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Legislative Requirements
Law of the Sea - II
International Straits
Legal status of waters forming straits used for
international navigation
1. The passage through straits used for
international navigation 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.
Right of transit passage
1. In straits, all ships 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 of the
freedom of navigation 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.
Transit Passage
Transit passage means the travel through 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.
Duties of ships during transit passage
1. Ships, 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;
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.
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 for any 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 organization with
a view to their adoption. The organization 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
organization.
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.
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,
(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 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.
Straits
used for Innocent passage
1. The regime of innocent passage, shall apply
in straits used for international navigation:
(a) excluded from the application of the regime
of transit passage; 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.
Archipelago
and archipelagic states
Definitions
‘
‘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.
Right of innocent passage
1. ships of all States enjoy the right of
innocent passage through archipelagic waters.
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.
Right of archipelagic sea lanes passage
1. An archipelagic State may designate
sea-lanes, suitable for the continuous and expeditious passage of foreign ships
through or over its archipelagic waters and the adjacent territorial sea.
2. All ships enjoy the right of archipelagic
sea-lanes passage in such sea-lanes.
3. Archipelagic sea-lanes passage means the
exercise in accordance with this Convention of the rights of navigation 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 shall traverse the
archipelagic waters and the adjacent territorial sea and shall include all
normal passage routes used as routes for international navigation 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 shall be defined by a series
of continuous axis lines from the entry points of passage routes to the exit
points. Ships 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 shall not navigate closer to the coasts than l0 per cent of the
distance between the nearest points on islands bordering the sea lane.
6. An archipelagic State which designates sea
lanes 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 organization with a view to
their adoption. The organization 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.
12. If an archipelagic State does not designate
sea-lanes, the right of archipelagic sea lanes passage may be exercised through
the routes normally used for international navigation.
For ships
in transit through archipelagic passage the duties are as for when in transit
through international straits referred to in Transit passage.
Similarly
the laws and regulations of states bordering straits relating to transit
passage are to be read when transiting through archipelagic straits.
Exclusive
Economic Zones
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.
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.
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.
3. The continental margin comprises the submerged
prolongation of the landmass of the coastal State, and consists of the
seabed 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.
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 authorize and regulate
the construction, operation and use of:
(a) artificial islands; (b) installations and
structures
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 organization. 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 an, 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 an authorized by generally
accepted international standards or a recommended by the competent
international organization. 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 zone round them may not be established where
interference may be caused to the use of recognized 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.