Archipelagic Waters

Archipelagic waters refer to the bodies of water enclosed by the outermost islands and connecting baselines of an archipelagic state. These waters, along with the islands and other natural features within them, form part of the sovereign territory of such a state. The concept of archipelagic waters was formally recognised under the United Nations Convention on the Law of the Sea (UNCLOS), 1982, which established the legal framework governing maritime zones and the rights of coastal and archipelagic states.
The recognition of archipelagic waters marked a significant development in international maritime law, as it allowed archipelagic states—those consisting entirely of groups of islands—to treat the waters between their islands as internal waters under their sovereignty, subject to certain international navigation rights.

Definition under UNCLOS

According to Article 46 of the UNCLOS (1982), an archipelagic state is defined as a state:

• Constituted wholly by one or more archipelagos and may include other islands; and
• Whose waters, islands, and other natural features form an intrinsic geographical, economic, and political entity.

Article 47 provides the legal basis for determining archipelagic baselines, which are straight lines drawn by joining the outermost points of the outermost islands and drying reefs of the archipelago. The waters enclosed by these baselines are designated as archipelagic waters.

Legal Status and Sovereignty

An archipelagic state exercises full sovereignty over its archipelagic waters, air space above them, and the seabed and subsoil beneath them, similar to its land territory. However, UNCLOS imposes certain limitations to balance national sovereignty with international rights of navigation and communication.
Thus, while archipelagic waters are under the sovereignty of the archipelagic state, they are not considered internal waters in the traditional sense. This is because other states retain the right of passage through designated sea lanes and air routes within these waters.

Key Legal Principles

The concept of archipelagic waters is governed by several important principles outlined in Part IV of UNCLOS (Articles 46–54):

1. Archipelagic Baselines
   • Straight baselines are drawn by connecting the outermost points of the outermost islands and drying reefs.
   • The ratio of the area of water to land enclosed by these baselines must be between 1:1 and 9:1, ensuring that the archipelago remains a cohesive geographical entity.
   • Baselines cannot deviate more than 100 nautical miles between adjacent points, except in special cases where up to 125 nautical miles are allowed.
2. Sovereignty and Jurisdiction
   • Archipelagic states have sovereignty over all waters enclosed by archipelagic baselines, including the seabed, subsoil, and airspace.
   • This sovereignty extends to the living and non-living resources within these waters.
3. Right of Innocent Passage
   • Ships of all states enjoy the right of innocent passage through archipelagic waters, similar to that in territorial seas.
   • Passage must be continuous, expeditious, and non-prejudicial to the peace, good order, or security of the archipelagic state.
4. Archipelagic Sea Lanes Passage
   • Archipelagic states must designate archipelagic sea lanes for continuous and unobstructed passage of foreign ships and aircraft through or over archipelagic waters.
   • This right, known as archipelagic sea lanes passage, is broader than innocent passage and applies specifically to the main routes normally used for international navigation.
5. Protection of Environment and Resources
   • Archipelagic states are responsible for protecting and conserving marine ecosystems within their waters.
   • They may adopt laws regulating fishing, pollution control, and environmental conservation in line with international standards.

Examples of Archipelagic States

Several countries have been officially recognised as archipelagic states under UNCLOS due to their geography and maritime configuration. These include:

• Indonesia – the largest archipelagic state, with over 17,000 islands forming a single political and maritime entity.
• Philippines – an archipelago of over 7,000 islands, also exercising sovereignty over its archipelagic waters.
• Fiji, Bahamas, and Papua New Guinea – other examples of states that have declared archipelagic baselines.

India, though having groups of islands such as the Andaman and Nicobar Islands and the Lakshadweep Islands, is not classified as an archipelagic state, as the Indian mainland forms the principal part of the country.

Distinction between Archipelagic Waters and Other Maritime Zones

Importance of Archipelagic Waters

1. National Integration and Security:
   • Enables island states to treat dispersed islands and waters as a unified political and economic entity.
   • Strengthens sovereignty and maritime jurisdiction.
2. Economic Advantages:
   • Grants control over valuable marine resources, fisheries, and seabed minerals within archipelagic boundaries.
   • Facilitates maritime transport, trade, and tourism.
3. Environmental Management:
   • Allows better regulation of marine pollution, sustainable fisheries, and biodiversity conservation.
4. Geopolitical and Strategic Relevance:
   • Enhances national security and strategic depth, particularly for states with extensive maritime domains.
   • Provides a legal framework for managing conflicts over maritime boundaries and navigation rights.

Challenges and Controversies

• Delimitation Disputes: Neighbouring states may contest the location of archipelagic baselines, especially where they affect overlapping maritime zones.
• Navigation Rights: Tensions often arise between archipelagic states asserting sovereignty and maritime powers insisting on freedom of navigation.
• Environmental Concerns: Increased maritime traffic through archipelagic sea lanes can threaten fragile marine ecosystems.
• Implementation Issues: Many developing archipelagic states face challenges in monitoring and enforcing laws across vast maritime areas.