Archipelagic state

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).^[6] 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".^[7] 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.^[8] 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.^[9]

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 that the territorial waters and closer to the internal waters.^[10]

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.^[11] 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.^[12]

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.^[13]

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.^[6]

Discussions about the status of waters between the islands of an archipelago date back to 1924, when Alejandro Alvarez proposed grouping the islands together when considering the limits of territorial waters.^[14]

The concept of an archipelagic state became a matter of consideration when the potential beneficiaries (Bahamas, Fiji, Indonesia, Philippines) gained independence post-World War II. In the absence of international law, the claims of these states to the waters between the islands were based on internal laws (Indonesia) or interpretation of treaties (the 1898 Treaty of Paris for Philippines).^[1] At the same time, the economic activity involving the sea resources grew in importance, prompting, for example, the 1945 Truman Proclamation by the United States, 1955 and 1956 notes verbales of the Philippines, and the 1957 Djuanda Declaration by Indonesia.^[15][14]

After an early attempt to define archipelagic waters as territorial waters by the League of Nations at the 1930 Hague Conference on Codification failed, the efforts restarted in 1952 with the International Law Commission (ILC) proposing a definition of an archipelago as three or more islands in the mid-ocean separated by no more than 10 miles, with the body of water in between being internal waters. The proposal was objected to by the maritime states. The 1958 UNCLOS I established the rule of straight baselines that settled the issue for the islands of mainland countries, but not for the mid-ocean archipelagoes.^[16] UNCLOS III finally settled the issue prompted by a proposal submitted by Fuji, Indonesia, Mauritius, and the Philippines. The codification comprises nine articles of the Part IV of the UNCLOS.^[17]

This is a list of the current archipelagic states in the world. These 22 island countries have sought to claim archipelagic status by utilising the 1982 UN Convention on the Law of the Sea provisions.^[4][18]

Bolded are the five original official archipelagic states.

• List of archipelagos
• List of island countries
• Lists of islands
• Thalassocracy

• Priestnall, Graham (1997). "The Regimes of Archipelagic Sea Lanes Passage and Straits' Transit Passage – Similarities and Differences". Maritime Studies. 1997 (96): 1–12. doi:10.1080/07266472.1997.10878494. ISSN 0726-6472.
• Oegroseno, Arif Havas (2014-10-30). "Archipelagic States: From Concept to Law". The IMLI Manual on International Maritime Law. Oxford University Press. doi:10.1093/law/9780199683925.003.0005. ISBN 978-0-19-968392-5.