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Legislative Requirements
Law of the Sea - I
Conventions on the Law of the Sea
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 the peoples of the world,
Noting that developments since the United
Nations Conferences on the Law of the Sea held at
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 utilization
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 realization 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 17 December 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 to the convention.
Definitions:
‘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;
‘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;
Force
Majeure literally means “greater force”. These clauses excuse a party
from liability if some unforseen event beyond the control of that party
prevents it from performing its obligations under the contract. Typically, force majeure clauses cover natural
disasters or other “Acts of God”, war, or the failure of third parties—such as
suppliers and subcontractors—to perform their obligations to the contracting
party. It is important to remember that force
majeure clauses are intended to excuse a party only if the failure to
perform could not be avoided by the exercise of due care by that party.
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.
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.
Internal
waters
1. Except as provided in Part IV of UNCLOS,
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.
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.
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.
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.
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.
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 or 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 disign, 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.
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 the 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 recommendations of the competent
international organization;
(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.
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
by international agreements.
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.
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.
Criminal
jurisdiction on board a foreign ship
1. The criminal jurisdiction of the 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 authorized 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.
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.
CONTIGUOUS ZONE
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.