Territorial Sea and Contiguous Zone

 

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 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.

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 by
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 this 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 GOVERNMENT SHIPS
OPERATED FOR COMMERCIAL PURPOSES

Article 27
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.

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 GOVERNMENT SHIPS
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 riot extend beyond 24 nautical miles from the
baselines from which the breadth of the territorial sea is measured.

Author: international

Mentioned in these Entries

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