Convention on the Territorial Sea & the Contiguous Zone

 

Article 11

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 12

1. 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 provisions of this paragraph shall 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 with this provision.

2. The line of delimitation between the territorial seas of two States
lying opposite to each other or adjacent to each other shall be marked on
large-scale charts officially recognized by the coastal States.

Article 13

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-tide line of
its banks.

SECTION III. RIGHT OF INNOCENT PASSAGE

SUB-SECTION A. RULES APPLICABLE TO ALL SHIPS

Article 14

1. Subject to the provisions of these articles, ships of all States,
whether coastal or not, shall enjoy the right of innocent passage through
the territorial sea.

2. Passage means navigation through the territorial sea for the purpose
either of traversing that sea without entering internal waters, or of
proceeding to internal waters, or of making for the High Seas from internal
waters.

3. 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 by distress.

4. 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 these articles and with other rules of international law.

5. Passage of foreign fishing vessels shall not be considered innocent if
they do not observe such laws and regulations as the coastal State may make
and publish in order to prevent these vessels from fishing in the
territorial sea.

6. Submarines are required to navigate on the surface and to show their
flag.

Article 15

1. The coastal State must not hamper innocent passage through the
territorial sea.

2. The coastal State is required to give appropriate publicity to any
dangers to navigation, of which it has knowledge, within its territorial
sea.

Article 16

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, the coastal State
shall also have the right to take the necessary steps to prevent any breach
of the conditions to which admission of those ships to those waters is
subject.

3. Subject to the provisions of paragraph 4, the coastal State may, without
discrimination amongst 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. Such suspension
shall take effect only after having been duly published.

4. There shall be no suspension of the innocent passage of foreign ships
through straits which are used for international navigation between one
part of the High Seas and another part of the high seas or the territorial
sea of a foreign State.

Article 17

Foreign ships exercising the right of innocent passage shall comply with
the laws and regulations enacted by the coastal State in conformity with
these articles and other rules of international law and, in particular,
with such laws and regulations relating to transport and navigation.

SUB-SECTION B. RULES APPLICABLE TO MERCHANT SHIPS

Article 18

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.

Article 19

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 connexion 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; or
(b) If the crime is of a kind to disturb the peace of the country or the
good order of the territorial sea; or
(c) If the assistance of the local authorities has been requested by the
captain of the ship or by the consul of the country whose flag the
ship flies; or
(d) If it is necessary for the suppression of illicit traffic in narcotic
drugs.

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 of this article, the
coastal State shall, if the captain so requests, advise the consular
authority of the flag State before taking any steps, and shall facilitate
contact between such authority 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 how an arrest should be made, the local
authorities shall pay due regard to the interests of navigation.

5. 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 connexion 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.

 

Author: international

Mentioned in these Entries

Convention on the Territorial Sea & the Contiguous Zone, High Seas, country.