TERRITORIAL SEA BASELINES ALONG ICE COVERED COASTS: INTERNATIONAL PRACTICE AND LIMITS OF THE LAW OF THE SEA Professor Stuart B. Kaye Faculty of Law University of Wollongong Address for Correspondence: Faculty of Law University of Wollongong NSW 2522 AUSTRALIA Fax: +61 2 4221 3188 E-mail: <
[email protected]> Abstract This article considers the relevant international law pertaining to territorial sea baselines, and reviews the application of that law to ice-covered coasts. The international literature concerning status of ice in international law is examined and State practice for both the Arctic and Antarctic is reviewed. The Law of the Sea Convention contains virtually no provisions pertaining to ice, as during its negotiation, in an effort to reach a consensus, all discussion of Antarctica was avoided. International lawyers appear to favour the notion that where ice persists for many years and is fixed to land or at least is connected to ice that is connected to land, it may be able to generate territorial sea baselines. Neither the International Court of Justice nor any other international tribunal has had the opportunity to consider the status of ice, except in the most general terms. This article considers some alternatives and difficulties in their application. The impact of the Antarctic Treaty on any system is also considered, as Articles IV and VI of the Treaty may be affected by any international action by claimants in proclaiming baselines. 1 1. Introduction The Law of the Sea Convention pertains to all the world’s oceans and provides a regime for the determination of coastal State maritime jurisdiction.