Baseline - meaning and illustration

Understanding Baselines in Maritime Law: Defining a Nation's Coastal Limits

Introduction:

In maritime law, a baseline is the foundation for determining a coastal state's jurisdiction over its surrounding waters (Wikipedia contributors, 2024). Defined by the United Nations Convention on the Law of the Sea (UNCLOS), the baseline is the line along the coast from which maritime zones such as the territorial sea, contiguous zone, exclusive economic zone (EEZ), and continental shelf are measured (4). It acts as the dividing line between a country's land and seaward water territories 💧(1).

1. Significance and Importance of Baselines 🌟

Sea baselines are crucial in the international law of the sea as they define the boundary between a coastal state's internal waters and its territorial sea. The significance and application of these baselines are multifaceted, impacting both legal jurisdiction and resource management.

1. Defining Maritime Zones: Baselines serve as the starting point for claiming maritime zones, which grant coastal states rights and responsibilities over marine resources and activities (1 2). Baselines serve as the reference point from which the seaward limits of all maritime jurisdictional zones, such as territorial seas, exclusive economic zones (EEZs), and continental shelves, are measured (4). This demarcation is essential for determining a coastal state's sovereignty over marine areas.
2. Internal Waters vs. Territorial Sea: The baseline differentiates between internal waters (considered sovereign territory) and the territorial sea, where foreign vessels have the right of innocent passage (1 2). This distinction affects legal regimes governing navigation, resource extraction, environmental protection, and security.
3. Negotiations and Boundaries: Baselines provide base points for generating the limits of national maritime claims and maritime boundary negotiations (2).
4. Resource Management: By defining maritime boundaries, baselines influence access to marine resources like fisheries and hydrocarbons (5).

2. Types of Baselines

UNCLOS defines five primary types of baselines:

3. International Cases on Sea Baseline  ⚖

International cases involving sea baselines are crucial for understanding how maritime law is applied in practice, particularly in disputes over territorial seas and other maritime zones. Here are some significant cases:

1. Anglo-Norwegian Fisheries Case (1951)

• Case Overview: This landmark case involved a dispute between the United Kingdom and Norway regarding Norway's use of straight baselines to define its territorial sea. The UK argued that these lines were not justified under international law. It was brought to the ICJ by the United Kingdom against Norway. The United Kingdom contended that Norway had marked its sea territories very generously (1). It maintained that under the international law of the sea, Norway was not entitled to use the straight baseline technique to include fringe islands and other low tide areas such as rocks, reefs, and islets within its sovereign territories (1).
• ICJ Ruling:The International Court of Justice (ICJ) ruled in favor of Norway, validating its method of drawing straight baselines around deeply indented coastlines or fringing islands. This decision established that such baselines could be used beyond just bays, setting a precedent for similar geographical situations (1 4).

2. Territorial and Maritime Dispute between Nicaragua and Honduras in the Caribbean Sea (2007)

• Case Overview: This case concerned a boundary dispute where the location of the normal baseline was critical.
• ICJ Ruling: The ICJ emphasized the importance of accurately determining normal baselines to resolve maritime boundary disputes (3).

3. Guyana/Suriname Arbitration (2007)

• Case Overview: Another significant case where baseline determination played a key role in resolving maritime boundaries.
• Arbitral Tribunal Award: Highlighted challenges related to establishing clear guidelines for baseline delimitation under UNCLOS (3)

4. Bangladesh/India/Myanmar Dispute

• While not an ICJ case per se, Bangladesh's use of straight baselines following the "depth method" was initially opposed by India and Myanmar but found consistent with Article 7(2) of UNCLOS due to Bangladesh's highly unstable coastline (2).

These cases illustrate how international courts apply principles from UNCLOS regarding baseline delimitation to resolve complex maritime disputes.

Case Citations:

[1] https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4886925
[2] https://www.tandfonline.com/doi/full/10.1080/25725084.2018.1564184
[3] https://cil.nus.edu.sg/wp-content/uploads/2015/10/baselines_under_international_law_of_the_sea_report.pdf
[4] https://law.siu.edu/_common/documents/law-journal/articles-2018/spring-2018/6-qureshi-sm.pdf
[5] https://www.isa.org.jm/wp-content/uploads/2022/12/4_Mustafa_Nurudeen_Abba_ADSR_Abuja_workshop_Day_1.pdf

🔑Core Takeaways from the Analysis of These Cases

1. 1. 1. Straight Baseline Methodology:
         • Validated by ICJ as acceptable for deeply indented coastlines or fringing islands.
         • Requires consistency with international law principles.
      2. Importance of Normal Baseline Accuracy:
         • Essential for resolving boundary disputes accurately.
      3. Consideration of Geographical Conditions:
         • Highly unstable coastlines may justify deviations from normal low-water line methods.
      4. International Cooperation:
         • Necessary for avoiding unilateral actions that might violate customary international law or bilateral agreements.

These principles guide states in establishing their maritime boundaries while respecting both national interests and international legal norms

4. Contemporary Challenges in Country Baseline Determination

Defining baselines can be complex, especially with:

• Irregular Coastlines: Coastlines with fringe islands or unclear low-water marks.

• Overlapping Claims: Differentiating maritime zones and boundaries between neighbouring coastal countries.

• Sea Level Rise: Sea level rise presents challenges to fixed baselines (3). An ambulatory baseline approach requires the limits of the Maritime Jurisdiction of States to correspondingly shift with a change in their normal baselines due to a rise in sea level (3).

Conclusion:

Baselines are critical for coastal states as they establish the limits of maritime jurisdiction and play a vital role in international law (1 2). Understanding the different types of baselines and their implications is essential for resolving maritime disputes and ensuring effective ocean governance (1 2). Check this page exclusively for more  international laws on baselines

References

1. Waseem Ahmad Qureshi. (1999). STATE PRACTICES OF STRAIGHT BASELINES INSTITUTE EXCESSIVE MARITIME CLAIMS. Southern Illinois University Law Journal [Vol. 42].  [Retrieved from https://law.siu.edu/_common/documents/law-journal/articles-2018/spring-2018/6-qureshi-sm.pdf ]

2. Sam Bateman . Basic Maritime Zones. University of Wollongong, Australia.

3. Tanishk Goyal & Dhruv Gupta. Sea Level Rise and Its Implications in International Law. Opiniojuris. Retrieved 11:44, February 12, 2025, from https://opiniojuris.org/2020/09/04/sea-level-rise-and-its-implications-in-international-law/

4. Wikipedia contributors. (2024, September 3). Baseline (sea). In Wikipedia, The Free Encyclopedia. Retrieved 11:44, February 12, 2025, from https://en.wikipedia.org/w/index.php?title=Baseline_(sea)&oldid=1243747165

5.  Massimo S. (2022, Apr 30). The impact of sea-level rise on baselines: A question of interpretation of the UNCLOS or evolution of customary law?. Questions of International Law.  Retrieved 11:44, February 12, 2025, from https://www.qil-qdi.org/the-impact-of-sea-level-rise-on-baselines-a-question-of-interpretation-of-the-unclos-or-evolution-of-customary-law/