BASELINE

What is a baseline?

A baseline is a legal construct: a boundary line that determines where a States

maritime sovereignty and jurisdiction begins and ends.1
Determination of territorial sea can be measured through the following:
a. Normal baseline (Art. 5, UNCLOS);
b. Straight baseline (Art. 7, UNCLOS); and
c. Archipelagic baseline (Article 46, UNCLOS)

What is the importance of baseline?

To determine the extent to a States maritime sovereignty and jurisdiction.

Under UNCLOS, every State has the right to establish the breadth of its
territorial sea measured from the baseline.2
The sovereignty of a coastal State extends:
a. To its internal waters;
b. In case of archipelagic State, its archipelagic waters;
c. To the air space over the territorial sea as well as to its bed and
subsoil.3
To establish maritime boundaries with neighboring State.
I.
Normal Baseline

GR:Normal Baseline is the low-water line along the coast as marked on largescale charts officially recognized by the coastal state.
EXP: As otherwise provided by the UNCLOS. (Article 5, UNCLOS)

Under the normal baseline method, the territorial sea is simply drawn from the
low-water mark of the coast, to the breadth claimed, following its sinuosities and
curvatures but excluding the internal waters in bays and gulfs.4

What is the low-water mark?

It is the mean between the tides; the median between the low tide and the
high tide.5

Normal Baseline is most favorable to the coastal State and clearly shows the
character of territorial waters as appurtenant to the land territory. 6

1 http://www.aggregat456.com/2010/02/baselines-straight-and-normal.html
2 Article 3, UNCLOS
3 Article 2, UNCLOS
4 Cruz, International Law, 2003 Edition, p. 122
5 Bernas, Public International Law, 2009 edition, p.120
6 Ibid

II.
Straight Baseline

A straight baseline is a method of joining appropriate points by drawing the

baselines from which the breadth of the territorial sea is measured.
It is applicable in localities where:
1. The coastline is deeply indented and cut into, or
2. If there is fringe of islands along the coast in its immediate vicinity.

Note: Account may be taken in determining particular baselines of economic interests

peculiar to the region concerned, the reality and importance of which are clearly
evidenced by long usage.7

Rules in applying straight baseline:

a. When the coastline is highly unstable.
The appropriate points may be selected along the furthest seaward
extent of the low-water line.
NOTE: If there is subsequent regression of the low-water line, the
straight baseline shall remain effective until changed by the
Coastal State in accordance with the UNCLOS.
b. The drawing of straight baseline must not depart to any appreciable extent
from the general direction of the coast.
c. The sea areas lying within the lines must be sufficiently closely linked to
the land domain to be subject to the regime of internal waters.
d. Low-tide elevations:
(Low-tide elevation is a naturally formed area of land which is
surrounded by and above water at low-tide but submerged at high tide.) 8
GR: Straight baselines shall not be drawn to and from low-tide elevations.
EXP:
1. Lighthouses or similar installations which are permanently above
sea level have been built on them; or
2. In instances where the drawing of baselines to and from such
elevations has received general international recognition.
e. The system of straight baselines may not be applied by a State in such a
manner as to cut off the territorial sea of another State from the high seas
or an EEZ.
III.
Archipelagic Baseline

Archipelagic State means a State constituted wholly by one or more

archipelagos and may include other islands;
Archipelago means a group of islands, including parts of islands,
interconnecting waters and other natural features which are so closely
interrelated that such islands, waters and other natural features from an intrinsic
geographical, economic and political entity, or which historically have been
regarded as such.
Archipelagic Baseline is a method in joining the outermost points of the
outermost islands and drying reefs of the archipelago.

7 Article 7, UNCLOS, paragraph 5

8 Article 13, UNCLOS

Provided that:
Main islands are included within such baselines; and
Area of the water to the area of the land including atolls is between
1 to 1 and 9 to 1.
Notes: For the purpose of computing the ratio of water to land, land areas may
include:
waters lying within the fringing reefs of islands and atolls;
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.
Rules:
1. 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 NM.
2. The drawing of such baselines shall not depart to any appreciable extent
from the general configuration of the archipelago.
3. Low-tide elevations:
GR: Baselines shall not be drawn to and from low-tide elevations.
EXP:
Lighthouses or similar installations which are permanently above
sea level have been built on them; or
Low-tide elevation is situated wholly or partly at a distance not
exceeding the breadth of the territorial sea from the nearest island.
4. 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.
5. If a part of the archipelagic waters of an archipelagic State lies between
two parts of an immediately adjacent neighboring State, existing rights
and all other legitimate interest which the latter State has traditionally
exercised in such waters and all rights stipulated by agreement between
those States shall continue to be respected.
6. The baselines drawn in accordance with this article shall be shown on
charts of a scale or scales adequate for ascertain their position.
Alternatively, lists of geographical coordinates of points, specifying the
geodetic datum, may be substituted.
7. 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 UN.

Archipelagic Doctrine

Archipelagic doctrine is articulated in the second sentence of Article 1, Sec. 1 of

the 1987 Constitution9, which follows:
The national territory comprises the Philippine archipelago, with all the
islands and waters embraced therein, and all other territories over which the
Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and
aerial domains, including its territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. The waters around, between, and
connecting the islands of the archipelago, regardless of their
breadth and dimensions, form part of the internal waters of the
Philippines.

9 Cruz, International Law, 2003 edition, p. 120

The basic principle of the archipelagic doctrine is that all waters within the
archipelagic baselines are internal waters, and are part and parcel of the national
territory.10

By this concept is meant that an archipelago shall be regarded as a single unit, so

that the waters around, between and connecting islands of the archipelago,
irrespective of the breadth and dimensions, form part of the internal waters of
state, subject to its exclusive sovereignty.11

SOVEREIGNTY OVER TERRITORIAL SEA

As a rule, the sovereignty of the coastal state over its territorial sea and airspace above it
as well as the seabed under is the same as its sovereignty over its land territory. (Article
2, UNCLOS)
However, the sea is subject to the right of innocent passage by other states.
What is the right of innocent passage?

Passage is innocent so long as it is not prejudicial to the peace, good order or

security of the coastal State12.

What are the acts that are not considered innocent passage?
Passage of foreign ship shall be considered to be prejudicial to the peace, good order or
security of the coastal State if in the territorial sea it engages in any of the following
activities13:
a) Any threat or use of force against the sovereignty, territorial integrity or political
independence of the coastal State, or in any other manner in violation of the
principles of international law embodied in the Charter of the United Nations;
b) Any exercise or practice with weapons of any kind;
c) Any act aimed at collecting information to the prejudice of the defense or security
of the coastal State;
d) Any act of propaganda aimed at affecting the defense or security of the coastal
State;
e) The launching, landing or taking on board of any aircraft;
f) The launching, landing or taking on board of any military devise;
g) The loading or unloading of any commodity, currency or person contrary to the
customs, fiscal, immigration or sanitary laws and regulations of the coastal State;
h) Any act of willful and serious pollution contrary to this Convention;
i) Any fishing activities;
j) The carrying out of research or survey activities;
k) Any act aimed at interfering with any systems of communication or any other
facilities or installations of the coastal State;
l) Any other activity not having a direct bearing on passage.

10 Coquia, Defensor-Santiago, International Law, p. 289

11 De Leon, Textbook of Philippine Constitution, 2014 edition, p. 66
12 Article 19, UNCLOS
13 Ibid

The rule on innocent passage applies to:

Ships
Aircraft
Submarines and other underwater vehicles
NOTE: Under Article 20, in the territorial sea, submarines and other
underwater vehicles are required to navigate on the surface and to show
their flag.

What are the rights of the coastal State?

The following are the rights of protection of the coastal State14:

The coastal State may take the necessary steps in its territorial sea to prevent
passage which is not innocent;
In case of ships preceding to internal waters or a call a port facility outside
internal waters, the coastal State also has the right to take the necessary steps to
prevent any breach of the conditions to which admission of those ships to
internal waters or such a call is subject.
The coastal State may, without discrimination in form or in fact among foreign
ships, suspend temporarily in specified areas of its territorial sea the innocent
passage of foreign ships if such suspension is essential for the protection of its
security, including weapons exercises. Such suspension shall take effect only after
having been duly published.

Internal Waters vs Archipelagic Waters

Internal Waters
All waters landward of the territorial sea
baseline.
Waters enclosed by:
River mouths
Bays
Habour works, Ports, Roadsteads

Archipelagic Waters
All waters enclosed by archipelagic
baselines

UNCLOS mentions archipelagic waters

1987 Constitution mentions internal waters
As a general rule, when there is conflict between treaty and Constitution:
Domestic level: Constitution prevails
International level: Treaty prevails

14 Article 25, UNCLOS

Archipelagic Baseline

Straight Baseline Method

Normal Baseline Method