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Journal articles on the topic 'Baselines (Law of the sea)'

Author: Grafiati

Published: 26 February 2023

Last updated: 31 July 2025

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1

Lathrop, Coalter G., J. Ashley Roach, and Donald R. Rothwell. "Baselines under the International Law of the Sea." Brill Research Perspectives in the Law of the Sea 2, no. 1-2 (2019): 1–177. http://dx.doi.org/10.1163/24519359-12340005.

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AbstractBetween 2008–2018 the International Law Association (ILA) Committee on Baselines under the International Law of the Sea produced two reports on the normal baseline (2012) and straight and archipelagic baselines (2018). The Sofia Report (2012) is organised around the interpretation of Article 5 of the 1982 United Nations Convention on the Law of the Sea (LOSC) concerning the normal baseline. Under the leadership of Committee Chair Judge Dolliver Nelson, the Committee was asked to identify the existing law on the normal baseline and to assess the need for further clarification or develop

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Magnússon, Bjarni Már, and Snjólaug Árnadóttir. "Iceland’s Territorial Sea Baselines, Volcanic Eruptions and Sea Level Rise." Yearbook of Polar Law Online 15, no. 1 (2024): 3–19. https://doi.org/10.1163/22116427_015010002.

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Abstract Volcanic eruptions can have various consequences, including in the field of the international law of the sea. This article addresses the impact that two volcanic eruptions had on the baselines for measuring the breadth of Iceland’s territorial sea. First, the impact of the eruption in 1918 in Katla was addressed by the Supreme Court of Iceland in 1922 which confirmed a district court decision stating that the territorial sea line was not a fixed or determined line on the sea but changed with avulsions and accretions. Second, the sudden appearance of the volcanic island Surtsey in 1963

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Schofield, Clive. "Departures from the Coast: Trends in the Application of Territorial Sea Baselines under the Law of the Sea Convention." International Journal of Marine and Coastal Law 27, no. 4 (2012): 723–32. http://dx.doi.org/10.1163/15718085-12341252.

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Abstract Baselines are crucial to the definition of maritime claims and the delimitation of maritime boundaries. The United Nations Convention on the Law of the Sea (LOSC) provides for several distinct types of baseline. These various baselines are discussed relative to their practical application over the past three decades. While some LOSC baseline provisions have proved to be well drafted and have led to broad compliance, the loose language contained in other baselines Articles has resulted in their being interpreted liberally. Contemporary and emerging trends and challenges are also highli

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Schofield, Clive, and Robert van de Poll. "Claims to Straight Baselines in the Asia-Pacific: Contrary to Customary International Law?" Asia-Pacific Journal of Ocean Law and Policy 7, no. 2 (2022): 313–29. http://dx.doi.org/10.1163/24519391-07020010.

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Abstract This article examines the straight baseline claims that have been made by coastal States in the Asia-Pacific region in light of the International Court of Justice’s ruling regarding Nicaragua’s straight baselines in the Caribbean Sea. Uncertainties over the relevant provisions of the United Nations Convention on the Law of the Sea are discussed before straight baseline claims made in the Asia-Pacific region are outlined with particular note made of Malaysia’s June 2022 clarification of its baselines claims through publication of the geographical coordinates of the base points concerne

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Wolfrum, Rüdiger. "Remarks by Rüdiger Wolfrum." Proceedings of the ASIL Annual Meeting 114 (2020): 386–89. http://dx.doi.org/10.1017/amp.2021.42.

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It has been argued that the expected sea-level rise will lead to the shifting of baselines. It is further held that, as a matter of consequence, this means that all maritime borders depending upon baselines will have to shift accordingly or have to be renegotiated. This would affect the boundaries vis-à-vis neighboring states, opposite or adjacent, as well as the delineation of the exclusive economic zone and the delineation of the continental shelf if no outer continental shelf (no shelf beyond 200 nm) exists. The Baselines Committee of the International Law Association (ILA) stated that in “

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Soons, Alfred. "Remarks by Alfred Soons." Proceedings of the ASIL Annual Meeting 114 (2020): 389–92. http://dx.doi.org/10.1017/amp.2021.43.

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Whether or not there are “shortcomings” in the United Nations Convention on the Law of the Sea (UNCLOS) depends of course on one's view of the adequacy or desirability of the current law, and that in turn depends on one's views of what the current law is. Before I comment on that, it is useful to first summarize what we are talking about, and that is what the consequences are of a rising sea level for the location and extent of maritime jurisdictional areas. And here a distinction must be made between (1) areas that have been delimited between two coastal states by a boundary agreement or a de

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Soons, Alfred. "Some Observations on the ‘Ambulatory’ Nature of the Normal Baseline." Portuguese Yearbook of the Law of the Sea 1, no. 1 (2024): 5–11. http://dx.doi.org/10.1163/29501636-01010002.

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Abstract From the start of the discussion about the implications of sea level rise for the entitlements of coastal States to maritime jurisdictional zones, the question of the interpretation of Art. 5 unclos (and the corresponding rule of customary international law) on the ‘normal’ baseline of the territorial sea became an essential element of the debate. The then generally accepted interpretation of Art. 5 assumed that this normal baseline, viz., the low-water line along the coast, when physically moving as a result of sea level rise, would have the effect of also moving the outer limits of

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Virzo, Roberto. "Sea-Level Rise and State of Necessity: Maintaining Current Baselines and Outer Limits of National Maritime Zones." Italian Review of International and Comparative Law 2, no. 1 (2022): 21–47. http://dx.doi.org/10.1163/27725650-02010002.

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Abstract For some coastal States, the rise in sea levels may cause the baselines and national maritime spaces to regress towards the coast. From a legal point of view, the question arises as to whether, in the event of such phenomenon occurring, the States concerned would be able to maintain their current baselines and outer limits of national maritime spaces. According to some authors, this would be prohibited by the existing rules of the international law of the sea. If this were the case, one would nevertheless still have to consider whether the States affected by sea-level rise could invok

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Oral, Nilüfer. "International Law as an Adaptation Measure to Sea-level Rise and Its Impacts on Islands and Offshore Features." International Journal of Marine and Coastal Law 34, no. 3 (2019): 415–39. http://dx.doi.org/10.1163/15718085-13431094.

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AbstractClimate change-induced sea-level rise will result in the partial or complete inundation of low-lying coastal areas and insular features. The consequences of this include the loss of baselines from which maritime zones are established. The loss of baselines raises a number of legal questions, in particular concerning the legal status of maritime entitlements and in some cases the potential loss of statehood. Solutions proposed include maintaining existing baselines or outer limits of maritime zones, or the construction de novo of artificial islands. This article examines the current sta

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Freestone, David, and Clive Schofield. "Pacific Islands Countries Declare Permanent Maritime Baselines, Limits and Boundaries." International Journal of Marine and Coastal Law 36, no. 4 (2021): 685–95. http://dx.doi.org/10.1163/15718085-bja10071.

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Abstract The Pacific Island countries are in the front line of adverse impacts from sea level rise. For the last decade the South Pacific Forum Members have been seeking ways to preserve their entitlements to their maritime zones and resources in the event of inundation of coasts and coastal features as a result of sea level rise. The issue was explored by the International Law Association in its 2018 Report and is being considered by a Study Group of the International Law Commission. This 2021 Declaration by the 18 Members of the South Pacific Forum purporting to fix permanently their maritim

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Su, Jinyuan. "The Unity Status of Continental States’ Outlying Archipelagos." International Journal of Marine and Coastal Law 35, no. 4 (2020): 801–33. http://dx.doi.org/10.1163/15718085-bja10004.

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Abstract This article argues that the United Nations Convention on the Law of the Sea (LOSC) does not exhaust rules of baseline regimes; those for continental States’ outlying archipelagos were set aside for development outside the Convention by negotiating States during the Third United Nations Conference on the Law of the Sea. Today, most of the continental States possessing outlying archipelagos have applied the unity theory to such archipelagos, many by enclosing them with straight baselines, which has been protested by very few States. The application of straight baselines to big- island-

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Murphy, Asia. "To Freeze or Not to Freeze: An Analysis of the Approaches to Maritime Boundaries amidst Global Sea Level Rise." Ocean Yearbook Online 39, no. 1 (2025): 178–200. https://doi.org/10.1163/22116001-03901009.

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Abstract for Scopus Indexing: This article examines the various approaches to addressing the issue of maritime baselines in the context of the current climate crisis and inevitable global sea level rise. As sea levels rise, coastal State boundaries may change due to the submersion of land and the increase of internal waters. The possible approaches to shifting maritime entitlements and boundaries include the proposal to freeze the current maritime baselines of coastal States, adapting the UN Convention on the Law of the Sea to regulate changing baselines, or creating a new legal framework to h

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McCreath, Millicent. "Singapore." International Journal of Marine and Coastal Law 33, no. 4 (2018): 836–46. http://dx.doi.org/10.1163/15718085-23330015.

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Abstract This article summarises and discusses the main issues addressed at the conference hosted by the Centre for International Law at the National University of Singapore in March 2018 on Climate Change and the Law of the Sea: Adapting the Law of the Sea to Address the Challenges of Climate Change. The conference covered topics including the status and entitlement of offshore features, impacts of sea-level rise on baselines, the content of the LOSC climate change obligations, climate change dispute settlement under the LOSC, and possible ways to develop or adapt the LOSC to address the chal

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Kim, Minchul. "Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia, 2022): A Commentary." Korea International Law Review 63 (October 31, 2022): 33–87. http://dx.doi.org/10.25197/kilr.2022.63.33.

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This article examines the judgment of the Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia), which was rendered by the International Court of Justice (ICJ) in April 2022. In addition, it provides some comments in law of the sea perspective and also draws implications in Korean perspective. In this judgment, the ICJ dealt with the following issues: the rights and duties-particularly with respect to the fisheries and marine environmental protection -of Nicaragua and Colombia in Nicaragua’s exclusive economic zone (EEZ), the compatibility of C

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Schofield, Clive, and David Freestone. "Islands Awash Amidst Rising Seas: Sea Level Rise and Insular Status under the Law of the Sea." International Journal of Marine and Coastal Law 34, no. 3 (2019): 391–414. http://dx.doi.org/10.1163/15718085-13431098.

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Abstract This article considers the potential impacts of sea level rise on maritime zones with particular reference to impacts on islands. It considers the sea level rise predictions of the Intergovernmental Panel on Climate Change; it outlines the existing legal framework for coastal baselines and insular features established by the 1982 Law of the Sea Convention. It highlights the work of the International Law Association Committee on International Law and Sea Level Rise, which in its 2018 report had identified the development of a body of State practice among the States and Territories of t

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KAYE, STUART B. "Territorial Sea Baselines along Ice-Covered Coasts: International Practice and Limits of the Law of the Sea." Ocean Development & International Law 35, no. 1 (2004): 75–102. http://dx.doi.org/10.1080/00908320490264391.

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Lanovoy, Vladyslav, and Sally O’Donnell. "Climate Change and Sea-Level Rise." International Community Law Review 23, no. 2-3 (2021): 133–57. http://dx.doi.org/10.1163/18719732-12341466.

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Abstract This article examines the challenges that climate change and sea-level rise pose to certain key aspects of the law of the sea. Sea-level rise is likely to impact maritime baselines, the qualification of maritime features and the entitlements they generate, and ultimately the stability of maritime boundaries, which are critical for the peaceful co-existence of sovereign States. This article examines whether some of the relevant provisions of the United Nations Convention on the Law of the Sea can accommodate a liberal interpretation so as to provide some, even if incomplete, answers to

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Gamil Aboukhewat, Maher. "The Legal Status of Archipelagos in the International Law of the Sea." Economics, Law and Policy 2, no. 2 (2019): p189. http://dx.doi.org/10.22158/elp.v2n2p189.

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The archipelagic States, which attempt to extend their control over the waters surrounding their islands, are demanding the establishment of a legal system for archipelagos in order to preserve their interests, their maritime wealth and their regional security. On the other hand, there are the great maritime States that hold on to the freedom of the sea and international navigation.The problems raised by the islands constituting the archipelago did not stand at the end of sovereignty disputes and their right to their own maritime areas, but many other problems were associated with the presence

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Vidas, Davor, and David Freestone. "Legal Certainty and Stability in the Face of Sea Level Rise: Trends in the Development of State Practice and International Law Scholarship on Maritime Limits and Boundaries." International Journal of Marine and Coastal Law 37, no. 4 (2022): 673–725. http://dx.doi.org/10.1163/15718085-bja10106.

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Abstract This article identifies and documents a trend in State practice over the past decade or so, regarding the impact of sea level rise on the lawfully determined limits of maritime zones and the existing maritime boundaries. It juxtaposes this development with the findings and recommendations of two committees of the International Law Association in 2012 and 2018 – the Committees on Baselines and Sea Level Rise – and examines the role played since 2019 by the International Law Commission. It explores the implications of emerging State practice for the interpretation of the rules and princ

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Nisrina, Shofy Suma, and Enny Narwati. "Perubahan Baseline Negara Kepulauan Akibat Perubahan Iklim dalam Hukum Internasional." Jurist-Diction 4, no. 5 (2021): 2055. http://dx.doi.org/10.20473/jd.v4i5.29833.

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AbstractClimate change is a natural phenomenon that occur through a complicated and an evolutionary process. The impact of such natural phenomena is expected to shift the state's baseline following the geographical condition, consequently, it will also change the maritime zone owned by the state. The Law of the Sea has not regulated such impacts of the shifting baselines caused by natural phenomena which indicates a legal vacuum on this matter. This legal research examines the regulations and its implications which can be the basis of an archipelagic state’s shifting baselines coverage due to

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Bautista, Lowell, and Clive Schofield. "The Philippines’ Submission for an Extended Continental Shelf in the West Palawan Region: Legal Analysis, Implications and Reactions." Asia-Pacific Journal of Ocean Law and Policy 9, no. 2 (2024): 317–43. https://doi.org/10.1163/24519391-090200010.

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Abstract This article examines the Republic of the Philippines’ recent partial submission to the United Nations Commission on the Limits of the Continental Shelf (clcs) concerning the outer limits of its continental shelf beyond 200 nautical miles (M) from its baselines. The submission, grounded in the United Nations Convention on the Law of the Sea (unclos), relates to the West Palawan Region, located in the South China Sea. The article explores the procedural aspects of the clcs rules in dealing with areas of continental shelf subject to overlapping submissions or disputes and assesses the b

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Villalobos, Marcelo Molina. "Antarctic Maritime Zones in the Era of Climate Change: ILC, ILA and the Long Road Ahead." Yearbook of Polar Law Online 14, no. 1 (2023): 183–201. http://dx.doi.org/10.1163/22116427_014010010.

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The legal process of determining maritime zones is largely dependent upon the drawing of baselines, which in most cases correspond to the low-water line located on the coast of a land territory subject to the sovereignty of a State. In the case of Antarctica, the unique geographic and legal characteristics of the continent make the drawing of baselines an atypically difficult process, thus subsequently hindering the determination and delimitation of maritime zones by States. First, this article summarizes the traditional and continuing legal debate on how to define baselines in the specific co

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23

Talaie, Farhad. "The Issue of Straight Baselines in the International Law of the Sea and State Practice." Maritime Studies 1999, no. 105 (1999): 5–21. http://dx.doi.org/10.1080/07266472.1999.10878557.

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Schofield, Clive. "Coalter G. Lathrop, Captain J. Ashley Roach and Donald R. Rothwell, eds., Baselines under the International Law of the Sea (Reports of the International Law Association Committee on Baselines under the International Law of the Sea, Brill Research Perspectives on the Law of the Sea, Brill 2019), 177 pp." Ocean Yearbook Online 35, no. 1 (2021): 681–86. http://dx.doi.org/10.1163/22116001-03501028.

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25

Marston, Geoffrey. "Redrawing the Territorial Sea Baseline in the Firth if Clyde." International and Comparative Law Quarterly 51, no. 2 (2002): 279–303. http://dx.doi.org/10.1093/iclq/51.2.279.

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At first sight, the Territorial Sea (Amendment) Order 19981 is an unremarkable instrument. Its explanatory note states that it amends the Schedule to the Territorial Waters Order in Council 19642 ‘by adding a new baseline between the Mull of Kintyre and Laggan, as well as by making minor changes to [three points scheduled in the 1964 Order] which result from the publication of a new, larger scale chart of the area’. In fact, the note is a model of economy of information disguising the difficulties which led to the Order's addition of a further straight baseline, enclosing the Firth if Clyde, t

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Abadikhah, M. "The Straight Baselines under the Convention on the Legal Status of the Caspian Sea: Iran’s Approach." Kutafin Law Review 10, no. 2 (2023): 437–54. http://dx.doi.org/10.17803/2713-0533.2023.2.24.437-454.

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In 2018, the Presidents of Azerbaijan, Iran, Kazakhstan, Russia and Turkmenistan signed the Convention on the Legal Status of the Caspian Sea (the Aktau Convention). Despite this, some specific issues related to the straight baseline, remain unresolved. The result is that Iran has yet to ratify the Convention subject to negotiations concerning a separate agreement in the future. Since 2018, the signatories to the Aktau Convention have not reached an agreement in the course of negotiations on a separate agreement. The main question raised in the article is why Iran ha s not ratified the Aktau C

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Bangert, Kaare. "Internal waters: Customary Rules of the Extension of Internal Waters." Nordic Journal of International Law 61-62, no. 1-4 (1992): 43–60. http://dx.doi.org/10.1163/15718107-90000005.

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The importance of the customary regimes of internal waters for the delimitation of the other coastal state maritime zones is analyzed. The rules of baselines in the 1958 and 1982 Conventions on the Law of the Sea are not exhaustive. They are supplemented by the customary regimes of internal waters. These regimes contain few and very vague restrictions on coastal state sovereignty to delimit areas of adjacent sea as internal waters. No definite maximum mile limit has been agreed upon. The outer limits of the customary regimes are baselines for the other maritime zones. Consequently the coastal

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Tani, Ilaria. "Historic Waters: the Everlasting Anomaly of the Law of the Sea." International Journal of Marine and Coastal Law 39, no. 2 (2024): 279–321. https://doi.org/10.1163/15718085-bja10168.

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Abstract Waters claimed on the basis of historic grounds represent an anomaly in the face of the United Nations Convention on the Law of the Sea (LOSC) provisions on the measurement of marine spaces. In fact, they deviate from the codified prescriptions pertaining to both rules and exceptions governing the drawing of baselines. This contribution outlines the intricate theoretical evolution of this anomaly, the considerations developed during its challenging codification, and the reasoning of international courts and tribunals that have contributed to clarifying regimes and legal terms associat

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Valencia, M. J. "Validity of Malaysia's baselines and territorial sea claim in the northern Malacca Strait." Marine Policy 27, no. 5 (2003): 367–73. http://dx.doi.org/10.1016/s0308-597x(03)00047-2.

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Vidas, Davor, David Freestone, and Jane McAdam. "International Law and Sea Level Rise." Brill Research Perspectives in the Law of the Sea 2, no. 3 (2019): 1–86. http://dx.doi.org/10.1163/24519359-12340006.

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AbstractThis issue contains the final version of the 2018 Report of the International Law Association (ILA) Committee on International Law and Sea Level Rise, as well as the related ILA Resolutions 5/2018 and 6/2018, both as adopted by the ILA at its 78th Biennial Conference, held in Sydney, Australia, 19–24 August 2018.In Part I of the Report, key information about the establishment of the Committee, its mandate and its work so far is presented. Also, the background for the establishment of the Committee is explained, drawing on: (a) conclusions of the ILA Committee on Baselines and the relat

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Lott, Alexander. "The ms Estonia Shipwreck Revisited: New Developments in the Protection of Underwater Cultural Heritage in the Northern Baltic Sea." Nordic Journal of International Law 90, no. 3 (2021): 343–72. http://dx.doi.org/10.1163/15718107-bja10030.

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Abstract It is widely believed that international law does not enable to protect effectively the wreck of the ms Estonia against looting. The protection regime established under the 1995 ms Estonia Treaty is binding and violations against it can be effectively sanctioned in respect of only the nationals of its few States Parties, resulting in numerous jurisdictional gaps. This study argues that the law of the sea and administrative law provide the means for safeguarding the ms Estonia wreck against pilferers. Estonia has repeatedly designated tiny buffer zones around relatively modern shipwrec

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Pharand, Donat. "Les problèmes de droit international de l’Arctique." Études internationales 20, no. 1 (2005): 131–64. http://dx.doi.org/10.7202/702464ar.

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The territorial sovereignty over Alaska, the Arctic islands of the Soviet Union, Svalbard, Greenland and the Canadian Arctic Archipelago poses no problem, but the continental shelf off those territories and islands has yet to be delimited between the five Arctic States: Alaska, the Soviet Union, Norway, Denmark and Canada. Beyond the continental shelf, the mineral resources of the deep sea-bed should normally form part of the common heritage of mankind, but their presence has not yet been determined. The Arctic Ocean, in spite of the permanent presence of ice, is subject to the freedoms of the

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Stoutenburg, Jenny Grote. "Implementing a New Regime of Stable Maritime Zones to Ensure the (Economic) Survival of Small Island States Threatened by Sea-Level Rise." International Journal of Marine and Coastal Law 26, no. 2 (2011): 263–311. http://dx.doi.org/10.1163/157180811x560511.

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AbstractSome low-lying small island states are in danger of being rendered uninhabitable or even completely submerged by climate change-induced sea-level rise. However, even before their physical destruction, the socio-economic viability of small island states might be compromised by the current design of the law of the sea which provides for ambulatory baselines and maritime limits and thus the shrinking of maritime zones with sea-level rise. This article examines the legal avenues open to small island and other interested states to permanently fix their maritime zones. Concluding that unilat

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Kułaga, Łukasz. "The Impact of Climate Change on States." International Community Law Review 23, no. 2-3 (2021): 115–32. http://dx.doi.org/10.1163/18719732-12341465.

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Abstract The increase in sea levels, as a result of climate change in territorial aspect will have a potential impact on two major issues – maritime zones and land territory. The latter goes into the heart of the theory of the state in international law as it requires us to confront the problem of complete and permanent disappearance of a State territory. When studying these processes, one should take into account the fundamental lack of appropriate precedents and analogies in international law, especially in the context of the extinction of the state, which could be used for guidance in this

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Zhudro, Ivan S. "The practice of Canada’s use of historically established titles in relation to Arctic Sea spaces." Gosudarstvo i pravo, no. 9 (2022): 128. http://dx.doi.org/10.31857/s102694520022227-0.

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The basis for this study was the marked similarity of the geographical position of Canada and the Russian Federation as states with a significant continental part in the Arctic and the longest coasts in the Arctic. The interest in the Canadian experience of implementing the Arctic legal policy and, in particular, solving the problem of the legal regime of the Northwest Passage, is caused by the similar problems facing the Russian Federation in relation to the waters of the Arctic straits of the Northern Sea Route. The article deals with the following problematic issues: the role of the sectora

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Narwati, Enny, Dina Sunyowati, and R. Yahdi Ramadani. "Dampak Pergeseran Wilayah Akibat Naiknya Permukaan Laut dan Dampakya Bagi Navigasi." Media Iuris 5, no. 1SpecialIssue (2022): 41–66. http://dx.doi.org/10.20473/mi.v5i1specialissue.41983.

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AbstractRising sea levels are caused by climate change and global warming which is characterized by an increase in air temperature, especially the earth’s atmosphere. Rising sea levels can cause accretion or erosion of a country which causes a shift in the boundaries of the coastal state. This natural phenomenon becomes a problem in determining the baseline of the coastal state territory because international law of the sea has not specifically regulated the shift in the boundaries of the coastal state due to climate change and global warming. This study examines the legal consequences of shif

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Vinata, Ria Tri, Masitha Tismananda Kumala, and Cita Yustisia Serfiyani. "Climate change and reconstruction of Indonesia’s geographic basepoints: Reconfiguration of baselines and Indonesian Archipelagic Sea lanes." Marine Policy 148 (February 2023): 105443. http://dx.doi.org/10.1016/j.marpol.2022.105443.

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Jensen, Øystein. "Maritime Boundary Delimitation Beyond 200 Nautical Miles: The International Judiciary and the Commission on the Limits of the Continental Shelf." Nordic Journal of International Law 84, no. 4 (2015): 580–604. http://dx.doi.org/10.1163/15718107-08404001.

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This article examines the legal significance of the Commission on the Limits of the Continental Shelf in third-party dispute settlement regarding delimitation of the continental shelf beyond 200 nautical miles from the territorial sea baselines. Recent international jurisprudence indicates that the relationship between the procedures of the 1982 un Convention on the Law of the Sea involving the Commission and third-party dispute settlement is marked by lack of clarity, bringing procedural and substantive legal challenges in the view of the international judiciary. The procedures involving the

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Lavalle, Roberto. "Not Quite a Sure Thing: The Maritime Areas of Rocks and Low-Tide Elevations Under the UN Law of the Sea Convention." International Journal of Marine and Coastal Law 19, no. 1 (2004): 43–69. http://dx.doi.org/10.1163/157180804773788664.

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AbstractThis article deals with the entitlements to maritime areas of what the United Nations Convention on the Law of the Sea calls "rocks" and the features known as "low-tide elevations". The former are islands that "cannot sustain human habitation or economic life of their own". Low-tide elevations are features that would be islands were they not submerged at low tide. Islands other than rocks generate the five maritime areas for which the Convention provides, i.e. internal waters, territorial sea, contiguous zone, exclusive economic zone and continental shelf. The two features dealt with,

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Cahyani, Harpita Dwi, Maria Maya Lestari, and Ledy Diana. "THE DETERMINATION OF STATE BASELINES POST-PEAT ABRASION ON BENGKALIS ISLAND AS INDONESIA'S FOREMOST ISLAND IN TERMS OF INTERNATIONAL LAW OF THE SEA PERSPECTIVE." Multidisciplinary Indonesian Center Journal (MICJO) 2, no. 2 (2025): 1382–401. https://doi.org/10.62567/micjo.v2i2.639.

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Coastal abrasion is a growing global concern, particularly for Indonesia, a country with one of the longest coastlines in the world. Abrasion poses significant challenges to coastal ecosystems and the livelihoods of local communities. Bengkalis Island, one of Indonesia's outermost and foremost islands, has experienced intensified abrasion in recent decades. Located in Riau Province and facing the Strait of Malacca, this peat-contoured island serves as a basepoint for Indonesia's archipelagic baselines. This research aims to: (1) analyze the legal implications of peat erosion on Indonesia's bas

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Solski, Jan Jakub. "New Russian Legislative Approaches and Navigational Rights within the Northern Sea Route." Yearbook of Polar Law Online 12, no. 1 (2021): 228–50. http://dx.doi.org/10.1163/22116427_012010015.

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The regulation of foreign navigation in the Northern Sea Route (NSR) has been dominated by the rules of international law applicable to merchant ships only. Neither the domestic set of rules of navigation on the NSR, based on Article 234 of UNCLOS nor the Polar Code applies to State-owned vessels. While the application of Article 234 has so far let Russia evade discussion on the navigational rights, one can expect an increasing spotlight on this issue. In response to the recent crossing of the NSR by a French warship, as well as the voices from the United States indicating similar plans, Russi

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Serdy, Andrew. "The Commission on the Limits of the Continental Shelf and its Disturbing Propensity to Legislate." International Journal of Marine and Coastal Law 26, no. 3 (2011): 355–83. http://dx.doi.org/10.1163/157180811x582175.

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AbstractCreated by the United Nations Convention on the Law of the Sea to apply the rules in Article 76 on the outer limits of the continental shelf beyond 200 nautical miles from States’ territorial sea baselines, the Commission on the Limits of the Continental Shelf has on several occasions introduced new requirements for States not supported by Article 76, or impermissibly qualifying the rights Article 76 accords them. This article focuses on several such instances, one to the coastal State’s advantage (though temporally rather than spatially), another neutral (though requiring unnecessary

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Ali, Abdul Latheef, and Muhammad Salman. "Maritime Security Dynamics of Archipelagic States with Focus on Maldives." Polaris – Journal of Maritime Research 3, no. 1 (2021): 1. http://dx.doi.org/10.53963/pjmr.2021.002.3.

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Archipelagic waters are created when an archipelagic state meeting the qualifications of article 47 of the Law of the Sea (LOS) convention draws archipelagic baselines joining the outermost points of the outermost islands and drying reefs of the archipelago. Maldives is an archipelagic state with 99.7% of the area is sea situated in the birthplace of maritime civilization- the Indian Ocean. In recent years, Maldives has seen a growing inclination towards its maritime environment with the expanding economy fuelled by growing international tourism, shipping, overseas trade and fisheries. Owing t

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Ioannides, Nicholas A. "A Legal Appraisal of the Interplay between the Obligations to Publish/Deposit Charts and Lists of Geographical Coordinates and Unilateral Maritime Claims." International Journal of Marine and Coastal Law 36, no. 4 (2021): 599–626. http://dx.doi.org/10.1163/15718085-bja10069.

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Abstract According to Articles 16, 75 and 84 of the 1982 United Nations Convention on the Law of the Sea (LOSC), States Parties are under a triple obligation to draw, publish and deposit with the UN Secretary-General charts and/or lists of geographical coordinates of points concerning straight baselines, the outer limits of their maritime zones and delimited maritime boundaries. Interestingly, several States Parties have chosen to advance their maritime claims through the exercise of these duties. The expression of claims through these obligations prior to the reaching of maritime boundary del

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Zagorskii, A. "Russia and China in the Arctic: Real or Alleged Disagreements?" World Economy and International Relations 60, no. 2 (2016): 63–71. http://dx.doi.org/10.20542/0131-2227-2016-60-2-63-71.

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The article concentrates on two issues articulated by Xu Guangmiao in her article “China's Arctic Interests and Policy: History, Legal Ground and Implementation” published in the same issue of the Journal: Arctic Governance (and particularly the applicability of the "Common Heritage of the Mankind in the Arctic" concept), as well as the concept of the Northern Sea Route “internationalization” based on the navigation freedom principle. Both issues are considered controversial in Russia–China relations. In addressing those issues, the author seeks to separate real and alleged divergences between

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Huang, Yixin. "Refuting the Assumption and Inferences in Paragraph 76 of Judgment of 13 July 2023 Concerning the Question of the Delimitation of the Continental Shelf between Nicaragua and Colombia beyond 200 Nautical Miles from the Nicaraguan Coast (Nicaragua v. Colombia)." International Journal of Education and Humanities 17, no. 2 (2024): 86–91. https://doi.org/10.54097/h76zw739.

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On July 13, 2023, the International Court of Justice (hereinafter the “ICJ”) rendered its judgment in the case concerning the question of the delimitation of the continental shelf between Nicaragua and Colombia beyond 200 Nautical Miles from the Nicaraguan Coast (Nicaragua v. Colombia). Paragraph 76 of the judgment states that there is a cognitive assumption" that the extended continental shelf would only extend into maritime areas that would otherwise be located in the Area, among States when negotiating Article 76 of the United Nations Convention on the Law of the Sea (hereinafter referred t

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Amarrohman, Fauzi Janu, Moehammad Awaluddin, Bambang Darmo Yuwono, and Aisyah Arifin. "ANALISIS KEBERADAAN KEPULAUAN SERIBU TERHADAP BATAS PENGELOLAAN LAUT PROVINSI DKI JAKARTA." Elipsoida : Jurnal Geodesi dan Geomatika 3, no. 01 (2020): 87–91. http://dx.doi.org/10.14710/elipsoida.2020.7754.

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Province of Special Capital Region (DKI) Jakarta is one of the provinces in Indonesia which has a sea area larger than its land area. Based on this, according to Law of the Republic of Indonesia Number 23 of 2014 concerning Regional Government, the Province of DKI Jakarta can be called a province with an archipelago characteristic. The province of the archipelago has the authority to manage natural resources at sea and is assigned to carry out the authority of the central government in the marine sector based on the principle of co-administration. Determination of the management of the sea are

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Wisayantono, Dwi, Eka Djunarsjah, and Briantara Revidinda Putra. "HAK RUANG ZONA EKONOMI EKSKLUSIF INDONESIA DI LAUT NATUNA UTARA DARI SUDUT PANDANG UNCLOS III (1973-1982) DALAM PENYELESAIAN TUMPANG TINDIH BATAS LAUT." Kokoh 21, no. 1 (2023): 17–28. http://dx.doi.org/10.17509/k.v21i1.56963.

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The issue of the North Natuna Sea between Indonesia and China has become a crucial issue that has yet to find a bright spot to resolve disputes in the region. The claim of the nine dash line or nine dashes unilaterally by China has caused losses for Indonesia to the full sovereignty and integrity of the country which is included in the Exclusive Economic Zone in the North Natuna Sea. Although each country has ratified UNCLOS (United Nations Convention of the Law of the Sea) or ratified it as the International Law of the Sea, it means that every decision is based on the force of law that has be

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Lavalle, Roberto. "The Rights of States over Low-tide Elevations: A Legal Analysis." International Journal of Marine and Coastal Law 29, no. 3 (2014): 457–79. http://dx.doi.org/10.1163/15718085-12341317.

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The United Nations Convention on the Law of the Sea takes low-tide elevations into account only by endowing them with the capacity to generate specific maritime areas, by themselves, whenever they lie within territorial seas, and, subject to certain conditions, when they are part of straight baselines. But it passes over in silence the question whether and what rights states have over these maritime features. In a 2001 judgment, the International Court of Justice has held that in general low-tide elevations are under the sovereignty of the coastal states if they lie within their territorial se

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Schofield, Clive, and Suzanne Lalonde. "Rising Seas and Retreating Coasts: Implications for the Arctic." International Journal of Marine and Coastal Law 35, no. 3 (2020): 468–97. http://dx.doi.org/10.1163/15718085-bja10016.

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Abstract This article addresses both the physical impacts and international legal issues arising from two interlinked stressors on Arctic coastlines: sea level rise and coastal erosion. Key aspects of the legal regime governing the baselines from which coastal States calculate the outer limits of their maritime zones are reviewed and a synopsis of the practice among the Arctic littoral States is provided. The article then turns to a discussion of the practical and international legal responses available to deal with the present and future challenge of rising seas and retreating coasts. The con

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