ABSTRACT

This chapter assesses the application of the Law of the Sea Convention (LOSC) and the practice of archipelagic states with respect to the drawing of archipelagic baselines and the status of archipelagic waters. It examines the practice of continental states in their outlying archipelagos in order to identify potential developments with respect to the endorsement of the archipelagic concept in the law of the sea. The chapter determines whether the LOSC has been able to effectively balance and accommodate the interests of archipelagos vis-a-vis those of third states. Maldives's legislation provides for archipelagic sea lane passage but not for innocent passage. It provides that archipelagic sea lane passage is to be exercised in international navigation channels and that it allows navigation but not overflight. The chapter identifies the dependence of the archipelagic population on the waters which they regard as part of their territory.