126
H. Zhang
According to Article 47, when archipelagic States employ the system of
archipelagic baselines, they should abide by the following requirements:
2. The length of such baselines shall not exceed 100 nautical miles, except that up
to 3 per cent of the total number of baselines enclosing any archipelago may exceed
that length, up to a maximum length of 125 nautical miles.
3. The drawing of such baselines shall not depart to any appreciable extent from
the general configuration of the archipelago.
…
5. The system of such baselines shall not be applied by an archipelagic State in
such a manner as to cut off from the high seas or the exclusive economic zone the
territorial sea of another State.
6. If a part of the archipelagic waters of an archipelagic State lies between two
parts of an immediately adjacent neighbouring State, existing rights and all other
legitimate interests which the latter State has traditionally exercised in such waters
and all rights stipulated by agreement between those States shall continue and be
respected.
Therefore, if a group of islands belonging to certain continental States bear the
nature of unity in terms of geographical, economic, political and historical cohesion,
it is appropriate to treat such mid-ocean archipelagos as a whole for the demarcation of territorial sea and draw straight baselines from the outermost points of the
archipelago. In the present author’s view, where the method of straight baselines is
employed, at least four criteria should be followed: first, the straight baseline shall
contain main islands and follow the general configuration of the archipelago; second,
the length of such baselines shall not exceed 100 nautical miles; third, the application
of straight baselines shall not cause a cut-off effect to the territorial sea of another
State; and fourth, existing rights and legitimate interests of neighbouring States shall
continue and be respected.
7.4 China’s Application of Straight Baselines to Mid-Ocean
Archipelagos
7.4.1 China’s Existing Straight Baselines of Mid-Ocean
Archipelagos Reexamined
On 15 May 1996, China issued a Declaration on Baselines of Territorial Sea, which
indicated straight baselines along parts of its coast.
44 China has created 28 base
points and connected them to enclose the Xisha/Paracel Islands. However, the USA
Department of State points out that the straight baselines of the Xisha/Paracel Islands
44 China, “Declaration of the Government of the People’s Republic of China on the Baseline of
the Territorial Sea of the People’s Republic of China”, UN Law of the Sea Bulletin, No. 32, 1996,
pp. 37–40.
H. Zhang
According to Article 47, when archipelagic States employ the system of
archipelagic baselines, they should abide by the following requirements:
2. The length of such baselines shall not exceed 100 nautical miles, except that up
to 3 per cent of the total number of baselines enclosing any archipelago may exceed
that length, up to a maximum length of 125 nautical miles.
3. The drawing of such baselines shall not depart to any appreciable extent from
the general configuration of the archipelago.
…
5. The system of such baselines shall not be applied by an archipelagic State in
such a manner as to cut off from the high seas or the exclusive economic zone the
territorial sea of another State.
6. If a part of the archipelagic waters of an archipelagic State lies between two
parts of an immediately adjacent neighbouring State, existing rights and all other
legitimate interests which the latter State has traditionally exercised in such waters
and all rights stipulated by agreement between those States shall continue and be
respected.
Therefore, if a group of islands belonging to certain continental States bear the
nature of unity in terms of geographical, economic, political and historical cohesion,
it is appropriate to treat such mid-ocean archipelagos as a whole for the demarcation of territorial sea and draw straight baselines from the outermost points of the
archipelago. In the present author’s view, where the method of straight baselines is
employed, at least four criteria should be followed: first, the straight baseline shall
contain main islands and follow the general configuration of the archipelago; second,
the length of such baselines shall not exceed 100 nautical miles; third, the application
of straight baselines shall not cause a cut-off effect to the territorial sea of another
State; and fourth, existing rights and legitimate interests of neighbouring States shall
continue and be respected.
7.4 China’s Application of Straight Baselines to Mid-Ocean
Archipelagos
7.4.1 China’s Existing Straight Baselines of Mid-Ocean
Archipelagos Reexamined
On 15 May 1996, China issued a Declaration on Baselines of Territorial Sea, which
indicated straight baselines along parts of its coast.
44 China has created 28 base
points and connected them to enclose the Xisha/Paracel Islands. However, the USA
Department of State points out that the straight baselines of the Xisha/Paracel Islands
44 China, “Declaration of the Government of the People’s Republic of China on the Baseline of
the Territorial Sea of the People’s Republic of China”, UN Law of the Sea Bulletin, No. 32, 1996,
pp. 37–40.