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Archipelagic state
An archipelagic state is a state that rules an island country, consisting of one or more archipelagos. The designation is legally defined by the United Nations Convention on the Law of the Sea of 1982 (UNCLOS III). The Bahamas, Fiji, Indonesia, Papua New Guinea, and the Philippines are the five original sovereign states that obtained approval in the UNCLOS signed in Montego Bay, Jamaica, on 10 December 1982 and qualified as archipelagic states.
An archipelagic state can designate the waters between the islands as sovereign archipelagic waters.
As of 20 June 2015, a total of 22 sovereign states have sought to claim archipelagic status. Some island countries comprise one or more archipelagos in a geographical sense, but chose not to claim the archipelagic state status, including Japan, Malta, New Zealand, Cuba, Iceland, and the United Kingdom.
Archipelagic states are composed of groups of islands that form a state as a single unit, the islands and the waters within the baselines as internal waters (archipelagic waters). Under this concept ("archipelagic doctrine"), an archipelago shall be regarded as a single unit, so that the waters around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimensions, are subject to its exclusive sovereignty (while allowing ships from other countries to exercise the archipelagic sea lanes passage or innocent passage at their choice). The baselines must enclose the main islands of the archipelago, and the enclosed water to land ratio must be "between 1:1 and 9:1". The lower end of this ratio was chosen to exclude states with a lot of land, like Japan, while the higher end prevents a group of highly scattered islands from putting claims on a very large body of water. The ratio was proposed during UNCLOS negotiations by the Bahamas in order to include all five original archipelagic states. Low-tide elevations can be used for baselines, provided that they have lighthouses built on them, or lie within the territorial water of an actual island.
The exact status of archipelagic waters is subject to interpretation. For example, both the Philippines and Indonesia consider their archipelagic waters to be more sovereign than the territorial waters and closer to the internal waters.
The approval of the United Nations (UN) for the five sovereign states as archipelagic states respects existing agreements with other countries and shall recognize traditional fishing rights and other legitimate activities of the immediately adjacent neighboring countries 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 countries concerned, be regulated by bilateral agreements between them. Such rights shall not be transferred to or shared with third countries or their nationals.
The regime of archipelagic sea lanes passage (ASLP) is specific to archipelagic waters and is similar to the transit passage for the international straits: both ships and aircraft can use the archipelagic waters, the right of passage is non-suspensible, submarines can navigate while submerged, etc. Article 54 in particular explicitly incorporates Articles 39, 30, 42, and 44 (that cover the transit passage) into ASLP. The main difference between the transit passage and ASLP is that in case of ASLP the ship can opt instead for an innocent passage, while the transit passage provides no such alternative. Both transit passage and ASLP regimes, with the ability to launch and receive aircraft, perform maneuvers and navigate underwater, are primarily designed for warships.
An archipelagic state can designate sea lanes and air routes that will be subject of ASLP and "include all normal routes used [...] for international navigation or overflight". If the state does not do so, the default sea lanes will correspond to "the routes normally used for international navigation". Ships should not deviate more than 25 miles off the designated lanes.
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Archipelagic state
An archipelagic state is a state that rules an island country, consisting of one or more archipelagos. The designation is legally defined by the United Nations Convention on the Law of the Sea of 1982 (UNCLOS III). The Bahamas, Fiji, Indonesia, Papua New Guinea, and the Philippines are the five original sovereign states that obtained approval in the UNCLOS signed in Montego Bay, Jamaica, on 10 December 1982 and qualified as archipelagic states.
An archipelagic state can designate the waters between the islands as sovereign archipelagic waters.
As of 20 June 2015, a total of 22 sovereign states have sought to claim archipelagic status. Some island countries comprise one or more archipelagos in a geographical sense, but chose not to claim the archipelagic state status, including Japan, Malta, New Zealand, Cuba, Iceland, and the United Kingdom.
Archipelagic states are composed of groups of islands that form a state as a single unit, the islands and the waters within the baselines as internal waters (archipelagic waters). Under this concept ("archipelagic doctrine"), an archipelago shall be regarded as a single unit, so that the waters around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimensions, are subject to its exclusive sovereignty (while allowing ships from other countries to exercise the archipelagic sea lanes passage or innocent passage at their choice). The baselines must enclose the main islands of the archipelago, and the enclosed water to land ratio must be "between 1:1 and 9:1". The lower end of this ratio was chosen to exclude states with a lot of land, like Japan, while the higher end prevents a group of highly scattered islands from putting claims on a very large body of water. The ratio was proposed during UNCLOS negotiations by the Bahamas in order to include all five original archipelagic states. Low-tide elevations can be used for baselines, provided that they have lighthouses built on them, or lie within the territorial water of an actual island.
The exact status of archipelagic waters is subject to interpretation. For example, both the Philippines and Indonesia consider their archipelagic waters to be more sovereign than the territorial waters and closer to the internal waters.
The approval of the United Nations (UN) for the five sovereign states as archipelagic states respects existing agreements with other countries and shall recognize traditional fishing rights and other legitimate activities of the immediately adjacent neighboring countries 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 countries concerned, be regulated by bilateral agreements between them. Such rights shall not be transferred to or shared with third countries or their nationals.
The regime of archipelagic sea lanes passage (ASLP) is specific to archipelagic waters and is similar to the transit passage for the international straits: both ships and aircraft can use the archipelagic waters, the right of passage is non-suspensible, submarines can navigate while submerged, etc. Article 54 in particular explicitly incorporates Articles 39, 30, 42, and 44 (that cover the transit passage) into ASLP. The main difference between the transit passage and ASLP is that in case of ASLP the ship can opt instead for an innocent passage, while the transit passage provides no such alternative. Both transit passage and ASLP regimes, with the ability to launch and receive aircraft, perform maneuvers and navigate underwater, are primarily designed for warships.
An archipelagic state can designate sea lanes and air routes that will be subject of ASLP and "include all normal routes used [...] for international navigation or overflight". If the state does not do so, the default sea lanes will correspond to "the routes normally used for international navigation". Ships should not deviate more than 25 miles off the designated lanes.