In March 1990, Albania submitted to the United Nations the decision that defined its territorial waters in 12 nautical miles, the maximum limit provided for by the international Law Of the Sea. However, this move was the result of a long-standing diplomatic confrontation.
Until that decision and for 14 consecutive years, albania Was implementing an arbitrary extension of its territorial waters in 15 nautical miles, starting from the coast and applying the system of alignment (straight baselines).
The 15-mile extension was originally approved with the decree no. 5384 of 23 February 1976Despite its submission to the UN, this decision was never accepted by the United States, which they considered to be in violation of international conventions.
For this reason, Washington then sent an official note of protest to the Albanian government, categorically stating that the 15-mile extension was contrary to the provisions of international law and that the modification of the basic engraving system was unacceptable.
“US protest against the amendment of Albania’s Law 4650! The United States of America refers to Albanian Law No. 5384 of February 23, 1976… which aims to place territorial waters at 15 miles and stipulates that foreign warships can enter only with special permission”, Washington's letter at the time specifically stated.
The United States further recalled that this expansion was a direct violation of the article 3 of the United Nations Convention on the Law of the Sea.
"The claim to territorial waters at 15 nautical miles was not based on any international principles and practices"It is internationally recognized that territorial waters should not exceed 12 nautical miles.", the document continued, emphasizing that Albania's practice was in conflict with the international community.
The US objections were not limited to exceeding the 3-mile limit, but also to illegal way of measuring from the coast. According to the American side, the Albanian coastline did not have the geographical conditions (such as pronounced deformations or island complexes) that would justify the use of a straight baseline.
"The section of the straight line from Cape Rodon to the mouth of the Viosa River and from Cape Glossa Avlonos to Cape Agioi Saranda" were considered illegal as inland waters", the US noted, clarifying that these areas were not legal bays.
The protest note called on Albania to comply with international law and ensure the free passage of all ships, commercial and military, without the need for prior permission.
The document, dated June 22, 1989, was delivered to Albania through the French Foreign Ministry, as at that time Tirana and Washington they did not maintain diplomatic relations.
Finally, under the weight of international pressure and just before the collapse of the old regime, Albania gave in. Less than a year after the protest, it changed its legislation and reduced the extent of its territorial waters from 15 to 12 nautical miles, in line with international standards.
