Asia/South Pacific

[ Back ] [ Home ] [ Up ] [ Next ]

Asian and South Pacific States

Updated 14 October 2005

Maritime claims: (See table of claims)

Status of the Convention and its implementing Agreements

Overview of developments since 1992-2001:
 Note: Updates for 2002-2005 are contained in the reports of the Secretary-General on Oceans and the Law of the Sea, section Maritime Space.

On 26 July 1993, Brunei Darussalam declared a 200-mile exclusive economic zone. The boundaries of the zone are identical to the boundaries of the fishery limits, which were declared in 1983.

Qatar and Bahrain, by decrees of 16 April 1992 and 20 April 1993, respectively, have adopted new legislation extending the breadth of their territorial seas to 12 nautical miles. Those decrees have also established a contiguous zone of 24 miles from the baseline from which the territorial sea is measured.

On 2 May 1993, the Islamic Republic of Iran adopted a comprehensive law on marine areas. The new law confirmed a 12-mile territorial sea and established a 24-mile contiguous zone. It transforms the existing fishing zone of 50 miles into an exclusive economic zone, the external limit of which is to be determined by bilateral agreement or, in the absence of agreement, by the line every point of which is equidistant from the nearest point on the baseline of the two States.

The United Arab Emirates is in the process of adopting at the federal level a law on the sea boundaries that will extend the territorial sea to 12 miles and the contiguous zone to 24 miles with respect to all seven Emirates (Abu Dahabi, Ajmau, Dubai, Fujaira, Ras al-kimn, Sharjah and Umm al-Qwain). Currently the 12-mile limit applies to Sharhaj only, the other emirates having claimed 3 miles for their territorial seas.

Concerning straight baselines, Thailand, by a Decision of 11 August 1992, had amended three reference numbers of Area III of the Announcement of the Office of the Prime Minister concerning the Straight Baseline and the Internal Waters dated 11 June 1970. That amendment was to correct some errors. Furthermore, Thailand communicated to the press, in September 1995, the establishment of a contiguous zone of 24 miles from the baselines from which the territorial sea is measured.

On 1 August 1994, Australia converted its 200-mile fishery zone into an exclusive economic zone. A fishery zone of 200 miles is claimed by Japan, Nauru, Palau and Papua New Guinea.

On 15 May 1996, China issued a declaration regarding the establishment of straight baselines from which the breadth of the territorial sea is to be measured. The Declaration announces part of the baselines of China's territorial sea adjacent to the mainland and those of the territorial sea adjacent to the Xisha Islands. Also to be noted is that, in its declaration made upon ratification of UNCLOS, China claims sovereign rights and jurisdiction over an exclusive economic zone of 200 miles and the continental shelf. The Philippines and Viet Nam have protested the Declaration. On 26 June 1998, China adopted the Law of the People's Republic of China on the Exclusive Economic Zone and the Continental Shelf. The Law establishes the legal framework for these two areas, which will be developed according to regulations.

New Zealand has established a contiguous zone of 24 miles, consistent with UNCLOS. This was done, on 26 July 1996, by an Act amending the Territorial Sea and Exclusive Economic Zone Act, 1977. This legislation, which entered into force on 1 August 1996, also introduces new circumstances for the drawing of straight baselines from which the breadth of the territorial sea is to be measured.

In 1996, Japan adopted eight sets of legislation for the implementation of UNCLOS and the 1994 Implementation Agreement relating to Part XI. Three texts of legislation have been submitted to the United Nations. The Law on the Territorial Sea and the Contiguous Zone provides for a 12-nautical-mile territorial sea, except in the designated areas of the Soya Kaikyo, the Tugaru Kaikyo, the Tusima Kaikyo Higasi Suido, the Tusima Kaikyo Nisi Suido and the Osumi Kaikyo, where it remains 3 miles wide. The Law also establishes a 24-nautical mile contiguous zone and, in a matter not covered by UNCLOS, provides (if no other line has been agreed upon) for the use of the median line when the contiguous zone of Japan meets with the contiguous zone of another State. In such a situation, the Law also allows a shared contiguous zone with the State opposite to the coast of Japan up to 24 nautical miles from the Japanese baselines (excluding the territorial sea of the other country) for the exercise of the provisions of article 33, paragraph 1, of UNCLOS. The Enforcement Order of the Law on the Territorial Sea and the Contiguous Zone provides for the boundaries of the Seto Naikai (internal waters), defines the straight baselines of Japan and establishes the limits of designated areas and the outer limits of the territorial sea pertaining to the designated areas.

The Law on the Exclusive Economic Zone and the Continental Shelf establishes that zone and the extent of the continental shelf in accordance with UNCLOS. The law stipulates that an exclusive economic zone is established in which Japan exercises sovereign and other rights as provided for in Part V of UNCLOS. The zone comprises the maritime area and its seabed and subsoil thereof up to a line of 200 nautical miles from the baselines (excluding the territorial sea), or the median line with any country whose coast is opposite Japan's coast, unless otherwise agreed with the State concerned. As regards the continental shelf, Japan exercises sovereign and other rights of the coastal State in accordance with UNCLOS in the seabed and subsoil thereof of an area extending up to 200 nautical miles from the baselines (excluding the territorial sea) or the median line with an opposite State, or "the line which may be agreed upon between Japan and a foreign country as a substitute, and the line to be drawn to connect with the said line as prescribed in Cabinet Order". The area beyond 200 miles to be established by Cabinet Order in accordance with article 76 of UNCLOS, is also part of Japan's continental shelf. Japanese law, including penal provisions, is to apply to the exploration, exploitation, conservation and management of natural resources, artificial islands and structures and scientific marine research; other exploration and exploitation activities conducted in the exclusive economic zone for economic purposes; and other drilling activities in the continental shelf. It is further provided that Japanese law shall apply to artificial islands, installations and structures as if they were located within the territory of Japan. Finally, a provision is added in the Law that if UNCLOS provides otherwise with regard to the matters covered by the Law, the provisions of UNCLOS shall apply.

The Republic of Korea's Territorial Sea and Contiguous Zone Act of 1977, as amended in 1995, entered into force on 1 August 1996. The Act provides for a 12-nautical mile territorial sea and a 24-nautical mile contiguous zone. The Act determines that in relation to other States with adjacent or opposite coasts, the delimitation shall be the median line, unless otherwise agreed upon with the States concerned. The Act regulates innocent passage through the territorial sea and describes sanctions for cases of contravention. Foreign warships and government ships operated for non-commercial purposes are requested to give prior notice of their passage to the Republic of Korea authorities concerned. In this context, it should be noted that UNCLOS provides that all ships, including those mentioned above, shall enjoy the right of innocent passage through the territorial sea; it also calls upon coastal States not to hamper the innocent passage of foreign ships except in accordance with UNCLOS.

The Enforcement Decree, which entered into force on the same date as the Territorial Sea and Contiguous Zone Act, i.e. on 1 August 1996, contains some of the provisions of the Act relating to innocent passage. It provides the coordinates for the drawing of straight baselines and establishes the outer limits of the territorial sea in the Korea Strait (3 nautical miles). The Exclusive Economic Zone Act, Act No. 5151, which entered into force on 10 September 1996, establishes the exclusive economic zone of the Republic of Korea and defines the exercise of rights and duties therein. The zone is defined in accordance with UNCLOS as the area of the sea extending up to 200 nautical miles from the baselines, excluding the territorial sea. The Law provides that in cases of States with opposite or adjacent coasts, the delimitation will be effected by agreement on the basis of international law. In the absence of such agreement, Republic of Korea law will apply up to the median line with the States concerned. The rights of the Republic of Korea in the zone are defined in accordance with article 56 of UNCLOS, and the rights and duties of other States and their nationals in accordance with article 58 of UNCLOS. The law provides also for the application of laws and regulations of the Republic of Korea in the exclusive economic zone, unless otherwise agreed upon with other States, to artificial islands, installations and structures, as well as for the exercise of hot pursuit for violation of the laws and regulations of the Republic of Korea in the zone.

Niue, on 7 April 1997, adopted the Territorial Sea and Exclusive Economic Zone Act 1997, which repeals the previous Territorial Sea and Exclusive Economic Zone Act 1978 and its two amendments of 1984 and 1987. The Act, which entered into force on 7 April 1997, makes provision for a 12-nautical mile territorial sea and a 200-nautical mile exclusive economic zone and for the exploration and exploitation, and conservation and management of the resources of the zone. Article 6 establishes as the baseline for Niue's maritime zones the low-water line along the coast or, where there is a coral reef along any part of the coast, the low-water mark along the outer edge of the coral reef. Article 10 provides that where the median line between Niue and States with opposite coasts is at a distance less than 200 nautical miles from the baseline, that line shall be the outer limit of Niue's exclusive economic zone. The main focus of the Act is on the development and management of fishery resources. In this respect, the Act provides for the preparation of development and management plans for designated fisheries, unauthorized fishing and prohibited fishing methods, access agreements with other countries, licensing, authorized officers and observers for the enforcement of the Act, and sale, release and forfeiture of retained property.

Pursuant to Pakistan's Territorial Waters and Maritime Zones Act 1976, the Government of Pakistan issued a notification on 29 August 1996 specifying the coordinates of points for the drawing of straight baselines from which all maritime zones of Pakistan are measured. In a note verbale dated 24 February 1997, addressed to the Legal Counsel of the United Nations, India stated that: "While the Government of India reserves its right to seek suitable revision of the baselines as notified by Pakistan insofar as they impinge upon India's sovereign jurisdiction, the Government of India unequivocally rejects as unacceptable the coordinate point (k) 23 33.90 N 68 07.80 E referred to in the notification, as it encroaches upon the territorial waters of India which are within its sovereign jurisdiction." In addition, on 22 May 2001, India stated that, in its view, certain baseline points notified by the Government of the Islamic Republic of Pakistan were inconsistent with international law and the relevant provisions of the United Nations Convention on the Law of the Sea (UNCLOS), 1982 and reserved its rights and rights of its nationals in that regard. India noted, among other things, that, notwithstanding the fact that the Pakistani coastline is quite smooth, is rarely deeply indented or fringed by islands, Pakistan had employed straight baselines along its entire coastline and that the appropriate baseline for all of Pakistan's coast should be the normal baseline. i.e., the low-water line. In addition, India protested some of the points used for establishing the straight baseline system of Pakistan and rejected any claim Pakistan would make on the basis of the notification of 29 August 1996.

In a letter dated 18 October 1996, referring to the communication submitted by Kuwait, Saudi Arabia, Qatar and the United Arab Emirates concerning the Act of 2 May 1993 on its Marine Areas the Islamic Republic of Iran reiterated its position expressed previously that it does not consider all the provisions of UNCLOS to be customary law, and that, as contractual provisions, they are only binding on States parties. Referring in particular to a note verbale dated 20 August 1996 from Qatar, the Islamic Republic of Iran further stated, inter alia, that the method applied for the drawing of its straight baselines should not be considered unusual since it has been used by other States under similar circumstances. It points out furthermore that Decree No. 2/250-67 dated 22 July 1973 was approved and entered into force nearly 25 years ago, and was circulated in the United Nations Legislative Series, without any objection having been received from Qatar. The Islamic Republic of Iran added that the provisions of the Maritime Areas Act prohibits foreign military exercises and manoeuvres in its exclusive economic zone and continental shelf because these exercises "impede and/or cause harm to economic activities of coastal States, for which they enjoy sovereign rights". Furthermore, it stated that the requirement of obtaining prior authorization for the passage of some categories of foreign vessels was justified by the unique ecological situation in the highly vulnerable Persian Gulf.

On 16 June 1998, Indonesia promulgated Government Regulation No. 61 of 1998 on the list of geographical coordinates of the archipelagic baselines of Indonesia in the Natuna Sea. The Natuna Sea, located north-west of the coast of Borneo, includes the seas around Bintan island, the Anambas islands, the Natuna Utara islands and the Natuna Selatan islands. Government Regulation No. 61 is adopted pursuant to the Act on Indonesian Waters No. 6 of 8 August 1996, which revoked previous Law No. 4 of 18 February 1960. The Act on Indonesian Waters of 1996 changed some of Indonesia 's archipelagic baselines but, unlike its predecessor, did not provide a list of coordinates; it only included a provisional illustrative map valid until maps with adequate scale and lists of geographical coordinates were made available. While most of the archipelagic baselines defined in Law No. 4 of 18 February 1960 remained unchanged by the Act on Indonesian Waters of 1996, those around the Natuna Sea were modified. Thus, the archipelagic status of the waters in the Natuna Sea was indicated for the first time in the map attached to Law No. 6 of 1996. Because of one of Indonesia's archipelagic sea lanes proposed for adoption at the International Maritime Organization, in accordance with article 53, paragraph 9, of UNCLOS, was passage through the waters of the Natuna Sea, it was necessary to issue the new coordinates of points for that part of Indonesia's archipelagic waters. The archipelagic sea lanes proposed by Indonesia were approved by IMO in May 1998.

On 6 August 1998, Viet Nam transmitted a note verbale to the Secretary-General of the United Nations stating its position regarding the Law on the Exclusive Economic Zone and the Continental Shelf of the People's Republic of China adopted on 26 June 1998. The note, inter alia, makes reference to article 2 of the Law which declares that the exclusive economic zone and the continental shelf of China are to be measured from baselines established by China. In this respect, Viet Nam reaffirmed its position that the Declaration of the Government of the People's Republic of China on the Baselines of the Territorial Sea of the People's Republic of China of 15 May 1996, which includes baselines for the Hoang Sa archipelago," is not in conformity with international law" and "constitutes a serious violation of the Vietnamese territorial sovereignty" and, therefore, is "null and void" since the archipelago is, according to the note, part of Vietnamese territory. At the request of the Government of Viet Nam, the protest was circulated to all States Members of the United Nations.

Cambodia, on 28 May 1998, transmitted to the United Nations a note verbale concerning the position of the Government of Cambodia on the delimitation of the maritime boundary between the Kingdom of Thailand and the Socialist Republic of Viet Nam, signed at Bangkok on 9 August 1997. The note points out, inter alia, that Cambodia has never accepted the maritime delimitation proclaimed by Thailand and Viet Nam and that the latter constitutes a violation of Cambodia's sovereignty and its rights in its exclusive economic zone and on its continental shelf in "this part of the Gulf of Thailand". Accordingly the maritime delimitation is without prejudice to and does not affect the rights and legitimate interests of Cambodia in the area in question and Cambodia totally reserves its position in relation to any existing maritime delimitation in that part of the Gulf of Thailand or to be made in the future without the agreement of the Government of Cambodia.

East Timor adopted, on 23 July 2002, a law entitled Law on Maritime Boundaries of the Territory of the Democratic Republic of East Timor. The Law provides for a territorial sea of 12 nautical miles from the baselines, a contiguous zone of 24 nautical miles, an exclusive economic zone of 200 nautical miles. The Law also stipulates that the outer limit of the continental shelf of East Timor is defined by a line each point of which is situated 200 nautical miles from the baselines or up to outer limit of the continental margin where the continental margin extends beyond 200 nautical miles. The law also stipulates that, in the case of overlapping claims, the question of delimitation shall be resolved through pacific settlement of disputes, in accordance with Article 33 of the Charter of the United Nations. The Law is effective retroactively as from 20 May 2002.