On The System Of Baselines Applied By Continental States To The Off-lying Archipelagoes

In the early 20 th century,archipelagic questions had come into views of scholars and some international organizations and became the subject of extensive research.However,there was no binding documents until the United Nations Convention on the Law of the Sea(UNCLOS)was finally adopted in 1982,which has been the highest and most comprehensive convention about oceans.From the provisions of the convention,the UNCLOS only stipulates archipelagic states in part IV,that an archipelagic State may draw straight archipelagic baselines joining the outermost points of the outermost islands and drying reefs of the archipelago.While there is no clear provision on the baseline system of the continental states' off-lying archipelagos.Therefore,it is necessary to seek for reasonable legal basis in other ways.And the customary international law comes to mind.Firstly,the paper uses the literature review method to analyze the history and relevant provisions of the UNCLOS,concluding that the UNCLOS cannot provide the legal basis for the baseline system of the continental states' off-lying archipelagos.Secondly,the paper uses the positive research method to analyze states' practices of their off-lying archipelagos,finding that so far there are more than 20 states having adopted the straight baseline system to define their territorial sea through domestic legislation.Thirdly,through the combination of literature review method and the positive research method,the paper reviews the state practice of continental states,discusses relevant opinio juris,and combines the implied recognition of surrounding states,finding that the application of straight baselines when drawing the territorial sea is becoming one of the customary international law initially.Finally,the paper comes to the conclusion that continental states with off-lying archipelagos can draw their baselines of territorial waters through using the customary international law.Of course,there are some opposite voices in the international community,and the opposite states could use the principle of persistent objector to maintain their own interests.But it cannot stop the general formation of the customary international law.China is one of the few continental states with off-lying archipelagos in the world who embraces the Dongsha Islands,the Xisha Islands,the Zhongsha Islands and the Nansha Islands.The four Islands of China each has close interrelation from geography,economic and politics,and has been historically regarded as such,therefore there is no doubt that China has integrality on the four Islands each.From the perspective of customary international law,whether China's state practice or opinio juris of traditional legislation,China has got sufficient customary international law proves for straight baseline system when drawing territorial sea.Therefore,taking the Nansha Islands as an example,China could quote customary international law as legal basis to draw the territorial sea based on integrality rights.This is not only in line with China's existing legislative provisions and the existed practice of the Xisha Islands,but also a strong maintenance for China's territorial sovereignty and integrity.By playing the important role of the customary international law,it is possible to provide new ideas for China to solve the sovereignty problem in the South China Sea.It also could help to improve relevant legislation of the South China Sea to protect China's legal rights,and finally promote China to run to the blue ocean.