Claims to Straight Baselines in the Asia-Pacific: Contrary to Customary International Law?

Abstract

This article examines the straight baseline claims that have been made by coastal States in the Asia-Pacific region in light of the International Court of Justice’s ruling regarding Nicaragua’s straight baselines in the Caribbean Sea. Uncertainties over the relevant provisions of the United Nations Convention on the Law of the Sea are discussed before straight baseline claims made in the Asia-Pacific region are outlined with particular note made of Malaysia’s June 2022 clarification of its baselines claims through publication of the geographical coordinates of the base points concerned. The findings of the International Court of Justice concerning Nicaragua’s straight baselines are then discussed. This leads to the conclusion that the majority of State practice relating to straight baselines in the Asia-Pacific region would be deemed as contrary to customary international law were they to be assessed against the standard set by the Court in that case.