CHAPTER ONE
The Territorial Sea And Contiguous Zone 第一章 领海与毗连区
Secrion A. The Territorial Sea
Section A. The Territorial Sea
I. Baselines
The starting point for establishing the maritime zones are the “baselines.” The baselines of a state serve dual functions. They demarcate the state‟s internal waters from external waters. They also provide the lines from which the outer limits of maritime zones will be measured.
Many coasts are not straight, but are indented or penetrated by bays, have islands, sandbanks and harbour installations off them. It is necessary to have rules. It should be precise.
Both the Territorial Sea and Law of the Sea Conventions follow the Anglo-Norwegian Fisheries case in providing that in determining particular baselines, „account may be taken… of economic interests peculiar to the region concerned, the reality and the importance of which are clearly evidenced by a long usage.‟
The Territorial Sea
The Territorial Sea
III.Straight baselines
a. In localities where the coastline is deeply indented and cut into, or if there is a fringe of islands along the coast in its immediate vicinity, 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.
The obligation not to draw straight baselines in such a way as to cut off the territorial sea of another State from the high seas or EEZ. Obligation to publicize baselines. Some states ignore these rules. Some states have located basepoints for straight baseline in the sea.(e.g. Bangladesh)
Difficulties: Estuary /natural entrance points. lagoon(water or land?)
Historic bays
Historic bays and bays whose coasts belong to more than one State A historic bay: it has for a considerable period of time claimed the bay as internal waters and has effectively, openly and continuously exercised its authority therein, and during this time the claim has received the acquiescence of other States.
The law concerning straight baseline developed in the context of Norwegian baselird meaning literally rock rampart)
The special geographical conditions: i. Straight baselines for coasts deeply indented or fringed with islands;ii. Bays; ii. river mouths;iv. Harbour works; v. low-tide elevations; vi.islands; and vii.reefs.
Bays
Pre-1958 customary rules: as internal water than as territorial sea. Maximum length of closing lines for bays. Conventional rules: (it shoud be note that these rule don not apply to cases where straight baselines are used, or to historic bays whose coasts belong to more than one State.)
The Anglo-Norwegian Fisheries case (1951) No objection from 1869 and 1933. the Judgment concludes that the method employed by the Decree of 1935 is not contrary to international law; and that the base-lines fixed by the Decree are not contrary to international law either.
A bay is described as „a well-marked indentation whose penetration is in such proportion to the width of its mouth as to contain land-locked waters and constitute more than a mere curvature of the coast.‟ If the area of water is larger than the area of the semi-circle, the indentation is bay.
Conditions governing the drawing of such baselines: i. They do not depart to any appreciable extent from the general direction of coast. ii. The seas lying within these lines are sufficiently closely linked to the land domain to be subject to the regime of internal waters. Iii. Individual lines rather than the system as a whole. (take into account of economic interests peculiar to a region)
This provision follows that the AngloNorwegian Fisheries case almost verbatim (word by word).
Straight baselines may not be drawn to or from low-tide elevations unless lighthouses or similar installations which are permanently above sea level have been built on them, or, the law of the Sea Convention adds, „in instances where the drawing of baselines to and from such elevations has received general international recognition.‟
The Territorial Sea
b. Combination of methods for determining
baselines (Article 14)The coastal State may determine baselines in turn by any of the methods provided for in the foregoing articles to suit different conditions.
The Territorial Sea
II.The normal baseline
a. The normal baseline for measuring the breadth of the territorial sea is the low water line along the coast as marked on large-scale charts officially recognized by the coastal State.