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UNITED NATIONS CONVENTION ON THE LAW OF THE SEA, 1982
UNITED NATIONS CONVENTION ON THE LAW OF THE SEA, 1982
TABLE OF CONTENTS
PART I INTRODUCTION
PART II TERRITORIAL SEA AND CONTIGUOUS ZONE
SECTION 1 General Provisions
SECTION 2 Limits of the Territorial Sea
SECTION 3 Innocent Passage in the Territorial Sea
SECTION 4 Contiguous Zone
PART III STRAITS USED FOR INTERNATIONAL NAVIGATION
SECTION 1 General Provisions
SECTION 2 Transit Passage
SECTION 3 Innocent Passage
PART IV ARCHIPELAGIC STATES
PART V EXCLUSIVE ECONOMIC ZONE
PART VI CONTINENTAL SHELF
PART VII HIGH SEAS
SECTION 1 General Provisions
SECTION 2 Conservation and Management of the Living Resources of
the High Seas
PART VIII REGIME OF ISLANDS
PART IX ENCLOSED OR SEMI-ENCLOSED SEAS
PART X RIGHT OF ACCESS OF LAND-LOCKED STATES TO AND FROM THE SEA
AND FREEDOM OF TRANSIT
PART XI THE AREA
SECTION 1 General Provisions
SECTION 2 Principles Governing the Area
SECTION 3 Development of Resources of the Area
SECTION 4 The Authority
SECTION 5 Settlement of Disputes and Advisory Opinions
PART XII PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT
SECTION 1 General Provisions
SECTION 2 Global and Regional Co-operation
SECTION 3 Technical Assistance
SECTION 4 Monitoring and Environment Assessment
SECTION 5 International Rules and National Legislation to Prevent,
Reduce and Control Pollution of the Marine Environment
SECTION 6 Enforcement
SECTION 7 Safeguards
SECTION 8 Ice-covered Areas
SECTION 9 Responsibility and Liability
SECTION 10 Sovereign Immunity
SECTION 11 Obligations under other Conventions on the Protection and
Preservation of the Marine Environment
PART XIII MARINE SCIENTIFIC RESEARCH
SECTION 1 General Provisions
SECTION 2 International Co-operation
SECTION 3 Conduct and Promotion of Marine Scientific Research
SECTION 4 Scientific Research Installations or Equipment in the
Marine Environment
SECTION 5 Responsibility and Liability
PART XIV DEVELOPMENT AND TRANSFER OF MARINE TECHNOLOGY
SECTION 1 General Provisions
SECTION 2 International Co-operation
SECTION 3 National and Regional Marine Scientific and Technological
Centres
SECTION 4 Co-operation among International Organisations
PART XV SETTLEMENT OF DISPUTES
SECTION 1 General Provisions
SECTION 2 Compulsory Procedures Entailing Binding Decisions
SECTION 3 Limitations and Exceptions to Applicability of SECTION 2
PART XVI GENERAL PROVISIONS
PART XVII FINAL PROVISIONS
ANNEX I HIGHLY MIGRATORY SPECIES
ANNEX II COMMISSION ON THE LIMITS OF THE CONTINENTAL SHELF
ANNEX III BASIC CONDITIONS OF PROSPECTING, EXPLORATION AND EXPLOITATION
ANNEX IV STATUTE OF THE ENTERPRISE
ANNEX V CONCILIATION
SECTION 1 Conciliation Procedure Pursuant to SECTION 1 of PART XV
SECTION 2 Compulsory Submission to Conciliation Procedure Pursuant
to section 3 of PART XV
ANNEX VI STATUTE OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA
SECTION 1 Organisation of the Tribunal
SECTION 2 Competence
SECTION 3 Procedure
SECTION 4 Sea-bed Disputes Chamber
SECTION 5 Amendments
ANNEX VII ARBITRATION
ANNEX VIII SPECIAL ARBITRATION
ANNEX IX PARTICIPATION BY INTERNATIONAL ORGANISATIONS
Whole document
UNITED NATIONS CONVENTION ON THE LAW OF THE SEA, 1982
THE STATES PARTIES TO THIS CONVENTION,
PROMPTED by the desire to settle, in a spirit of mutual understanding
and co-operation, all issues relating to the law of the sea and aware of
the historic significance of this Convention as an important contribution
to the maintenance of peace, justice and progress for all peoples of the
world,
NOTING that developments since the United Nations Conferences on the
Law of the Sea held at Geneva in 1958 and 1960 have accentuated the need
for a new and generally acceptable Convention on the law of the sea,
CONSCIOUS that the problems of ocean space are closely interrelated
and need to be considered as a whole,
RECOGNISING the desirability of establishing through this Convention,
with due regard for the sovereignty of all States, a legal order for the
seas and oceans which will facilitate international communication, and
will promote the peaceful uses of the seas and oceans, the equitable and
efficient utilisation of their resources, the conservation of their living
resources, and the study, protection and preservation of the marine
environment,
BEARING in mind that the achievement of these goals will contribute to
the realisation of a just and equitable international economic order which
takes into account the interests and needs of mankind as a whole and, in
particular, the special interests and needs of developing countries,
whether coastal or land-locked,
DESIRING by this Convention to develop the principles embodied in
resolution 2749 (XXV) of December 17, 1970 in which the General Assembly
of the United Nations solemnly declared inter alia that the area of the
sea-bed and ocean floor and the subsoil thereof, beyond the limits of
national jurisdiction, as well as its resources, are the common heritage
of mankind, the exploration and exploitation of which shall be carried out
for the benefit of mankind as a whole, irrespective of the geographical
location of States,
BELIEVING that the codification and progressive development of the law
of the sea achieved in this Convention will contribute to the
strengthening of peace, security, co-operation and friendly relations
among all nations in conformity with the principles of justice and equal
rights and will promote the economic and social advancement of all peoples
of the world, in accordance with the Purposes and Principles of the
United Nations as set forth in the Charter,
AFFIRMING that matters not regulated by this Convention continue to be
governed by the rules and principles of general international law,
HAVE AGREED as follows:
PART I INTRODUCTION
Article 1
Use of terms and scope
1. For the purposes of this Convention:
(1) "Area" means the sea-bed and ocean floor and subsoil thereof,
beyond the limits of national jurisdiction;
(2) "Authority" means the International Sea-Bed Authority;
(3) "activities in the Area" means all activities of exploration
for, and exploitation of, the resources of the Area;
(4) "pollution of the marine environment" means the introduction
by man, directly or indirectly, of substances or energy into the marine
environment, including estuaries, which results or is likely to result in
such deleterious effects as harm to living resources and marine life,
hazards to human health, hindrance to marine activities, including fishing
and other legitimate uses of the sea, impairment of quality for use of sea
water and reduction of amenities;
(5) (a) "dumping" means:
(i) any deliberate disposal of wastes or other matter from
vessels, aircraft, platforms or other man-made structures at sea;
(ii) any deliberate disposal of vessels, aircraft,
platforms or other man-made structures at sea;
(b) "dumping" does not include:
(i) the disposal of wastes or other matter incidental to,
or derived from the normal operations of vessels, aircraft, platforms or
other man-made structures at sea and their equipment, other than wastes or
other matter transported by or to vessels, aircraft, platforms or other
man-made structures at sea, operating for the purpose of disposal of such
matter or derived from the treatment of such wastes or other matter on
such vessels, aircraft, platforms or structures;
(ii) placement of matter for a purpose other than the mere
disposal thereof, provided that such placement is not contrary to the
aims of this Convention.
2. (1) "States Parties" means States which have consented to be bound
by this Convention and for which this Convention is in force.
(2) This Convention applies mutatis mutandis to the entities referred
to in Article 305, paragraph 1(b), (c), (d), (e) and (f), which become
Parties to this Convention in accordance with the conditions relevant to
each, and to the extent "States Parties" refers to those entities.
PART II TERRITORIAL SEA AND CONTIGUOUS ZONE
SECTION 1. GENERAL PROVISIONS
Article 2
Legal status of the territorial sea, of the air space over the
territorial sea and of its bed and subsoil
1. The sovereignty of a coastal State extends, beyond its land
territory and internal waters and, in the case of an archipelagic State,
its archipelagic waters, to an adjacent belt of sea, described as the
territorial sea.
2. This sovereignty extends to the air space over the territorial sea
as well as to its bed and subsoil.
3. The sovereignty over the territorial sea is exercised subject to
this Convention and to other rules of international law.
SECTION 2. LIMITS OF THE TERRITORIAL SEA
Article 3
Breadth of the territorial sea
Every State has the right to establish the breadth of its territorial
sea up to a limit not exceeding 12 nautical miles, measured from baselines
determined in accordance with this Convention.
Article 4
Outer limit of the territorial sea
The outer limit of the territorial sea is the line every point of
which is at a distance from the nearest point of the baseline equal to the
breadth of the territorial sea.
Article 5
Normal baseline
Except where otherwise provided in this Convention, the normal
baseline for measuring the breadth of the territorial sea is the low-water
line along the coast as marked on large-scale charts officially recognised
by the coastal State.
Article 6
Reefs
In the case of islands situated on atolls or of islands having
fringing reefs, the baseline for measuring the breadth of the territorial
sea is the seaward low-water line of the reef, as shown by the appropriate
symbol on charts officially recognised by the coastal State.
Article 7
Straight baselines
1. In localities where the coastline is deeply indented and cut into,
or if there is a fringe of islands along the coast in its immediate
vicinity, the method of straight baselines joining appropriate points may
be employed in drawing the baseline from which the breadth of the
territorial sea is measured.
2. Where because of the presence of a delta and other natural
conditions the coastline is highly unstable, the appropriate points may be
selected along the furthest seaward extent of the low-water line, and
notwithstanding subsequent regression of the low-water line, the straight
baselines shall remain effective until changed by the coastal State in
accordance with this Convention.
3. The drawing of straight baselines must not depart to any
appreciable extent from the general direction of the coast, and the sea
areas lying within the lines must be sufficiently closely linked to the
land domain to be subject to the regime of internal waters.
4. Straight baselines shall not be drawn to and from low-tide
elevations, unless lighthouses or similar installations which are
permanently above sea level have been built on them or except in instances
where the drawing of baselines to and from such elevations has received
general international recognition.
5. Where the method of straight baselines is applicable under
paragraph 1, account may be taken, in determining particular baselines, of
economic interests peculiar to the region concerned, the reality and the
importance of which are clearly evidenced by long usage.
6. The system of straight baselines may not be applied by a State in
such a manner as to cut off the territorial sea of another State from the
high seas or an exclusive economic zone.
Article 8
Internal waters
1. Except as provided in Part IV, waters on the landward side of the
baseline of the territorial sea form part of the internal waters of the
State.
2. Where the establishment of a straight baseline in accordance with
the method set forth in Article 7 has the effect of enclosing as internal
waters areas which had not previously been considered as such, a right of
innocent passage as provided in this Convention shall exist in those
waters.
Article 9
Mouths of rivers
If a river flows directly into the sea, the baseline shall be a
straight line across the mouth of the river between points on the
low-water line of its banks.
Article 10
Bays
1. This Article relates only to bays the costs of which belong to a
single State.
2. For the purposes of this Convention, a bay is a well-marked
indentation whose penetration is in such proportion to the width of its
mouth as to contain land-locked waters and constitute more than a mere
curvature of the coast. An indentation shall not, however, be regarded as
a bay unless its area is as large as, or larger than, that of the
semi-circle whose diameter is a line drawn across the mouth of that
indentation.
3. For the purpose of measurement, the area of an indentation is that
lying between the low-water mark around the shore of the indentation and a
line joining the low-water mark of its natural entrance points. Where,
because of the presence of islands, and indentation has more than one
mouth, the semi-circle shall be drawn on a line as long as the sum total
of the lengths of the lines across the different mouths. Islands within an
indentation shall be included as if they were part of the water area of
the indentation.
4. If the distance between the low-water marks of the natural entrance
points of a bay does not exceed 24 nautical miles, a closing line may be
drawn between these two low-water marks, and the waters enclosed thereby
shall be considered as internal waters.
5. Where the distance between the low-water marks of the natural
entrance points of a bay exceeds 24 nautical miles, a straight baseline of
24 nautical miles shall be drawn within the bay in such a manner as to
enclose the maximum area of water that is possible with a line of that
length.
6. The foregoing provisions do not apply to so-called "historic" bays,
or in any case where the system of straight baselines provided for in
Article 7 is applied.
Article 11
Ports
For the purpose of delimiting the territorial sea, the outermost
permanent harbour works which form an integral part of the harbour system
are regarded as forming part of the coast. Off-shore installations and
artificial islands shall not be considered as permanent harbour works.
Article 12
Roadsteads
Roadsteads which are normally used for the loading, unloading and
anchoring of ships, and which would otherwise be situated wholly or
partly outside the outer limit of the territorial sea, are included in the
territorial sea.
Article 13
Low-tide elevations
1. A low-tide elevation is a naturally formed area of land which is
surrounded by and above water at low tide but submerged at high tide.
Where a low-tide elevation is situated wholly or partly at a distance not
exceeding the breadth of the territorial sea from the mainland or an
island, the low-water line on that elevation may be used as the baseline
for measuring the breadth of the territorial sea.
2. Where a low-tide elevation is wholly situated at a distance
exceeding the breadth of the territorial sea from the mainland or an
island, it has no territorial sea of its own.
Article 14
Combination of methods for determining baselines
The coastal State may determine baselines in turn by any of the
methods provided for in the foregoing Articles to suit different
conditions.
Article 15
Delimitation of the territorial sea between States with opposite or
adjacent coasts
Where the coasts of two States are opposite or adjacent to each other,
neither of the two States is entitled, failing agreement between them to
the contrary, to extend its territorial sea beyond the median line every
point of which is equidistant from the nearest points on the baselines
from which the breadth of the territorial seas of each of the two States
is measured. The above provision does not apply, however, where it is
necessary by reason of historic title or other special circumstances to
delimit the territorial seas of the two States in a way which is at
variance therewith.
Article 16
Charts and lists of geographical co-ordinates
1. The baselines for measuring the breadth of the territorial sea
determined in accordance with Articles 7, 9 and 10, or the limits derived
therefrom, and the lines of delimitation drawn in accordance with Article
12 and 15 shall be shown on charts of a scale or scales adequate for
ascertaining their position. Alternatively, a list of geographical
co-ordinates of points, specifying the geodetic datum, may be substituted.
2. The coastal State shall give due publicity to such charts or lists
of geographical co-ordinates and shall deposit a copy of each such chart
or list with the Secretary-General of the United Nations.
SECTION 3. INNOCENT PASSAGE IN THE TERRITORIAL SEA
SUBSECTION A. RULES APPLICABLE TO ALL SHIPS
Article 17
Right of innocent passage
Subject to this Convention, ships of all States, whether coastal or
land-locked, enjoy the right of innocent passage through the territorial
sea.
Article 18
Meaning of passage
1. Passage means navigation through the territorial sea for the
purpose of:
(a) traversing that sea without entering internal waters or
calling at a roadstead or port facility outside internal waters; or
(b) proceeding to or from internal waters or a call at such
roadstead or port facility.
2. Passage shall be continuous and expeditious. However, passage
includes stopping and anchoring, but only in so far as the same are
incidental to ordinary navigation or are rendered necessary by force
majeure or distress or for the purpose of rendering assistance to persons,
ships or aircraft in danger or distress.
Article 19
Meaning of innocent passage
1. Passage is innocent so long as it is not prejudicial to the peace,
good order or security of the coastal State. Such passage shall take place
in conformity with this Convention and with other rules of international
law.
2. Passage of a foreign ship shall be considered to be prejudicial to
the peace, good order or security of the coastal State if in the
territorial sea it engages in any of the following activities:
(a) any threat or use of force against the sovereignty,
territorial integrity or political independence of the coastal State, or
in any other manner in violation of the principles of international law
embodied in the Charter of the United Nations;
(b) any exercise or practice with weapons of any kind;
(c) any act aimed at collecting information to the prejudice of
the defence or security of the coastal State;
(d) any act of propaganda aimed at affecting the defence or
security of the coastal State;
(e) the launching, landing or taking on board of any aircraft;
(f) the launching, landing or taking on board of any military
device;
(g) the loading or unloading of any commodity, currency or person
contrary to the customs, fiscal, immigration or sanitary laws and
regulations of the coastal State;
(h) any act of wilful and serious pollution contrary to this
Convention;
(i) any fishing activities;
(j) the carrying out of research or survey activities;
(k) any act aimed at interfering with any systems of communication
or any other facilities or installations of the coastal State;
(l) any other activity not having a direct bearing on passage.
Article 20
Subearines and other underwater vehicles
In territorial sea, submarines and other underwater vehicles are
required to navigate on the surface and to show their flag.
Article 21
Laws and regulations of the coastal State relating to innocent passage
1. The coastal State may adopt laws and regulations, in conformity
with the provisions of this Convention and other rules of international
law, relating to innocent passage through the territorial sea, in respect
of all or any of the following:
(a) the safety of navigation and the regulation of maritime
traffic;
(b) the protection of navigational aids and facilities and other
facilities of installations;
(c) the protection of cables and pipelines;
(d) the conservation of the living resources of the sea;
(e) the prevention of infringement of the fisheries laws and
regulations of the coastal State;
(f) the preservation of the environment of the coastal State and
the prevention, reduction and control of pollution thereof;
(g) marine scientific research and hydrographic surveys;
(h) the prevention of infringement of the customs, fiscal,
immigration or sanitary laws and regulations of the coastal State.
2. Such laws and regulations shall not apply to the design,
construction, manning or equipment of foreign ships unless they are giving
effect to generally accepted international rules or standards.
3. The coastal State shall give due publicity to all such laws and
regulations.
4. Foreign ships exercising the right of innocent passage through the
territorial sea shall comply with all such laws and regulations and all
generally accepted international regulations relating to the prevention of
collisions at sea.
Article 22
Sea lanes and traffic separation schemes in the territorial sea
1. The coastal State may, where necessary having regard to the safety
of navigation, require foreign ships exercising the right of innocent
passage through its territorial sea to use such sea lanes and traffic
separation schemes as it may designate or prescribe for the regulation of
the passage of ships.
2. In particular, tankers, nuclear-powered ships and ships carrying
nuclear or other inherently dangerous or noxious substances or materials
may be required to confine their passage to such sea lanes.
3. In the designation of sea lanes and the prescription of traffic
separation schemes under this Article, the coastal State shall take into
account:
(a) the recommendation of the competent international
organisation;
(b) any channels customarily used for international navigation;
(c) the special characteristics of particular ships and channels;
and
(d) the density of traffic.
4. The coastal State shall clearly indicate such sea lanes and traffic
separation schemes on charts to which due publicity shall be given.
Article 23
Foreign nuclear-powered ships and ships carrying nuclear or other
inherently dangerous or noxious substances
Foreign nuclear-powered ships and ships carrying nuclear or other
inherently dangerous or noxious substances shall, when exercising the
right of innocent passage through the territorial sea, carry documents and
observe special precautionary measures established for such ships in
international agreements.
Article 24
Duties of the coastal State
1. The coastal State shall not hamper the innocent passage of foreign
ships through the territorial sea except in accordance with this
Convention. In particular, in the application of the Convention or of any
laws or regulations adopted in conformity with this Convention, the
coastal State shall not:
(a) impose requirements on foreign ships which have the practical
effect of denying or impairing the right of innocent passage; or
(b) discriminate in form or in fact against the ships of any State
or against ships carrying cargoes to, from or on behalf of any State.
2. The coastal State shall give appropriate publicity to any danger to
navigation, of which it has knowledge, within its territorial sea.
Article 25
Rights of protection of the coastal State
1. The coastal State may take the necessary steps in its territorial
sea to prevent passage which is not innocent.
2. In the case of ships proceeding to internal waters or a call at a
port facility outside internal waters, the coastal State also has the
right to take the necessary steps to prevent any breach of the conditions
to which admission of those ships to internal waters or such a call is
subject.
3. The coastal State may, without discrimination in form or in fact
among foreign ships, suspend temporarily in specified areas of its
territorial sea the innocent passage of foreign ships if such suspension
is essential for the protection of its security, including weapons
exercises. Such suspension shall take effect only after having been duly
published.
Article 26
Charges which may be levied upon foreign ships
1. No charge may be levied upon foreign ships by reason only of their
passage through the territorial sea.
2. Charges may be levied upon a foreign ship passing through the
territorial sea as payment only for specific services rendered to the
ship. These charges shall be levied without discrimination.
SUBSECTION B. RULES APPLICABLE TO MERCHANT SHIPS AND GOVERNMENTSHIPS OPERATED FOR COMMERCIAL PURPOSES
Article 27
Criminal jurisdiction on board a foreign ship
1. The criminal jurisdiction of coastal State should not be exercised
on board a foreign ship passing through the territorial sea to arrest any
person or to conduct any investigation in connection with any crime
committed on board the ship during its passage, save only in the following
cases:
(a) if the consequences of the crime extend to the coastal State;
(b) if the crime is of a kind to disturb the peace of the country
or the good order of the territorial sea;
(c) if the assistance of the local authorities has been requested
by the master of the ship or by a diplomatic agent or consular officer of
the flag State; or
(d) if such measures are necessary for the suppression of illicit
traffic in narcotic drugs or psychotropic substances.
2. The above provisions do not affect the right of the coastal State
to take any steps authorised by its laws for the purpose of an arrest or
investigation on board a foreign ship passing through the territorial sea
after leaving internal waters.
3. In the cases provided for in paragraphs 1 and 2, the coastal State
shall, if the master so requests, notify a diplomatic agent or consular
officer of the flag State before taking any steps, and shall facilitate
contact between such agent or officer and the ship's crew. In cases of
emergency this notification may be communicated while the measures are
being taken.
4. In considering whether or in what manner an arrest should be made,
the local authorities shall have due regard to the interests of
navigation.
5. Except as provided in Part XII or with respect to violations of
laws and regulations adopted in accordance with Part V, the coastal State
may not take any steps on board a foreign ship passing through the
territorial sea to arrest any person or to conduct any investigation in
connection with any crime committed before the ship entered the
territorial sea, if the ship, proceeding from a foreign port, is only
passing through the territorial sea without entering internal waters.
Article 28
Civil jurisdiction in relation to foreign ships
1. The coastal State should not stop or divert a foreign ship passing
through the territorial sea for the purpose of exercising civil
jurisdiction in relation to a person on board the ship.
2. The coastal State may not levy execution against or arrest the ship
for the purpose of any civil proceedings, save only in respect of
obligations or liabilities assumed or incurred by the ship itself in the
course or for the purpose of its voyage through the waters of the coastal
State.
3. Paragraph 2 is without prejudice to the right of the coastal State,
in accordance with its laws, to levy execution against or to arrest, for
the purpose of any civil proceedings, a foreign ship lying in the
territorial sea, or passing through the territorial sea after leaving
internal waters.
SUBSECTION C. RULES APPLICABLE TO WARSHIPS AND OTHER GOVERNMENTSHIPS OPERATED FOR NON-COMMERCIAL PURPOSES
Article 29
Definition of warships
For the purposes of this Convention, `warship' means a ship belonging
to the armed forces of a State bearing the external marks distinguishing
such ships of its nationality, under the command of an officer duly
commissioned by the government of the State and whose name appears in the
appropriate service list or its equivalent, and manned by a crew which is
under regular armed forces discipline.
Article 30
Non-compliance by warships with the laws and regulations of the
coastal State
If any warship does not comply with the laws and regulations of the
coastal State concerning passage through the territorial sea and
disregards any request for compliance therewith which is made to it, the
coastal State may require it to leave the territorial sea immediately.
Article 31
Responsibility of the flag State for damage caused by a warship or
other government ship operated for non-commercial purposes
The flag State shall bear international responsibility for any loss or
damage to the coastal State resulting from the non-compliance by a warship
or other government ship operated for non-commercial purposes with the
laws and regulations of the coastal State concerning passage through the
territorial sea or with the provisions of this Convention or other rules
of international law.
Article 32
Immunities of warships and other government ships operated for
non-commercial purposes
With such exceptions as are contained in subsection A and in Articles
30 and 31, nothing in this Convention affects the immunities of warships
and other government ships operated for non-commercial purposes.
SECTION 4. CONTIGUOUS ZONE
Article 33
Contiguous zone
1. In a zone contiguous to its territorial sea, described as the
contiguous zone, the coastal State may exercise the control necessary to:
(a) prevent infringement of its customs, fiscal, immigration or
sanitary laws and regulations within its territory or territorial sea;
(b) punish infringement of the above laws and regulations
committed within its territory or territorial sea.
2. The contiguous zone may not extend beyond 24 nautical miles from
the baselines from which the breadth of the territorial sea is measured.
PART III STRAITS USED FOR INTERNATIONAL NAVIGATION
SECTION 1. GENERAL PROVISIONS
Article 34
Legal status of waters forming straits used for international
navigation
1. The regime of passage through straits used for international
navigation established in this Part shall not in other respects affect the
legal status of the waters forming such straits or the exercise by the
States bordering the straits of their sovereignty or jurisdiction over
such waters and their air space, bed and subsoil.
2. The sovereignty or jurisdiction of the States bordering the straits
is exercised subject to this Part and to other rules of international law.
Article 35
Scope of this Part
Nothing in this Part affects:
(a) any areas of internal waters within a strait, except where the
establishment of a straight baseline in accordance with the method set
forth in Article 7 has the effect of enclosing as internal waters areas
which had not previously been considered as such;
(b) the legal status of the waters beyond the territorial seas of
States bordering straits as exclusive economic zones or high seas; or
(c) the legal regime in straits in which passage is regulated in
whole or in part by long-standing international conventions in force
specifically relating to such straits.
Article 36
High seas routes or routes through exclusive economic zones through
straits used for international navigation
This Part does not apply to a strait used for international navigation
if there exists through the strait a route through the high seas or
through an exclusive economic zone of similar convenience with respect to
navigational and hydrographical characteristics; in such routes, the other
relevant Parts of this Convention, including the provisions regarding the
freedoms of navigation and overflight, apply.
SECTION 2. TRANSIT PASSAGE
Article 37
Scope of this section
This section applies to straits which are used for international
navigation between one part of the high seas or an exclusive economic zone
and another part of the high seas or an exclusive economic zone.
Article 38
Right of transit passage
1. In straits referred to in Article 37, all ships and aircraft enjoy
the right of transit passage, which shall not be impeded; except that, if
the strait is formed by an island of a State bordering the strait and its
mainland, transit passage shall not apply if there exists seaward of the
island a route through the high seas or through an exclusive economic zone
of similar convenience with respect to navigational and hydrographical
characteristics.
2. Transit passage means the exercise in accordance with this Part of
the freedom of navigation and overflight solely for the purpose of
continuous and expeditious transit of the strait between one part of the
high seas or an exclusive economic zone and another part of the high seas
or an exclusive economic zone. However, the requirement of continuous and
expeditious transit does not preclude passage through the strait for the
purpose of entering, leaving or returning from a State bordering the
strait, subject to the conditions of entry to that State.
3. Any activity which is not an exercise of the right of transit
passage through a strait remains subject to the other applicable
provisions of this Convention.
Article 39
Duties of ships and aircraft during transit passage
1. Ships and aircraft, while exercising the right of transit passage,
shall:
(a) proceed without delay through or over the strait;
(b) refrain from any threat or use of force against the
sovereignty, territorial integrity or political independence of States
bordering the strait, or in any other manner in violation of the
principles of international law embodied in the Charter of the United
Nations;
(c) refrain from any activities other than those incident to their
normal modes of continuous and expeditious transit unless rendered
necessary by force majeure or by distress;
(d) comply with other relevant provisions of this Part.
2. Ships in transit passage shall:
(a) comply with generally accepted international regulations,
procedures and practices for safety at sea, including the International
Regulations for Preventing Collisions at Sea;
(b) comply with generally accepted international regulations,
procedures and practices for the prevention, reduction and control of
pollution from ships.
3. Aircraft in transit passage shall:
(a) observe the Rules of the Air established by the International
Civil Aviation Organisation as they apply to civil aircraft; state
aircraft will normally comply with such safety measures and will at all
times operate with due regard for the safety of navigation;
(b) at all times monitor the radio frequency assigned by the
competent internationally designated air traffic control authority or the
appropriate international distress radio frequency.
Article 40
Research and survey activities
During transit passage, foreign ships, including marine scientific
research and hydrographic survey ships, may not carry out any research or
survey activities without the prior authorisation of the States bordering
straits.
Article 41
Sea lanes and traffic separation schemes in straits used for
international navigation
1. In conformity with this Part, States bordering straits may
designate sea lanes and prescribe traffic separation schemes for
navigation in straits where necessary to promote the safe passage of
ships.
2. Such States may, when circumstances require, and after giving due
publicity thereto, substitute other sea lanes or traffic separation
schemes previously designated or prescribed by them.
3. Such sea lanes and traffic separation schemes shall conform to
generally accepted international regulations.
4. Before designating or substituting sea lanes or prescribing or
substituting traffic separation schemes, States bordering straits shall
refer proposals to the competent international organisation with a view to
their adoption. The organisation may adopt only such sea lanes and traffic
separation schemes as may be agreed with the States bordering the straits,
after which the States may designate, prescribe or substitute them.
5. In respect of a strait where sea lanes or traffic separation
schemes through the waters of two or more States bordering the strait are
being proposed, the States concerned shall co-operate in formulating
proposals in consultation with the competent international organisation.
6. States bordering straits shall clearly indicate all sea lanes and
traffic separation schemes designated or prescribed by them on charts to
which due publicity shall be given.
7. Ships in transit passage shall respect applicable sea lanes and
traffic separation schemes established in accordance with this Article.
Article 42
Laws and regulations of States bordering straits relating to transit
passage
1. Subject to the provisions of this section, States bordering straits
may adopt laws and regulations relating to transit passage through
straits, in respect of all or any of the following:
(a) the safety of navigation and the regulation of maritime
traffic, as provided in Article 41;
(b) the prevention, reduction and control of pollution, by giving
effect to applicable international regulations regarding the discharge of
oil, oily wastes and other noxious substances in the strait;
(c) with respect to fishing vessels, the prevention of fishing,
including the stowage of fishing gear;
(d) the loading or unloading of any commodity, currency or person
in contravention of the customs, fiscal, immigration or sanitary laws and
regulations of States bordering straits.
2. Such laws and regulations shall not discriminate in form or in fact
among foreign ships or in their application have the practical effect of
denying, hampering or impairing the right of transit passage as defined in
this section.
3. States bordering straits shall give due publicity to all such laws
and regulations.
4. Foreign ships exercising the right of transit passage shall comply
with such laws and regulations.
5. The flag State of a ship or the State of registry of an aircraft
entitled to sovereign immunity which acts in a manner contrary to such
laws and regulations or other provisions of this Part shall bear
international responsibility for any loss or damage which results to
States bordering straits.
Article 43
Navigational and safety aids and other improvements and the
prevention, reduction and control of pollution
User States and States bordering a strait should by agreement
co-operate:
(a) in the establishment and maintenance in a strait of necessary
navigational and safety aids or other improvements in aid of international
navigation; and
(b) for the prevention, reduction and control of pollution from
ships.
Article 44 Duties of States bordering straits
States bordering straits shall not hamper transit passage and shall
give appropriate publicity to any danger to navigation or overflight
within or over the strait of which they have knowledge. There shall be no
suspension of transit passage.
SECTION 3. INNOCENT PASSAGE
Article 45
Innocent passage
1. The regime of innocent passage, in accordance with Part II, section
3, shall apply in straits used for international navigation:
(a) excluded from the application of the regime of transit passage
under Article 38, paragraph 1; or
(b) between a part of the high seas or an exclusive economic zone
and the territorial sea of a foreign State.
2. There shall be no suspension of innocent passage through such
straits.
PART IV ARCHIPELAGIC STATES
Article 46
Use of terms
(a) `archipelagic State' means a State constituted wholly by one
or more archipelagos and may include other islands;
(b) `archipelago' means a group of islands, including parts of
islands, interconnecting waters and other natural features which are so
closely interrelated that such islands, waters and other natural features
form an intrinsic geographical, economic and political entity, or which
historically have been regarded as such.
Article 47
Archipelagic baselines
1. An archipelagic State may draw straight archipelagic baselines
joining the outermost points of the outermost islands and drying reefs of
the archipelago provided that within such baselines are included the main
islands and an area in which the ratio of the area of the water to the
area of the land, including atolls, is between one to one and nine to one.
2. The length of such baselines shall not exceed 100 nautical miles,
except that up to 3 per cent of the total number of baselines enclosing
any archipelago may exceed that length, up to a maximum length of 125
nautical miles.
3. The drawing of such baselines shall not depart to any appreciable
extent from the general configuration of the archipelago.
4. Such baselines shall not be drawn to and from low-tide elevations,
unless lighthouses or similar installations which are permanently above
sea level have been built on them or where a low-tide elevation is
situated wholly or partly at a distance not exceeding the breadth of the
territorial sea from the nearest island.
5. The system of such baselines shall not be applied by an
archipelagic State in such a manner as to cut off from the high seas or
the exclusive economic zone the territorial sea of another State.
6. If a part of the archipelagic waters of an archipelagic State lies
between two parts of an immediately adjacent neighbouring State, existing
rights and all other legitimate interests which the latter State has
traditionally exercised in such waters and all rights stipulated by
agreement between those States shall continue and be respected.
7. For the purpose of computing the ratio of water to land under
paragraph 1, land areas may include waters lying within the fringing reefs
of islands and atolls, including that part of a steep-sided oceanic
plateau which is enclosed or nearly enclosed by a chain of limestone
islands and drying reefs lying on the perimeter of the plateau.
8. The baselines drawn in accordance with this Article shall be shown
on charts of a scale or scales adequate for ascertaining their position.
Alternatively, lists of geographical co-ordinates of points, specifying
the geodetic datum, may be substituted.
9. The archipelagic State shall give due publicity to such charts or
lists of geographical co-ordinates and shall deposit a copy of each such
chart or list with the Secretary-General of the United Nations.
Article 48
Measurement of the breadth of the territorial sea, the contiguous
zone, the exclusive economic zone and the continental shelf
The breadth of the territorial sea, the contiguous zone, the exclusive
economic zone and the continental shelf shall be measured from
archipelagic baselines drawn in accordance with Article 47.
Article 49
Legal status of archipelagic waters, of the air space over
archipelagic waters and of their bed and subsoil
1. The sovereignty of an archipelagic State extends to the waters
enclosed by the archipelagic baselines drawn in accordance with Article
47, described as archipelagic waters, regardless of their depth or
distance from the coast.
2. This sovereignty extends to the air space over the archipelagic
waters, as well as to their bed and subsoil, and the resources contained
therein.
3. This sovereignty is exercised subject to this Part.
4. The regime of archipelagic sea lanes passage established in this
Part shall not in other respects affect the status of the archipelagic
waters, including the sea lanes, or the exercise by the archipelagic State
of its sovereignty over such waters and their air space, bed and subsoil,
and the resources contained therein.
Article 50
Delimitation of internal waters
Within its archipelagic waters, the archipelagic State may draw
closing lines for the delimitation of internal waters, in accordance with
Articles 9, 10 and 11.
Article 51
Existing agreements, traditional fishing rights and existing submarine
cables
1. Without prejudice to Article 49, an archipelagic State shall
respect existing agreements with other States and shall recognise
traditional fishing rights and other legitimate activities of the
immediately adjacent neighbouring States in certain areas falling within
archipelagic waters. The terms and conditions for the exercise of such
rights and activities, including the nature, the extent and the areas to
which they apply, shall, at the request of any of the States concerned, be
regulated by bilateral agreements between them. Such rights shall not be
transferred to or shared with third States or their nationals.
2. An archipelagic State shall respect existing submarine cables laid
by other States and passing through its waters without making a landfall.
An archipelagic State shall permit the maintenance and replacement of such
cables upon receiving due notice of their location and the intention to
repair or replace them.
Article 52
Right of innocent passage
1. Subject to Article 53 and without prejudice to Article 50, ships of
all States enjoy the right of innocent passage through archipelagic
waters, in accordance with Part II, section 3.
2. The archipelagic State may, without discrimination in form or in
fact among foreign ships, suspend temporarily in specified areas of its
archipelagic waters the innocent passage of foreign ships if such
suspension is essential for the protection of its security. Such
suspension shall take effect only after having been duly published.
Article 53
Right of archipelagic sea lanes passage
1. An archipelagic State may designate sea lanes and air routes there
above, suitable for the continuous and expeditious passage of foreign
ships and aircraft through or over its archipelagic waters and the
adjacent territorial sea.
2. All ships and aircraft enjoy the right of archipelagic sea lanes
passage in such sea lanes and air routes.
3. Archipelagic sea lanes passage means the exercise in accordance
with this Convention of the rights of navigation and overflight in the
normal mode solely for the purpose of continuous, expeditious and
unobstructed transit between one part of the high seas or an exclusive
economic zone and another part of the high seas or an exclusive economic
zone.
4. Such sea lanes and air routes shall traverse the archipelagic
waters and the adjacent territorial sea and shall include all normal
passage routes used as routes for international navigation or overflight
through or over archipelagic waters and, within such routes, so far as
ships are concerned, all normal navigational channels, provided that
duplication of routes of similar convenience between the same entry and
exit points shall not be necessary.
5. Such sea lanes and air routes shall be defined by a series of
continuous axis lines from the entry points of passage routes to the exit
points. Ships and aircraft in archipelagic sea lanes passage shall not
deviate more than 25 nautical miles to either side of such axis lines
during passage, provided that such ships and aircraft shall not navigate
closer to the coasts than 10 per cent of the distance between the nearest
points on islands bordering the sea lane.
6. An archipelagic State which designates sea lanes under this Article
may also prescribe traffic separation schemes for the safe passage of
ships through narrow channels in such sea lanes.
7. An archipelagic State may, when circumstances require, after giving
due publicity thereto, substitute other sea lanes or traffic separation
schemes for any sea lanes or traffic separation schemes previously
designated or prescribed by it.
8. Such sea lanes and traffic separation schemes shall conform to
generally accepted international regulations.
9. In designating or substituting sea lanes or prescribing or
substituting traffic separation schemes, an archipelagic State shall refer
proposals to the competent international organisation with a view to their
adoption. The organisation may adopt only such sea lanes and traffic
separation schemes as may be agreed with the archipelagic State, after
which the archipelagic State may designate, prescribe or substitute them.
10. The archipelagic State shall clearly indicate the axis of the sea
lanes and the traffic separation schemes designated or prescribed by it on
charts to which due publicity shall be given.
11. Ships in archipelagic sea lanes passage shall respect applicable
sea lanes and traffic separation schemes established in accordance with
this Article.
12. If an archipelagic State does not designate sea lanes or air
routes, the right of archipelagic sea lanes passage may be exercised
through the routes normally used for international navigation.
Article 54
Duties of ships and aircraft during their passage, research and survey
activities, duties of the archipelagic State and laws and regulations of
the archipelagic State relating to archipelagic sea lanes passage
Articles 39, 40, 42 and 44 apply mutatis mutandis to archipelagic sea
lanes passage.
PART V. EXCLUSIVE ECONOMIC ZONE
Article 55
Specific legal regime of the exclusive economic zone
The exclusive economic zone is an area beyond and adjacent to the
territorial sea, subject to the specific legal regime established in this
Part, under which the rights and jurisdiction of the coastal State and the
rights and freedoms of other States are governed by the relevant
provisions of this Convention.
Article 56
Rights, jurisdiction and duties of the coastal State in the exclusive
economic zone
1. In the exclusive economic zone, the coastal State has:
(a) sovereign rights for the purpose of exploring and exploiting,
conserving and managing the natural resources, whether living or
non-living, of the waters superjacent to the sea-bed and of the sea-bed
and its subsoil, and with regard to other activities for the economic
exploitation and exploration of the zone, such as the production of energy
from the water, currents and winds;
(b) jurisdiction as provided for in the relevant provisions of
this Convention with regard to:
(i) the establishment and use of artificial islands,
installations and structures;
(ii) marine scientific research;
(iii) the protection and preservation of the marine
environment;
(c) other rights and duties provided for in this Convention.
2. In exercising its rights and performing its duties under this
Convention in the exclusive economic zone, the coastal State shall have
due regard to the rights and duties of other States and shall act in a
manner compatible with the provisions of this Convention.
3. The rights set out in this Article with respect to the sea-bed and
subsoil shall be exercised in accordance with Part VI.
Article 57
Breadth of the exclusive economic zone
The exclusive economic zone shall not extend beyond 200 nautical miles
from the baselines from which the breadth of the territorial sea is
measured.
Article 58
Rights and duties of other States in the exclusive economic zone
1. In the exclusive economic zone, all States, whether coastal or
land-locked, enjoy, subject to the relevant provisions of this Convention,
the freedoms referred to in Article 87 of navigation and overflight and of
the laying of submarine cables and pipelines, and other internationally
lawful uses of the sea related to these freedoms, such as those associated
with the operation of ships, aircraft and submarine cables and pipelines,
and compatible with the other provisions of this Convention.
2. Articles 88 to 115 and other pertinent rules of international law
apply to the exclusive economic zone in so far as they are not
incompatible with this Part.
3. In exercising their rights and performing their duties under this
Convention in the exclusive economic zone, States shall have due regard to
the rights and duties of the coastal State and shall comply with the laws
and regulations adopted by the coastal State in accordance with the
provisions of this Convention and other rules of international law in so
far as they are not incompatible with this Part.
Article 59
Basis for the resolution of conflicts regarding the attribution of
rights and jurisdiction in the exclusive economic zone
In cases where this Convention does not attribute rights or
jurisdiction to the coastal State or to other States within the exclusive
economic zone, and a conflict arises between the interest of the coastal
State and any other State or States, the conflict should be resolved on
the basis of equity and in the light of all the relevant circumstances,
taking into account the respective importance of the interests involved to
the parties as well as to the international community as a whole.
Article 60
Artificial islands, installations and structures in the exclusive
economic zone
1. In the exclusive economic zone, the coastal State shall have the
exclusive right to construct and to authorise and regulate the
construction, operation and use of:
(a) artificial islands;
(b) installations and structures for the purposes provided for in
Article 56 and other economic purposes;
(c) installations and structures which may interfere with the
exercise of the rights of the coastal State in the zone.
2. The coastal State shall have exclusive jurisdiction over such
artificial islands, installations and structures, including jurisdiction
with regard to customs, fiscal, health, safety and immigration laws and
regulations.
3. Due notice must be given of the construction of such artificial
islands, installations or structures, and permanent means for giving
warning of their presence must be maintained. Any installations or
structures which are abandoned or disused shall be removed to ensure
safety of navigation, taking into account any generally accepted
international standards established in this regard by the competent
international organisation. Such removal shall also have due regard to
fishing, the protection of the marine environment and the rights and
duties of other States. Appropriate publicity shall be given to the depth,
position and dimensions of any installations or structures not entirely
removed.
4. The coastal State may, where necessary, establish reasonable safety
zones around such artificial islands, installations and structures in
which it may take appropriate measures to ensure the safety both of
navigation and of the artificial islands, installations and structures.
5. The breadth of the safety zones shall be determined by the coastal
State, taking into account applicable international standards. Such zones
shall be designed to ensure that they are reasonably related to the nature
and function of the artificial islands, installations or structures, and
shall not exceed a distance of 500 metres around them, measured from each
point of their outer edge, except as authorised by generally accepted
international standards or as recommended by the competent international
organisation. Due notice shall be given of the extent of safety zones.
6. All ships must respect these safety zones and shall comply with
generally accepted international standards regarding navigation in the
vicinity of artificial islands, installations, structures and safety
zones.
7. Artificial islands, installations and structures and the safety
zones around them may not be established where interference may be caused
to the use of recognised sea lanes essential to international navigation.
8. Artificial islands, installations and structures do not possess the
status of islands. They have no territorial sea of their own, and their
presence does not affect the delimitation of the territorial sea, the
exclusive economic zone or the continental shelf.
Article 61
Conservation of the living resources
1. The coastal State shall determine the allowable catch of the living
resources in its exclusive economic zone.
2. The coastal State, taking into account the best scientific evidence
available to it, shall ensure through proper conservation and management
measures that the maintenance of the living resources in the exclusive
economic zone is not endangered by over-exploitation. As appropriate, the
coastal State and competent international organisations, whether
subregional, regional or global, shall co-operate to this end.
3. Such measures shall also be designed to maintain or restore
populations of harvested species at levels which can produce the maximum
sustainable yield, as qualified by relevant environmental and economic
factors, including the economic needs of coastal fishing communities and
the special requirements of developing States, and taking into account
fishing patterns, the interdependence of stocks and any generally
recommended international minimum standards, whether subregional,
regional or global.
4. In taking such measures the coastal State take into consideration
the effects on species associated with or dependent upon harvested species
with a view to maintaining or restoring population of such associated or
dependent species above levels at which their reproduction may become
seriously threatened.
5. Available scientific information, catch and fishing effort
statistics, and other data relevant to the conservation of fish stocks
shall be contributed and exchanged on a regular basis through competent
international organisations, whether subregional, regional or global,
where appropriate and with participation by all States concerned,
including States whose nationals are allowed to fish in the exclusive
economic zone.
Article 62
Utilisation of the living resources
1. The coastal State shall promote the objective of optimum
utilisation of the living resources in the exclusive economic zone without
prejudice to Article 61.
2. The coastal State shall determine its capacity to harvest the
living resources of the exclusive economic zone. Where the coastal State
does not have the capacity to harvest the entire allowable catch, it
shall, through agreements or other arrangements and pursuant to the terms,
conditions, laws and regulations referred to in paragraph 4, give other
States access to the surplus of the allowable catch, having particular
regard to the provisions of Articles 69 and 70, especially in relation to
the developing States mentioned therein.
3. In giving access to other States to its exclusive economic zone
under this Article, the coastal State shall take into account all relevant
factors, including, inter alia, the significance of the living resources
of the area to the economy of the coastal State concerned and its other
national interests, the provisions of Articles 69 and 70, the requirements
of developing States in the subregion or region in harvesting part of the
surplus and the need to minimise economic dislocation in States whose
nationals have habitually fished in the zone or which have made
substantial efforts in research and identification of stocks.
4. Nationals of other States fishing in the exclusive economic zone
shall comply with the conservation measures and with the other terms and
conditions established in the laws and regulations of the coastal State.
These laws and regulations shall be consistent with this Convention and
may relate, inter alia, to the following:
(a) licensing of fishermen, fishing vessels and equipment,
including payment of fees and other forms of remuneration, which, in the
case of developing coastal States, may consist of adequate compensation in
the field of financing, equipment and technology relating to the fishing
industry;
(b) determining the species which may be caught, and fixing quotas
of catch, whether in relation to particular stocks or groups of stocks or
catch per vessel over a period of time or to the catch by nationals of any
State during a specified period;
(c) regulating seasons and areas of fishing, the types, sizes and
amount of gear, and the types, sizes and number of fishing vessels that
may be used;
(d) fixing the age and size of fish and other species that may be
caught;
(e) specifying information required of fishing vessels, including
catch and effort statistics and vessel position reports;
(f) requiring, under the authorisation and control of the coastal
State, the conduct of specified fisheries research programmes and
regulating the conduct of such research, including the sampling of
catches, disposition of samples and reporting of associated scientific
data;
(g) the placing of observers or trainees on board such vessels by
the coastal State;
(h) the landing of all or any part of the catch by such vessels in
the ports of the coastal State;
(i) terms and conditions relating to joint ventures or other
co-operative arrangements;
(j) requirements for the training of personnel and the transfer of
fisheries technology, including enhancement of the coastal State's
capability of undertaking fisheries research;
(k) enforcement procedures.
5. Coastal States shall give due notice of conservation and management
laws and regulations.
Article 63
Stocks occurring within the exclusive economic zones of two or more
coastal States or both within the exclusive economic zone and in an area
beyond and adjacent to it
1. Where the same stock or stocks of associated species occur within
the exclusive economic zones of two or more coastal States, these States
shall seek, either directly or through appropriate subregional or regional
organisations, to agree upon the measures necessary to co-ordinate and
ensure the conservation and development of such stocks without prejudice
to the other provisions of this Part.
2. Where the same stock or stocks of associated species occur both
within the exclusive economic zone and in an area beyond and adjacent to
the zone, the coastal State and the States fishing for such stocks in the
adjacent area shall seek, either directly or through appropriate
subregional or regional organisations, to agree upon the measures
necessary for the conservation of these stocks in the adjacent area.
Article 64
Highly migratory species
1. The coastal State and other States whose nationals fish in the
region for the highly, migratory species listed in Annex I shall
co-operate directly or through appropriate international organisations
with a view to ensuring conservation and promoting the objective of
optimum utilisation of such species throughout the region, both within and
beyond the exclusive economic zone. In regions for which no appropriate
international organisation exists, the coastal State and other States
whose nationals harvest these species in the region shall co-operate to
establish such an organisation and participate in its work.
2. The provisions of paragraph 1 apply in addition to the other
provisions of this Part.
Article 65
Marine mammals
Nothing in this Part restricts the right of a coastal State or the
competence of an international organisation, as appropriate, to prohibit,
limit or regulate the exploitation of marine mammals more strictly than
provided for in this Part. States shall co-operate with a view to the
conservation of marine mammals and in the case of cetaceans shall in
particular work through the appropriate international organisations for
their conservation, management and study.
Article 66
Anadromous stocks
1. States in whose rivers anadromous stocks originate shall have the
primary interest in and responsibility for such stocks.
2. The State of origin of anadromous stocks shall ensure their
conservation by the establishment of appropriate regulatory measures for
fishing in all waters landward of the outer limits of its exclusive
economic zone and for fishing provided for in paragraph 3(b). The State of
origin may, after consultations with the other States referred to in
paragraphs 3 and 4 fishing these stocks, establish total allowable catches
for stocks originating in its rivers.
3. (a) Fisheries for anadromous stocks shall be conducted only in
waters landward of the outer limits of exclusive economic zones, except in
cases where this provision would result in economic dislocation for a
State other than the State of origin. With respect to such fishing beyond
the outer limits of the exclusive economic zone, States concerned shall
maintain consultations with a view to achieving agreement on terms and
conditions of such fishing giving due regard to the conservation
requirements and the needs of the State of origin in respect of these
stocks.
(b) The State of origin shall co-operate in minimising economic
dislocation in such other States fishing these stocks, taking into account
the normal catch and the mode of operations of such States, and all the
areas in which such fishing has occurred.
(c) States referred to in subparagraph (b), participating by
agreement with the State of origin in measures to renew anadromous stocks,
particularly by expenditures for that purpose, shall be given special
consideration by the State of origin in the harvesting of stocks
originating in its rivers.
(d) Enforcement of regulations regarding anadromous stocks beyond
the exclusive economic zone shall be by agreement between the State of
origin and the other States concerned.
4. In cases where anadromous stocks migrate into or through the waters
landward of the outer limits of the exclusive economic zone of a State
other than the State of origin, such State shall co-operate with the State
of origin with regard to the conservation and management of such stocks.
5. The State of origin of anadromous stocks and other States fishing
these stocks shall make arrangements for the implementation of the
provisions of this Article, where appropriate, through regional
organisations.
Article 67
Catadromous species
1. A coastal State in whose waters catadromous species spend the
greater part of their life cycle shall have responsibility for the
management of these species and shall ensure the ingress and egress of
migrating fish.
2. Harvesting of catadromous species shall be conducted only in waters
landward of the outer limits of exclusive economic zones. When conducted
in exclusive economic zones, harvesting shall be subject to this Article
and the other provisions of this Convention concerning fishing in these
zones.
3. In cases where catadromous fish migrate through the exclusive
economic zone of another State, whether as juvenile or maturing fish, the
management, including harvesting, of such fish shall be regulated by
agreement between the State mentioned in paragraph 1 and the other State
concerned. Such agreement shall ensure the rational management of the
species and take into account the responsibilities of the State mentioned
in paragraph 1 for the maintenance of these species.
Article 68
Sedentary species
This Part does not apply to sedentary species as defined in Article
77, paragraph 4.
Article 69
Right of land-locked States
1. Land-locked States shall have the right to participate, on an
equitable basis, in the exploitation of an appropriate part of the surplus
of the living resources of the exclusive economic zones of coastal States
of the same subregion or region, taking into account the relevant economic
and geographical circumstances of all the States concerned and in
conformity with the provisions of this Article and of Articles 61 and 62.
2. The terms and modalities of such participation shall be established
by the States concerned through bilateral, subregional or regional
agreements taking into account, inter alia:
(a) the need to avoid effects detrimental to fishing communities
or fishing industries of the coastal State;
(b) the extent to which the land-locked State, in accordance with
the provisions of this Article, is participating or is entitled to
participate under existing bilateral, subregional or regional agreements
in the exploitation of living resources of the exclusive economic zones of
other coastal States;
(c) the extent to which other land-locked States and
geographically disadvantaged States are participating in the exploitation
of the living resources of the exclusive economic zone of the coastal
State and the consequent need to avoid a particular burden for any single
coastal State or a part of it;
(d) the nutritional needs of the populations of the respective
States.
3. When the harvesting capacity of a coastal State approaches a point
which would enable it to harvest the entire allowable catch of the living
resources in its exclusive economic zone, the coastal State and other
States concerned shall co-operate in the establishment of equitable
arrangements on a bilateral, subregional or regional basis to allow for
participation of developing land-locked States of the same subregion or
region in the exploitation of the living resources of the exclusive
economic zones of coastal States of the subregion or region, as may be
appropriate in the circumstances and on terms satisfactory to all parties.
In the implementation of this provision the factors mentioned in paragraph
2 shall also be taken into account.
4. Developed land-locked States shall, under the provisions of this
Article, be entitled to participate in the exploitation of living
resources only in the exclusive economic zones of developed coastal States
of the same subregion or region having regard to the extent to which the
coastal State, in giving access to other States to the living resources of
its exclusive economic zone, has taken into account the need to minimise
detrimental effects on fishing communities and economic dislocation in
States whose nationals have habitually fished in the zone.
5. The above provisions are without prejudice to arrangements agreed
upon in subregions or regions where the coastal States may grant to
land-locked States of the same subregion or region equal or preferential
rights for the exploitation of the living resources in the exclusive
economic zones.
Article 70
Right of geographically disadvantaged States
1. Geographically disadvantaged States shall have the right to
participate, on an equitable basis, in the exploitation of an appropriate
part of the surplus of the living resources of the exclusive economic
zones of coastal States of the same subregion or region, taking into
account the relevant economic and geographical circumstances of all the
States concerned and in conformity with the provisions of this Article and
of Articles 61 and 62.
2. For the purposes of this Part, `geographically disadvantaged
States' means coastal States, including States bordering enclosed or
semi-enclosed seas, whose geographical situation makes them dependent upon
the exploitation of the living resources of the exclusive economic zones
of other States in the subregion or region for adequate supplies of fish
for the nutritional purposes of their populations or parts thereof, and
coastal States which can claim no exclusive economic zones of their own.
3. The terms and modalities of such participation shall be established
by the States concerned through bilateral, subregional or regional
agreements taking into account, inter alia:
(a) the need to avoid effects detrimental to fishing communities
or fishing industries of the coastal State;
(b) the extent to which the geographically disadvantaged State, in
accordance with the provisions of this Article, is participating or is
entitled to participate under existing bilateral, subregional or regional
agreements in the exploitation of living resources of the exclusive
economic zones of other coastal States;
(c) the extent to which other geographically disadvantaged States
and land-locked States are participating in the exploitation of the living
resources of the exclusive economic zone of the coastal State and the
consequent need to avoid a particular burden for any single coastal State
or a part of it;
(d) the nutritional needs of the populations of the respective
States.
4. When the harvesting capacity of a coastal State approaches a point
which would enable it to harvest the entire allowable catch of the living
resources in its exclusive economic zone, the coastal State and other
States concerned shall co-operate in the establishment of equitable
arrangements on a bilateral, subregional or regional basis to allow for
participation of developing geographically disadvantaged States of the
same subregion or region in the exploitation of the living resources of
the exclusive economic zones of coastal States of the subregion or region,
as may be appropriate in the circumstances and on terms satisfactory to
all parties. In the implementation of this provisions the factors
mentioned in paragraph 3 shall also be taken into account.
5. Developed geographically disadvantaged States shall, under the
provisions of this Article, be entitled to participate in the
exploitation of living resources only in the exclusive economic zones of
developed coastal States of the same subregion or region having regard to
the extent to which the coastal State, in giving access to other States to
the living resources of its exclusive economic zone, has taken into
account the need to minimise detrimental effects on fishing communities
and economic dislocation in States whose nationals have habitually fished
in the zone.
6. The above provisions are without prejudice to arrangements agreed
upon in subregions or regions where the coastal States may grant to
geographically disadvantaged States of the same subregion or region equal
or preferential rights for the exploitation of the living resources in the
exclusive economic zones.
Article 71
Non-applicability of Articles 69 and 70
The provisions of Articles 60 and 70 do not apply in the case of a
coastal State whose economy is overwhelmingly dependent on the
exploitation of the living resources of its exclusive economic zone.
Article 72
Restrictions on transfer of rights
1. Rights provided under Articles 69 and 70 to exploit living
resources shall not be directly or indirectly transferred to third States
or their nationals by lease or licence, by establishing joint ventures or
in any other manner which has the effect of such transfer unless otherwise
agreed by the States concerned.
2. The foregoing provision does not preclude the States concerned from
obtaining technical or financial assistance from third States or
international organisations in order to facilitate the exercise of the
rights pursuant to Articles 69 and 70, provided that it does not have the
effect referred to in paragraph 1.
Article 73
Enforcement of laws and regulations of the coastal State
1. The coastal State may, in the exercise of its sovereign rights to
explore, exploit, conserve and manage the living resources in the
exclusive economic zone, take such measures, including boarding,
inspection, arrest and judicial proceedings, as may be necessary to ensure
compliance with the laws and regulations adopted by it in conformity with
this Convention.
2. Arrested vessels and their crews shall be promptly released upon
the posting of reasonable bond or other security.
3. Coastal State penalties for violations of fisheries laws and
regulations in the exclusive economic zone may not include imprisonment,
in the absence of agreements to the contrary by the States concerned, or
any other form of corporal punishment.
4. In cases of arrest or detention of foreign vessels the coastal
State shall promptly notify the flag State, through appropriate channels,
of the action taken and of any penalties subsequently imposed.
Article 74
Delimitation of the exclusive economic zone between States with
opposite or adjacent coasts
1. The delimitation of the exclusive economic zone between States with
opposite or adjacent coasts shall be effected by agreement on the basis of
international law, as referred to in Article 38 of the Statute of the
International Court of Justice, in order to achieve an equitable solution.
2. If no agreement can be reached within a reasonable period of time,
the States concerned shall resort to the procedures provided for in Part
XV.
3. Pending agreement as provided for in paragraph 1, the States
concerned, in a spirit of understanding and co-operation, shall make every
effort to enter into provisional arrangements of a practical nature and,
during this transitional period, not to jeopardise or hamper the reaching
of the final agreement. Such arrangements shall be without prejudice to
the final delimitation.
4. Where there is an agreement in force between the States concerned,
questions relating to the delimitation of the exclusive economic zone
shall be determined in accordance with the provisions of that agreement.
Article 75
Charts and lists of geographical co-ordinates
1. Subject to this Part, the outer limit lines of the exclusive
economic zone and the lines of delimitation drawn in accordance with
Article 74 shall be shown on charts of a scale or scales adequate for
ascertaining their position. Where appropriate, lists of geographical
co-ordinates of points, specifying the geodetic datum, may be substituted
for such outer limit lines or lines of delimitation.
2. The coastal State shall give due publicity to such charts or lists
of geographical co-ordinates and shall deposit a copy of each such chart
or list with the Secretary-General of the United Nations.
PART VI CONTINENTAL SHELF
Article 76
Definition of the continental shelf
1. The continental shelf of a coastal State comprises the sea-bed and
subsoil of the submarine areas that extend beyond its territorial sea
throughout the natural prolongation of its land territory to the outer
edge of the continental margin, or to a distance of 200 nautical miles
from the baselines from which the breadth of the territorial sea is
measured where the outer edge of the continental margin does not extend up
to that distance.
2. The continental shelf of a coastal State shall not extend beyond
the limits provided for in paragraphs 4 to 6.
3. The continental margin comprises the submerged prolongation of the
land mass of the coastal State, and consists of the sea-bed and subsoil of
the shelf, the slope and the rise. It does not include the deep ocean
floor with its oceanic ridges or the subsoil thereof.
4. (a) For the purposes of this Convention, the coastal State shall
establish the outer edge of the continental margin wherever the margin
extends beyond 200 nautical miles from the baselines from which the
breadth of the territorial sea is measured, by either:
(i) a line delineated in accordance with paragraph 7 by
reference to the outermost fixed points at each of which the thickness of
sedimentary rocks is at least 1 per cent of the shortest distance from
such point to the foot of the continental slope; or
(ii) a line delineated in accordance with paragraph 7 by
reference to fixed points not more than 60 nautical miles from the foot of
the continental slope.
(b) In the absence of evidence to the contrary, the foot of the
continental slope shall be determined as the point of maximum change in
the gradient at its base.
5. The fixed points comprising the line of the outer limits of the
continental shelf on the sea-bed, drawn in accordance with paragraph
4(a)(i) and (ii), either shall not exceed 350 nautical miles from the
baselines from which the breadth of the territorial sea is measured or
shall not exceed 100 nautical miles from the 2,500 metre isobath, which is
a line connecting the depth of 2,500 metres.
6. Notwithstanding the provisions of paragraph 5, on submarine ridges,
the outer limit of the continental shelf shall not exceed 350 nautical
miles from the baselines from which the breadth of the territorial sea is
measured. This paragraph does not apply to submarine elevations that are
natural components of the continental margin, such as its plateaux, rises,
caps, banks and spurs.
7. The coastal State shall delineate the outer limits of its
continental shelf, where that shelf extends beyond 200 nautical miles from
the baselines from which the breadth of the territorial sea is measured,
by straight lines not exceeding 60 nautical miles in length, connecting
fixed points, defined by co-ordinates of latitude and longitude.
8. Information on the limits of the continental shelf beyond 200
nautical miles from the baselines from which the breadth of the
territorial sea is measured shall be submitted by the coastal State to the
Commission on the limits of the Continental Shelf set up under Annex II on
the basis of equitable geographical representation. The Commission shall
make recommendations to coastal States on matters related to the
establishment of the outer limits of their continental shelf. The limits
of the shelf established by a coastal State on the basis of these
recommendations shall be final and binding.
9. The coastal State shall deposit with the Secretary-General of the
United Nations charts and relevant information, including geodetic data,
permanently describing the outer limits of its continental shelf. The
Secretary-General shall give due publicity thereto.
10. The provisions of this Article are without prejudice to the
question of delimitation of the continental shelf between States with
opposite or adjacent coasts.
Article 77
Rights of the coastal State over the continental shelf
1. The coastal State exercises over the continental shelf sovereign
rights for the purpose of exploring it and exploiting its natural
resources.
2. The rights referred to in paragraph 1 are exclusive in the sense
that if the coastal State does not explore the continental shelf or
exploit its natural resources, no one may undertake these activities
without the express consent of the coastal State.
3. The rights of the coastal State over the continental shelf do not
depend on occupation, effective or notional, or on any express
proclamation.
4. The natural resources referred to in this Part consist of the
mineral and other non-living resources of the sea-bed and subsoil together
with living organisms belonging to sedentary species, that is to say,
organisms which, at the harvestable stage, either are immobile on or under
the sea-bed or are unable to move except in constant physical contact with
the sea-bed or the subsoil.
Article 78
Legal status of the superjacent waters and air space and the rights
and freedoms of other States
1. The rights of the coastal State over the continental shelf do not
affect the legal status of the superjacent waters or of the air space
above those waters.
2. The exercise of the rights of the coastal State over the
continental shelf must not infringe or result in any unjustifiable
interference with navigation and other rights and freedoms of other States
as provided for in this Convention.
Article 79
Submarine cables and pipelines on the continental shelf
1. All States are entitled to lay submarine cables and pipelines on
the continental shelf, in accordance with the provisions of this Article.
2. Subject to its right to take reasonable measures for the
exploration of the continental shelf, the exploitation of its natural
resources and the prevention, reduction and control of pollution from
pipelines, the coastal State may not impede the laying or maintenance of
such cables or pipelines.
3. The delineation of the course for the laying of such pipelines on
the continental shelf is subject to the consent of the coastal State.
4. Nothing in this Part affects the right of the coastal State to
establish conditions for cables or pipelines entering its territory or
territorial sea, or its jurisdiction over cables and pipelines constructed
or used in connection with the exploration of its continental shelf or
exploitation of its resources or the operations of artificial islands,
installations and structures under its jurisdiction.
5. When laying submarine cables or pipelines, States shall have due
regard to cables or pipelines already in position. In particular,
possibilities of repairing existing cables or pipelines shall not be
prejudiced.
Article 80
Artificial islands, installations and structures on the continental
shelf
Article 60 applies mutatis mutandis to artificial islands,
installations and structures on the continental shelf.
Article 81
Drilling on the continental shelf
The coastal State shall have the exclusive right to authorise and
regulate drilling on the continental shelf for all purposes.
Article 82
Payments and contributions with respect to the exploitation of the
continental shelf beyond 200 nautical miles
1. The coastal State shall make payments or contributions in kind in
respect of the exploitation of the non-living resources of the continental
shelf beyond 200 nautical miles from the baselines from which the breadth
of the territorial sea is measured.
2. The payments and contributions shall be made annually with respect
to all production at a site after the first five years of production at
that site. For the sixth year, the rate of payment or contribution shall
be 1 per cent of the value of volume of production at the site. The rate
shall increase by 1 per cent for each subsequent year until the twelfth
year and shall remain at 7 per cent thereafter. Production does not
include resources used in connection with exploitation.
3. A developing State which is a net importer of a mineral resource
produced from its continental shelf is exempt from making such payments or
contributions in respect of that mineral resource.
4. The payments or contributions shall be made through the Authority,
which shall distribute them to States Parties to this Convention, on the
basis of equitable sharing criteria, taking into account the interests
and needs of developing States, particularly the least developed and the
land-locked among them.
Article 83
Delimitation of the continental shelf between States with opposite or
adjacent coasts
1. The delimitation of the continental shelf between States with
opposite or adjacent coasts shall be effected by agreement on the basis of
international law, as referred to in Article 38 of the Statute of the
International Court of Justice, in order to achieve an equitable solution.
2. If no agreement can be reached within a reasonable period of time,
the States concerned shall resort to the procedures provided for in Part
XV.
3. Pending agreement as provided for in paragraph 1, the States
concerned, in a spirit of understanding and co-operation, shall make every
effort to enter into provisional arrangements of a practical nature and,
during this transitional period, not to jeopardise or hamper the reaching
of the final agreement. Such arrangements shall be without prejudice to
the final delimitation.
4. Where there is an agreement in force between the States concerned,
questions relating to the delimitation of the continental shelf shall be
determined in accordance with the provisions of that agreement.
Article 84
Charts and lists of geographical co-ordinates
1. Subject to this Part, the outer limit lines of the continental
shelf and the lines of delimitation drawn in accordance with Article 83
shall be shown on charts of a scale or scales adequate for ascertaining
their position. Where appropriate, lists of geographical co-ordinates of
points, specifying the geodetic datum, may be substituted for such outer
limit lines or lines of delimitation.
2. The coastal State shall give due publicity to such charts or lists
of geographical co-ordinates and shall deposit a copy of each such chart
or list with the Secretary-General of the United Nations and, in the case
of those showing the outer limit lines of the continental shelf, with the
Secretary-General of the Authority.
Article 85
Tunnelling
This Part does not prejudice the right of the coastal State to exploit
the subsoil by means of tunnelling, irrespective of the depth of water
above the subsoil.
PART VII HIGH SEAS
SECTION I. GENERAL PROVISIONS
Article 86
Application of the provisions of this Part
The provisions of this Part apply to all parts of the sea that are not
included in the exclusive economic zone, in the territorial sea or in the
internal waters of a State, or in the archipelagic waters of an
archipelagic State. This Article does not entail any abridgement of the
freedoms enjoyed by all States in the exclusive economic zone in
accordance with Article 58.
Article 87
Freedom of the high seas
1. The high seas are open to all States, whether coastal or
land-locked. Freedom of the high seas is exercised under the conditions
laid down by this Convention and by other rules of international law. It
comprises, inter alia, both for coastal and land-locked States:
(a) freedom of navigation;
(b) freedom of overflight;
(c) freedom to lay submarine cables and pipelines, subject to Part
VI;
(d) freedom to construct artificial islands and other
installations permitted under international law, subject to Part VI;
(e) freedom of fishing, subject to the conditions laid down in
section 2;
(f) freedom of scientific research, subject to Parts VI and XIII.
2. These freedoms shall be exercised by all States with due regard to
the interests of other States in their exercise of the freedom of the high
seas, and also with due regard for the rights under this Convention with
respect to activities in the Area.
Article 88
Reservation of the high seas for peaceful purposes
The high seas shall be reserved for peaceful purposes.
Article 89
Invalidity of claims of sovereignty over the high seas
No State may validly purport to subject any part of the high seas to
its sovereignty.
Article 90
Right of navigation
Every State, whether coastal or land-locked, has the right to sail
ships flying its flag on the high seas.
Article 91
Nationality of ships
1. Every State shall fix the conditions for the grant of its
nationality to ships, for the registration of ships in its territory, and
for the right to fly its flag. Ships have the nationality of the State
whose flag they are entitled to fly. There must exist a genuine link
between the State and the ship.
2. Every State shall issue to ships to which it has granted the right
to fly its flag documents to that effect.
Article 92
Status of ships
1. Ships shall sail under the flag of one State only and, save in
exceptional cases expressly provided for in international treaties or in
this Convention, shall be subject to its exclusive jurisdiction on the
high seas. A ship may not change its flag during a voyage or while in a
port of call, save in the case of a real transfer of ownership or change
of registry.
2. A ship which sails under the flags of two or more States, using
them according to convenience, may not claim any of the nationalities in
question with respect to any other State, and may be assimilated to a
ship without nationality.
Article 93
Ships flying the flag of the United Nations, its specialised agencies
and the International Atomic Energy Agency
The preceding Articles do not prejudice the question of ships employed
on the official service of the United Nations, its specialised agencies or
the International Atomic Energy Agency, flying the flag of the
organisation.
Article 94
Duties of the flag State
1. Every State shall effectively exercise its jurisdiction and control
in administrative, technical and social matters over ships flying its
flag.
2. In particular every State shall:
(a) maintain a register of ships containing the names and
particulars of ships flying its flag, except those which are excluded from
generally accepted international regulations on account of their small
size; and
(b) assume jurisdiction under its internal law over each ship
flying its flag and its master, officers and crew in respect of
administrative, technical and social matters concerning the ship.
3. Every State shall take such measures for ships flying its flag as
are necessary to ensure safety at sea with regard, inter alia, to:
(a) the construction, equipment and seaworthiness of ships;
(b) the manning of ships, labour conditions and the training of
crews, taking into account the applicable international instruments;
(c) the use of signals, the maintenance of communications and the
prevention of collisions.
4. Such measures shall include those necessary to ensure:
(a) that each ship, before registration and thereafter at
appropriate intervals, is surveyed by a qualified surveyor of ships, and
has on board such charts, nautical publications and navigational equipment
and instruments as are appropriate for the safe navigation of the ship;
(b) that each ship is in the charge of a master and officers who
possess appropriate qualifications, in particular in seamanship,
navigation, communications and marine engineering, and that the crew is
appropriate in qualification and numbers for the type, size, machinery
and equipment of the ship;
(c) that the master, officers and, to the extent appropriate, the
crew are fully conversant with and required to observe the applicable
international regulations concerning the safety of life at sea, the
prevention of collisions, the prevention, reduction and control of marine
pollution, and the maintenance of communications by radio.
5. In taking the measures called for in paragraphs 3 and 4 each State
is required to conform to generally accepted international regulations,
procedures and practices and to take any steps which may be necessary to
secure their observance.
6. A State which has clear grounds to believe that proper jurisdiction
and control with respect to a ship have not been exercised may report the
facts to the flag State. Upon receiving such a report, the flag State
shall investigate the matter and, if appropriate, take any action
necessary to remedy the situation.
7. Each State shall cause an inquiry to be held by or before a
suitably qualified person or persons into every marine casualty or
incident of navigation on the high seas involving a ship flying its flag
and causing loss of life or serious injury to nationals of another State
or serious damage to ships or installations of another State or to the
marine environment. The flag State and the other State shall co-operate in
the conduct of any inquiry held by that other State into any such marine
casualty or incident of navigation.
Article 95
Immunity of warships on the high seas
Warships on the high seas have complete immunity from the jurisdiction
of any State other than the flag State.
Article 96
Immunity of ships used only on government non-commercial service
Ships owned or operated by a State and used only on government
non-commercial service shall, on the high seas, have complete immunity
from the jurisdiction of any State other than the flag State.
Article 97
Penal jurisdiction in matters of collision or any other incident of
navigation
1. In the event of a collision or any other incident of navigation
concerning a ship on the high seas, involving the penal or disciplinary
responsibility of the master or of any other person in the service of the
ship, no penal or disciplinary proceedings may be instituted against such
person except before the judicial or administrative authorities either of
the flag State or of the State of which such person is a national.
2. In disciplinary matters, the State which has issued a master's
certificate or a certificate of competence or licence shall alone be
competent, after due legal process, to pronounce the withdrawal of such
certificates, even if the holder is not a national of the State which
issued them.
3. No arrest or detention of the ship, even as a measure of
investigation, shall be ordered by any authorities other than those of the
flag State.
Article 98
Duty to render assistance
1. Every State shall require the master of a ship flying its flag, in
so far as he can do so without serious danger to the ship, the crew or the
passengers:
(a) to render assistance to any person found at sea in danger of
being lost;
(b) to proceed with all possible speed to the rescue of persons in
distress, if informed of their need of assistance, in so far as such
action may reasonably be expected of him;
(c) after a collision, to render assistance to the other ship, its
crew and its passengers and, where possible, to inform the other ship of
the name of his own ship, its port of registry and the nearest port at
which it will call.
2. Every coastal State shall promote the establishment, operation and
maintenance of an adequate and effective search and rescue service
regarding safety on and over the sea and, where circumstances so require,
by way of mutual regional arrangements co-operate with neighbouring States
for this purpose.
Article 99
Prohibition of the transport of slaves
Every State shall take effective measures to prevent and punish the
transport of slaves in ships authorised to fly its flag and to prevent the
unlawful use of its flag for that purpose. Any slave taking refuge on
board any ship, whatever its flag, shall ipso facto be free.
Article 100
Duty to co-operate in the repression of piracy
All States shall co-operate to the fullest possible extent in the
repression of piracy on the high seas or in any other place outside the
jurisdiction of any State.
Article 101
Definition of piracy
Piracy consists of any of the following acts:
(a) any illegal acts of violence or detention, or any act of
depredation, committed for private ends by the crew or the passengers of a
private ship or a private aircraft, and directed:
(i) on the high seas, against another ship or aircraft, or
against persons or property on board such ship or aircraft;
(ii) against a ship, aircraft, persons or property in a place
outside the jurisdiction of any State;
(b) any act of voluntary participation in the operation of a ship
or of an aircraft with knowledge of facts making it a pirate ship or
aircraft;
(c) any act of inciting or of intentionally facilitating an act
described in subparagraph (a) or (b).
Article 102
Piracy of a warship, government ship or government aircraft whose crew
has mutinied
The acts of piracy, as defined in Article 101, committed by a warship,
government ship or government aircraft whose crew has mutinied and taken
control of the ship or aircraft are assimilated to acts committed by a
private ship or aircraft.
Article 103
Definition of a pirate ship or aircraft
A ship or aircraft is considered a pirate ship or aircraft if it is
intended by the persons in dominant control to be used for the purpose of
committing one of the acts referred to in Article 101. The same applies if
the ship or aircraft has been used to commit any such act, so long as it
remains under the control of the persons guilty of that act.
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