Publication Year: 2018

Offshore Archipelagos Enclosed by Straight Baselines: An Excessive Claim?

Abstract: This article examines the conclusion in the decision of the Arbitral Tribunal in the South China Sea Case that straight baselines may not be used to enclose off-shore archipelagos unless they meet the criteria set out in Articles 46 and 47 of the Law of the Sea Convention.

[Article 7 of UNCLOS relates to the use of straight baselines in delineating maritime territory. Article 46 of UNCLOS defines “archipelago” and “archipelagic State.” Article 47 of UNCLOS relates to the use of archipelagic baselines in delineating maritime territory. – RPI]