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. CommentIn 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,…
You must be Register or logged in to view full content, high resolution maps, charts, pdf and more.
