United States Department of State Bureau of Oceans and International Environmental and Scientific Affairs b Limits in the Seas No. 123 Uruguay’s Maritime ClaimsThis paper is one of a series issued by the Office of Oceans Affairs, Bureau of Oceans and International Environmental and Scientific Affairs in the Department of State. The aim of the series is to set forth the basis of national arrangements for the measurement of marine areas by coastal States. It is intended for background use only. This paper does not necessarily represent an official acceptance by the United States Government of the limits claimed. Principal analysts for this study: Robert W. Smith and Sarah E. Morison. Requests for additional copies should be addressed to the Office of Oceans Affairs, Room 5805, United States Department of State, Washington, D.C. 20520. LIMlTS IN THE SEAS No. 123 URUGUAY’S MARITIME CLAIMS AND BOUNDARIES November 27,200O Office of Oceans Affairs Bureau of Oceans and International Environmental and Scientific Affairs U.S. Department of StateIntroduction This study analyzes the maritime claims made by the Government of Uruguay.1 It also reviews the maritime boundaries it has negotiated with its neighbors, Argentina and Brazil. Uruguay in 1998 implemented a law setting forth its baseline claims, including several segments of straight baselines, from which it measures the limits of its 12-mile territorial sea, 24-mile contiguous zone and 200-mile exclusive economic zone.2 Basis for Baseline Analysis The United Nations Convention on the Law of the Sea (LOS Convention), which Uruguay ratified on December 10, 1992, reflects customary international law for the principles that underlie the proper and legal establishment of baselines. The rules for drawing baselines are contained in articles 5-11 and 13-14 of the LOS Convention. Article 5 states that “except where otherwise provided in this Convention, the normal baseline for measuring the breadth of the territorial sea is the low-water line along the coast.” Paragraph 1 of article 7 is the paramount paragraph that establishes the geographical conditions that must be met should a coastal State elect to claim straight baselines in particular locations. This paragraph states that straight baselines may be drawn only in two specific geographic situations, that is, (a) “in localities where the coastline is deeply indented and cut into”, or (b), “if there is a fringe of islands along the coast in its immediate vicinity”.3 The purpose of authorizing the use of straight baselines is to allow the coastal State, at its discretion, to enclose those waters which have, as a result of their close inter- relationship with the land, the character of internal waters. According to the LOS Convention, “the sea areas lying within the lines must be sufficiently closely linked to the land domain to be subject to the regime of internal waters”.4 By using straight baselines, a State may also eliminate complex patterns, including enclaves, in its territorial sea, that would otherwise result from the use of normal baselines.5 A United Nations study stated that when determining whether “conditions apply which would permit the use of straight baselines it is necessary to focus on the spirit as well as the letter of the frrst paragraph of article 7” of the LOS Convention6 And, as a noted geographer has stated, “proper straight baselines usually have a number of segments, each composed of several legs, interspersed with sections of the low-water ’ Act No. 17.033 of 20 November 1998. UN Law of the Sea Bulletin No. 41. 2 All miles in this study are nautical miles. One nautical mile equals 1,852 meters. ! LOS Convention, article 7( 1); also found in article 4( 1) of the 1958 Geneva Convention on the Territorial Sea and the Contiguous Zone, 15 U.S.T. 1606, T.I.A.S. No. 639, 516 U.N.T.S. 205. 4 LOS Convention, article 7(3). 5 J .Ashley Roach and Robert W. Smith (Roach and Smith), United States Responses to Excessive Maritime Claims, 2nd edition, Martinus Nijhoff Publishers, 1996, p. 60. 6 United Nations, Baselines: An Examination of the Relevant Provisions of the United Nations Convention on the Law of the Sea, 1989, p. 17.mark of island and mainland coasts.. ._ The length of individual legs is short and the baseline is rarely more than 24 nautical miles from an exposed coast”.7 Article 14 of the LOS Convention acknowledges that a combination of methods is appropriate for determining the type of baselines in particular areas: “The coastal State may determine baselines in turn by any of the methods provided for in the foregoing articles to suit different conditions.” Neither the LOS Convention nor the Convention on the Territorial Sea and the Contiguous Zone place a specific distance limit on the length of a straight baseline. However; several analyses have suggested limits ranging from 24 to 48 miles.8 The position of the United States is that as a general rule baseline segments should not exceed 24 miles.9 The following analysis supports 24 miles as the ordinary maximum baseline length. The maximum segment length of 24 miles is supported by a close reading of the relevant articles of the LOS Convention. Article 7( 1) speaks of the “immediate vicinity” of the coast. Article 7(3) states that “the sea areas lying within the line must be sufficiently closely linked to the land domain to be subject to the regime of internal waters.” In both of these descriptions, the implication is strong that the waters to be internalized would otherwise be part of the territorial sea. It is difficult to envision a situation where international waters (beyond 12 miles from the appropriate low-water line) could be somehow “sufficiently closely linked” as to be subject to conversion to ~ internal waters. This implication is reinforced by article S(2) which guarantees the right of innocent passage in areas converted to internal waters by straight baselines. Innocent passage is a regime applicable to the territorial sea (with a maximum breadth of 12 miles). Preservation of innocent passage carries over pre-existing rights in waters that were territorial in nature before the