The UN Convention on the Law of the Sea - Amendments or "interpretation"?

Ten years after the entry into force of the United Nations Convention on the Law of the Sea it is now possible to revise and simplify the rules concerning straight baselines which may be used for the closing of indentations and bays; new rules would settle the many outlaw situations which exist at present and would enable the definition of many situations which still have to be settled. Draft new rules concerning straight baselines are proposed. The 1982 United Nations Convention on the Law of the Sea entered into force in 1994; there are now many articles in force, which contain ambiguities, some technical errors and technical concepts which have been de facto overtaken by progress and State practice. Certainly, many parts of the Convention require significant modifications or improvements: it suffices to cite Part II "Territorial Sea and Contiguous Zone", Part VI "Continental Shelf" and Part XI "The Area" to give an idea of the work with which legal experts will be confronted. Articles 312 and 313 are also in force which govern the revision or amendment of the Convention. As from 2004 it will be possible to propose specific amendments and to ask for a Conference to be convened to consider any proposed amendments. The intention of this short paper is to amend and simplify the text of Part II of the Convention and, in particular, those articles which, in practice, have been and are normally ignored or infringed. The final goal is to produce a text which corresponds to reality, whether it be the geographic, juridical or practical reality. Part II is composed of 32 articles on "Territorial Sea and Contiguous Zone"; of these Articles 3, 4, 5 and 7 to 16 specifically concern "baselines" land, in particular, "straight baselines") from which the breadth of the territorial sea and contiguous zone is measured and the principles and limitations for drawing them and the effects consequently produced.