Off-Shore Elevations Clause Samples

Off-Shore Elevations a. Low-tide Elevations. These are “naturally formed area[s] of land which [are] surrounded by and above water at low tide, but submerged at high tide.”40 Low-tide elevations do not generate any maritime zones. However, if they are located within the territorial sea, they may be used to extend the baseline,41 which is used for measuring the territorial sea and other zones. Straight baselines may also be drawn out to the low-tide elevation if “a lighthouse or similar installation, which is permanently above sea level” is erected upon such areas of land.42 b. Rocks. These are naturally formed areas of land which are surrounded by and always above water (i.e., even at high-tide). A rock is similar to an island, except that the former is not capable of sustaining human habitation or economic life.43 Rocks are entitled to a territorial sea and a contiguous zone (see infra), but not to an exclusive economic zone (EEZ—see infra) or a continental shelf,44 which may have serious economic consequences. Consequently, various coastal States have sought to classify reefs or rocks as islands in order to assert jurisdiction over fishing and petroleum resources out to 200 NM and beyond. 45.