Baseline Publicity and Charting Requirements: An Overlooked Issue in the UN Convention on the Law of the Sea

Abstract

Article 16 of the Law of the Sea Convention substantially expands preexisting international law requirements for the publication of internal water closing lines (collectively referred to herein as “artificial baselines”). Surprisingly, there seems to be substantial confusion among experts as to what exactly is required. For example, most experts appear to conclude that Article 16 requires that artificial baselines be either charted or described by geographic coordinates. This article reviews the language, history, and purposes of Article 16 and concludes that its requirements are more complicated. It then considers which artificial baselines are included within the requirement and what legal consequences evolve from a coastal State's failure to comply with the publicity obligations.