or where an elevation is situated wholly or partly at a distance not exceeding the breadth of the territorial sea from the nearest island. Article 47(5) declares that an archipelagic State cannot apply this baseline system cannot be applied to cut off another State’s territorial sea from its EEZ or the high seas. Under Article 47(6), if part of an archipelagic State’s archipelagic waters lies between two parts of an immediately neighboring adjacent State, existing rights and all other legitimate interests the latter State has traditionally exercised in such waters and all rights in agreements between those States must continue and be respected. Under Article 47(7), in computing ratio of water to land when establishing archipelagic waters of an archipelagic State as UNCLOS defines that State, atolls and waters within them may be included as part of the land area of that State.
Article 47(8) says that baselines drawn in accordance with Article 47 must be shown on charts of a scale or scales adequate for determining their position. Lists of geographical coordinates of points, specifying the geodetic datum may be substituted for these. Article 47(9) requires archipelagic States to give due publicity to these charts or lists and to deposit a copy of each with the UN Secretary-General.
UNCLOS Article 48 provides that an archipelagic State’s breadth of territorial sea, contiguous zone, EEZ and continental shelf are measured from Article 47 archipelagic baselines. Under Article 49(1), archipelagic State sovereignty extends to waters archipelagic baselines enclose pursuant to Article 47. Article 50 provides that an archipelagic State may draw closing lines to delimit internal waters in accordance with Articles 9-11. UNCLOS Article 1(1)(2) defines the Authority cited in UNCLOS Article 82(4).

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