10 - State practice on the use of straight baselines

Summary

Since the approval of straight baselines by the International Court of Justice in the Fisheries Case of 1951, their use has become increasingly common in the practice of States for the delimitation of their territorial sea. This increased practice applies to all types of archipelagos, whether or not they fit into the two categories provided for in the 1982 Convention. Consequently, this chapter will review State practice in general and that of Arctic States in particular.

State practice in general

In 1971, when Commander P. B. Beazley of the British Admiralty Hydrographic Service made his study on the use of baselines, he concluded that straight baselines were being used by 24 States. The baselines varied in maximum length from 23 to 222 nautical miles. By 1985, 60 States had used the straight baseline system and 12 more had adopted enabling legislation. This means that a substantial majority of coastal and Archipelagic States have either actually established straight baselines in the measurement of their territorial sea or are preparing themselves to do so. Table 1 lists the 66 countries and the longest straight baseline established by each. For four of the States listed (Ecuador, The Soviet Union, Denmark and Norway), several maximum lengths are shown.

State practice in the Arctic

Norway

It was Norway in 1812 which adopted the first enabling legislation to measure its territorial sea from straight baselines between the outermost islands from its mainland.