ABSTRACT
The chapter analyses the institution of straight baselines as codified in the 1958 Geneva Convention on the Territorial Sea and the Contiguous Zone (GCTS) and reiterated almost verbatim in Article 7 of UNCLOS. The application of straight baselines has contributed significantly to the process of so-called creeping jurisdiction of coastal states. The origins of this process can be traced back to the 1930 Hague Conference and the failure of maritime powers’ plan to acknowledge the three-mile limit of the territorial sea range. The extension of the width limits for bay closing lines as set for juridical bays and the codification of the concept of historic bays defined in GCTS may also be relevant in this context.
The chapter identifies the types of abuse of straight baseline claims and discusses ways of addressing them – based mainly on diplomatic protests. It also stresses the importance of the rulings of international tribunals. Although there have been only a few such rulings issued so far, they are crucial to interpreting the relevant UNCLOS provisions. Furthermore, the author recommends that when dealing with excessive claims, states should not only lodge diplomatic protests, but also take appropriate follow-up actions. The analysis is based on the preparatory materials of the UN codification conferences, selected cases, and views of legal scholars and commentators, with special consideration of the work of the ILA Committee on Baselines under the International Law of the Sea, completed in 2018.
