Section 119p. 119

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

4. Such baselines shall not be drawn to and from low-tide

elevations,

unless

lighthouses

or

similar

installations

which are permanently above sea level have been built on

them or where a low-tide elevation is situated wholly or

partly at a distance not exceeding the breadth of the

territorial sea from the nearest island.

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.

7. For the purpose of computing the ratio of water to land

under paragraph l, land areas may include waters lying

within the fringing reefs of islands and atolls, including

that part of a steep-sided oceanic plateau which is

enclosed or nearly enclosed by a chain of limestone

islands and drying reefs lying on the perimeter of the

plateau.

8. The baselines drawn in accordance with this article

shall be shown on charts of a scale or scales adequate for

ascertaining

their

position.

Alternatively,

lists

of

geographical

coordinates

of

points,

specifying

the

geodetic datum, may be substituted.

9. The archipelagic State shall give due publicity to such

charts or lists of geographical coordinates and shall

deposit a copy of each such chart or list with the

Secretary-General of the United Nations.

Article 48. Measurement of the breadth of the territorial

sea, the contiguous zone, the exclusive economic zone

and the continental shelf

The breadth of the territorial sea, the contiguous zone,

the exclusive economic zone and the continental shelf

shall be measured from archipelagic baselines drawn in

accordance with article 47.

Article 49. Legal status of archipelagic waters, of the air

space over archipelagic waters and of their bed and

subsoil

1. The sovereignty of an archipelagic State extends to the

waters enclosed by the archipelagic baselines drawn in

accordance with article 47, described as archipelagic

waters, regardless of their depth or distance from the

coast.

2. This sovereignty extends to the air space over the

archipelagic waters, as well as to their bed and subsoil,

and the resources contained therein.

3. This sovereignty is exercised subject to this Part.

4.

The

regime

of

archipelagic

sea

lanes

passage

established in this Part shall not in other respects affect

the status of the archipelagic waters, including the sea

lanes, or the exercise by the archipelagic State of its

sovereignty over such waters and their air space, bed and

subsoil, and the resources contained therein.

Article 50. Delimitation of internal waters

Within its archipelagic waters, the archipelagic State may

draw closing lines for the delimitation of internal waters,

in accordance with articles 9, 10 and 11.

Article 51. Existing agreements, traditional fishing rights

and existing submarine cables

1. Without prejudice to article 49, an archipelagic State

shall respect existing agreements with other States and

shall

recognize

traditional

fishing

rights

and

other

legitimate

activities

of

the

immediately

adjacent

neighbouring

States

in

certain

areas

falling

within

archipelagic waters. The terms and conditions for the

exercise of such rights and activities, including the nature,

the extent and the areas to which they apply, shall, at the

request of any of the States concerned, be regulated by

bilateral agreements between them. Such rights shall not

be transferred to or shared with third States or their

nationals.

2. An archipelagic State shall respect existing submarine

cables laid by other States and passing through its waters

without making a landfall. An archipelagic State shall

permit the maintenance and replacement of such cables

upon receiving due notice of their location and the

intention to repair or replace them.

Article 52. Right of innocent passage

1. Subject to article 53 and without prejudice to article 50,

ships of all States enjoy the right of innocent passage

through archipelagic waters, in accordance with Part II,

section 3.

2. The archipelagic State may, without discrimination in

form or in fact among foreign ships, suspend temporarily

in specified areas of its archipelagic waters the innocent

passage of foreign ships if such suspension is essential for

the protection of its security. Such suspension shall take

effect only after having been duly published.

Article 53.Right of archipelagic sea lanes passage

1. An archipelagic State may designate sea lanes and air

routes

thereabove,

suitable

for

the

continuous

and

expeditious passage of foreign ships and aircraft through

or over its archipelagic waters and the adjacent territorial

sea.

2. All ships and aircraft enjoy the right of archipelagic sea

lanes passage in such sea lanes and air routes.

3. Archipelagic sea lanes passage means the exercise in

accordance

with

this

Convention

of

the

rights

of

navigation and overflight in the normal mode solely for

the purpose of continuous, expeditious and unobstructed

transit between one part of the high seas or an exclusive

economic zone and another part of the high seas or an

exclusive economic zone.

4. Such sea lanes and air routes shall traverse the

archipelagic waters and the adjacent territorial sea and

shall include all normal passage routes used as routes for

international navigation or overflight through or over

archipelagic waters and, within such routes, so far as

ships are concerned, all normal navigational channels,

provided that duplication of routes of similar convenience

between the same entry and exit points shall not be

necessary.

5. Such sea lanes and air routes shall be defined by a

series of continuous axis lines from the entry points of

passage routes to the exit points. Ships and aircraft in

archipelagic sea lanes passage shall not deviate more

than 25 nautical miles to either side of such axis lines

during passage, provided that such ships and aircraft

shall not navigate closer to the coasts than 10 per cent of

the distance between the nearest points on islands

bordering the sea lane.

6. An archipelagic State which designates sea lanes under

this article may also prescribe traffic separation schemes

for the safe passage of ships through narrow channels in

such sea lanes.

7.

An

archipelagic

State

may,

when

circumstances

require, after giving due publicity thereto, substitute

other sea lanes or traffic separation schemes for any sea

lanes or traffic separation schemes previously designated

or prescribed by it.

8. Such sea lanes and traffic separation schemes shall

conform to generally accepted international regulations.

9. In designating or substituting sea lanes or prescribing

or

substituting

traffic

separation

schemes,

an

archipelagic State shall refer proposals to the competent

international organization with a view to their adoption.

The organization may adopt only such sea lanes and

traffic separation schemes as may be agreed with the

© Compiled by RGL

119 of 192