The Issue of Straight Baselines in the International Law of the Sea and State Practice

Abstract

This paper examines the issue of drawing straight baselines for the measurement of the territorial sea and other maritime zones. It first discusses the trends of coastal States in the past few decades to extend their maritime areas by reliance on such means as the employment of straight baselines and analyses the impact of such a practice on the freedom of the high seas. The paper then defines the concept of ‘baseline’ in general, and that of ‘straight baseline’ in particular, and outlines functions of a baseline system. The paper also presents a history of the codification of rules on baselines, including those on straight baselines. Finally the paper examines current State practice concerning the application of straight baselines in all or part of their coastlines. The paper concludes that many coastal States have enclosed large parts of ocean spaces either by liberal interpretation of contractual rules on the application of straight baselines, or by relying upon a number of factors to justify deviation...