INTERNATIONAL MARITIME ORGANIZATION

MSC 67/713

5 September 1996

Original: ENGLlSH

MARITIME SAFETY COMMITTEE

67th session

Agenda item 7

SAFETY OF NAVIGATION

Sea lanes in archipelagic waters

IMO procedures for adopting archipelagic sea lanes under
Article 53(9) of the United Nations Convention on the
Law of the Sea (UNCLOS)

Submitted by Australia

Introduction

1 The purpose of this paper is to assist the Organization to determine the procedures for addressing the complex issues associated with its role as the "competent international organization" implementing those provisions of the United Nations Convention on the Law of the Sea (UNCLOS) concerning adoption of archipelagic sea lanes.

2 Indonesia foreshadowed at MSC 66 that it will be submitting a proposal for designation of archipelagic sea lanes for consideration at MSC 67 in December 1996 (MSC 67/7/2). This will be the first occasion IMO will consider such a proposal and Australia considers it essential that IMO agrees on and establishes appropriate procedures.

3 While there are possible precedents in IMO's adoption of routeing measures, there are as yet no established procedures for the adoption of archipelagic sea lanes which, it is suggested, must take into account the legitimate rights and concerns of the archipelagic State and those of the States whose ships and aircraft transit archipelagic waters.

4 Australia suggests that the adoption of archipelagic sea lanes involves navigational, safety and legal issues associated with the number and location of proposed sea lanes. This paper explores a number of procedural issues that should be addressed in considering the adoption of archipelagic sea lanes proposals.

Issues

5 Article 53(9) of UNCLOS requires an archipelagic State to refer its sea lane designation proposals to the competent international organization with a view to their adoption. This requirement raises a number of issues for consideration:

・ is IMO the only "competent international organization"?

・ what does "adoption" involve?;

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