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United Nations Convention on the Law of the Sea

PART IV

ARCHIPELAGIC STATES

Article 4

Use of terms

For the purposes of this Convention:

(a) "archipelagic State" means a State constituted wholly by one or more archipelagos and mayinclude other islands;

(b) "archipelago" means a group of islands, including parts of islands, interconnecting watersand other natural features which are so closely interrelated that such islands, waters and other

natural features form an intrinsic geographical, economic and political entity, or whichhistorically have been regarded as such

Article 4!

Archi"ela#ic $aselines

! n archipelagic State may draw straight archipelagic baselines #oining the outermost points ofthe outermost islands and drying reefs of the archipelago provided that within such baselinesare included the main islands and an area in which the ratio of the area of the water to the areaof the land, including atolls, is between ! to ! and $ to !

% &he length of such baselines shall not e'ceed ! nautical miles, e'cept that up to per centof the total number of baselines enclosing any archipelago may e'ceed that length, up to ama'imum length of !%* nautical miles

&he drawing of such baselines shall not depart to any appreciable e'tent from the generalconfiguration of the archipelago

+ Such baselines shall not be drawn to and from low tide elevations, unless lighthouses orsimilar installations which are permanently above sea level have been built on them or where alow tide elevation is situated wholly or partly at a distance not e'ceeding the breadth of theterritorial sea from the nearest island

* &he system of such baselines shall not be applied by an archipelagic State in such a manneras to cut off from the high seas or the e'clusive economic -one the territorial sea of anotherState

. /f a part of the archipelagic waters of an archipelagic State lies between two parts of animmediately ad#acent neighboring State, e'isting rights and all other legitimate interests whichthe latter State has traditionally e'ercised in such waters and all rights stipulated by agreementbetween those States shall continue and be respected


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0 For the purpose of computing the ratio of water to land under paragraph l, land areas mayinclude waters lying within the fringing reefs of islands and atolls, including that part of a steepsided oceanic plateau which is enclosed or nearly enclosed by a chain of limestone islands anddrying reefs lying on the perimeter of the plateau

1 &he baselines drawn in accordance with this article shall be shown on charts of a scale orscales ade2uate for ascertaining their position lternatively, lists of geographical coordinates ofpoints, specifying the geodetic datum, may be substituted

$ &he archipelagic State shall give due publicity to such charts or lists of geographicalcoordinates and shall deposit a copy of each such chart or list with the Secretary 3eneral of the4nited 5ations

Article 4%

Measurement of the breadth of the territorial sea, the contiguous zone, the exclusive economiczone and the continental shelf

&he breadth of the territorial sea, the contiguous -one, the e'clusive economic -one and thecontinental shelf shall be measured from archipelagic baselines drawn in accordance witharticle +0

Article 4&

Legal status of archipelagic waters, of the air space over archipelagic waters and of their bedand subsoil

! &he sovereignty of an archipelagic State e'tends to the waters enclosed by the archipelagicbaselines drawn in accordance with article +0, described as archipelagic waters, regardless of

their depth or distance from the coast

% &his sovereignty e'tends to the air space over the archipelagic waters, as well as to their bedand subsoil, and the resources contained therein

&his sovereignty is e'ercised sub#ect to this 6art

+ &he regime of archipelagic sea lanes passage established in this 6art shall not in otherrespects affect the status of the archipelagic waters, including the sea lanes, or the e'ercise bythe archipelagic State of its sovereignty over such waters and their air space, bed and subsoil,and the resources contained therein

Article '(

Delimitation of internal waters

7ithin its archipelagic waters, the archipelagic State may draw closing lines for the delimitationof internal waters, in accordance with articles $, ! and !!


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Article ')

Existing agreements, traditional fishing rights and existing submarine cables

! 7ithout pre#udice to article +$, an archipelagic State shall respect e'isting agreements withother States and shall recogni-e traditional fishing rights and other legitimate activities of theimmediately ad#acent neighbouring States in certain areas falling within archipelagic waters&he terms and conditions for the e'ercise of such rights and activities, including the nature, thee'tent and the areas to which they apply, shall, at the re2uest of any of the States concerned,be regulated by bilateral agreements between them Such rights shall not be transferred to orshared with third States or their nationals

% n archipelagic State shall respect e'isting submarine cables laid by other States andpassing through its waters without ma8ing a landfall n archipelagic State shall permit themaintenance and replacement of such cables upon receiving due notice of their location and theintention to repair or replace them

Article '*

Right of innocent passage

! Sub#ect to article * and without pre#udice to article * , ships of all States en#oy the right ofinnocent passage through archipelagic waters, in accordance with 6art //, section

% &he 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 foreignships if such suspension is essential for the protection of its security Such suspension shallta8e effect only after having been duly published

Article '+

Right of archipelagic sea lanes passage

! n archipelagic State may designate sea lanes and air routes there above, suitable for thecontinuous and e'peditious passage of foreign ships and aircraft through or over its archipelagicwaters and the ad#acent territorial sea

% ll ships and aircraft en#oy the right of archipelagic sea lanes passage in such sea lanes andair routes

rchipelagic sea lanes passage means the e'ercise in accordance with this Convention ofthe rights of navigation and overflight in the normal mode solely for the purpose of continuous,e'peditious and unobstructed transit between one part of the high seas or an e'clusiveeconomic -one and another part of the high seas or an e'clusive economic -one

+ Such sea lanes and air routes shall traverse the archipelagic waters and the ad#acentterritorial sea and shall include all normal passage routes used as routes for internationalnavigation or overflight through or over archipelagic waters and, within such routes, so far as


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ships are concerned, all normal navigational channels, provided that duplication of routes ofsimilar convenience between the same entry and e'it points shall not be necessary

* Such sea lanes and air routes shall be defined by a series of continuous a'is lines from theentry points of passage routes to the e'it points Ships and aircraft in archipelagic sea lanespassage shall not deviate more than %* nautical miles to either side of such a'is lines duringpassage, provided that such ships and aircraft shall not navigate closer to the coasts than !per cent of the distance between the nearest points on islands bordering the sea lane

. n archipelagic State which designates sea lanes under this article may also prescribe trafficseparation schemes for the safe passage of ships through narrow channels in such sea lanes

0 n archipelagic State may, when circumstances re2uire, after giving due publicity thereto,substitute other sea lanes or traffic separation schemes for any sea lanes or traffic separationschemes previously designated or prescribed by it

1 Such sea lanes and traffic separation schemes shall conform to generally acceptedinternational regulations

$ /n designating or substituting sea lanes or prescribing or substituting traffic separationschemes, an archipelagic State shall refer proposals to the competent international organi-ationwith a view to their adoption &he organi-ation may adopt only such sea lanes and trafficseparation schemes as may be agreed with the archipelagic State, after which the archipelagicState may designate, prescribe or substitute them

! &he archipelagic State shall clearly indicate the a'is of the sea lanes and the trafficseparation schemes designated or prescribed by it on charts to which due publicity shall begiven

!! Ships in archipelagic sea lanes passage shall respect applicable sea lanes and trafficseparation schemes established in accordance with this article

!% /f an archipelagic State does not designate sea lanes or air routes, the right of archipelagicsea lanes passage may be e'ercised through the routes normally used for internationalnavigation

Article '4

Duties of ships and aircraft during their passage, research and survey activities, duties of thearchipelagic State and laws and regulations of the archipelagic State relating to archipelagic

sea lanes passage

rticles $, + , +% and ++ apply mutatis mutandis to archipelagic sea lanes passage


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