United Nations Convention on the Law of the Sea

CONTENTS

Page

PREAMBLE .................................................... 21

PART I. INTRODUCTION ....................................... 22

Article 1. Use of terms and scope ...................... 22

PART II. TERRITORIAL SEA AND CONTIGUOUS ZONE ........ 23

SECTION 1. GENERAL PROVISIONS ............................ 23

Article 2. Legal status of the territorial

sea, of the air space over the

territorial sea and of its bed

and subsoil................................ 23

SECTION 2. LIMITS OF THE TERRITORIAL SEA.................. 23

Article 3. Breadth of the territorial sea .................. 23

Article 4. Outer limit of the territorial sea ................ 23

Article 5. Normal baseline ............................ 23

Article 6. Reefs .................................... 23

Article 7. Straight baselines ........................... 24

Article 8. Internal waters ............................. 24

Article 9. Mouths of rivers............................ 24

Article 10. Bays ........ 24

Article 11. Ports..................................... 25

Article 12. Roadsteads................................ 25

Article 13. Low-tide elevations ......................... 25

Article 14. Combination of methods for

determining baselines ....................... 26

Article 15. Delimitation of the

territorial sea between

States with opposite or

adjacent coasts ............................. 26

Article 16. Charts and lists of geographical coordinates ...... 26

SECTION 3. INNOCENT PASSAGE IN THE TERRITORIAL SEA ..... 26

SUBSECTION A. RULES APPLICABLE TO ALL SHIPS ......... 26

Article 17. Right of innocent passage .................... 26

Article 18. Meaning of passage ......................... 26

Article 19. Meaning of innocent passage.................. 27

Article 20. Submarines and other underwater vehicles ....... 27

Article 21. Laws and regulations of the

coastal State relating to

innocent passage ........................... 27

Article 22. Sea lanes and traffic

separation schemes in the

territorial sea .............................. 28

Article 23. Foreign nuclear-powered

ships and ships carrying

nuclear or other inherently

dangerous or noxious

substances ................................ 29

Article 24. Duties of the coastal State .................... 29

Article 25. Rights of protection of the coastal State ......... 29

Article 26. Charges which may be levied upon foreign ships . . 29

SUBSECTION B. RULES APPLICABLE TO

MERCHANT SHIPS AND

GOVERNMENT SHIPS

OPERATED FOR

COMMERCIAL PURPOSES ................. 30

Article 27. Criminal jurisdiction on board a foreign ship ..... 30

Article 28. Civil jurisdiction in relation to foreign ships ...... 30

SUBSECTION C. RULES APPLICABLE TO

WARSHIPS AND OTHER

GOVERNMENT SHIPS

OPERATED FOR

NON-COMMERCIAL

PURPOSES ............................... 31

Article 29. Definition of warships ....................... 31

Article 30. Non-compliance by warships with the laws and

regulations of the coastal State ................ 31

Article 31. Responsibility of the flag

State for damage caused by

a warship or other

government ship operated

for non-commercial

purposes.................................. 31

Article 32. Immunities of warships and

other government ships

operated for

non-commercial purposes .................... 31

SECTION 4. CONTIGUOUS ZONE ............................... 31

Article 33. Contiguous zone ........................... 31

PART III. STRAITS USED FOR INTERNATIONAL

NAVIGATION ......................................... 32

SECTION 1. GENERAL PROVISIONS ............................ 32

Article 34. Legal status of waters

forming straits used for

international navigation ...................... 32

Article 35. Scope of this Part........................... 32

Article 36. High seas routes or routes

through exclusive economic

zones through straits used

for international navigation ................... 32

SECTION 2. TRANSIT PASSAGE................................ 33

Article 37. Scope of this section ........................ 33

Article 38. Right of transit passage ...................... 33

Article 39. Duties of ships and aircraft during transit passage . . 33

Article 40. Research and survey activities ................. 34

Article 41. Sea lanes and traffic

separation schemes in straits

used for international

navigation ................................ 34

Article 42. Laws and regulations of

States bordering straits

relating to transit passage..................... 35

Article 43. Navigational and safety aids

and other improvements and

the prevention, reduction

and control of pollution ...................... 35

Article 44. Duties of States bordering straits ............... 35

SECTION 3. INNOCENT PASSAGE .............................. 36

Article 45. Innocent passage ........................... 36

PART IV. ARCHIPELAGIC STATES ........................... 36

Article 46. Use of terms............................... 36

Article 47. Archipelagic baselines ....................... 36

Article 48. Measurement of the breadth

of the territorial sea, the

contiguous zone, the

exclusive economic zone

and the continental shelf ..................... 37

Article 49. Legal status of archipelagic

waters, of the air space over

archipelagic waters and of

their bed and subsoil ........................ 37

Article 50. Delimitation of internal waters ................ 37

Article 51. Existing agreements,

traditional fishing rights and

existing submarine cables .................... 38

Article 52. Right of innocent passage .................... 38

Article 53. Right of archipelagic sea lanes passage .......... 38

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................................... 39

PART V. EXCLUSIVE ECONOMIC ZONE ..................... 40

Article 55. Specific legal regime of the

exclusive economic zone ..................... 40

Article 56. Rights, jurisdiction and

duties of the coastal State in

the exclusive economic

zone ..................................... 40

Article 57. Breadth of the exclusive economic zone ......... 40

Article 58. Rights and duties of other

States in the exclusive

economic zone ............................. 40

Article 59. Basis for the resolution of

conflicts regarding the

attribution of rights and

jurisdiction in the exclusive

economic zone ............................. 41

Article 60. Artificial islands,

installations and structures

in the exclusive economic

zone ..................................... 41

Article 61. Conservation of the living resources ............ 42

Article 62. Utilization of the living resources .............. 43

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 .............................. 44

Article 64. Highly migratory species ..................... 44

Article 65. Marine mammals ........................... 44

Article 66. Anadromous stocks ......................... 45

Article 67. Catadromous species ........................ 45

Article 68. Sedentary species........................... 46

Article 69. Right of land-locked States ................... 46

Article 70. Right of geographically

disadvantaged States ........................ 47

Article 71. Non-applicability of articles 69 and 70 .......... 48

Article 72. Restrictions on transfer of rights ............... 48

Article 73. Enforcement of laws and

regulations of the coastal

State ..................................... 48

Article 74. Delimitation of the

exclusive economic zone

between States with

opposite or adjacent coasts ................... 49

Article 75. C h a r t s a n d l i s t s o f

geographical coordinates ..................... 49

PART VI. CONTINENTAL SHELF ............................. 49

Article 76. Definition of the continental shelf .............. 49

Article 77. Rights of the coastal State over the continental shelf. 51

Article 78. Legal status of th e

superjacent waters and air

space and the rights and

freedoms of other States...................... 51

Article 79. Submarine cables and

pipelines on the continental

shelf ..................................... 51

Article 80. Artificial islands,

installations and structures

on the continental shelf ...................... 52

Article 81. Drilling on the continental shelf ............... 52

Article 82. Payments and contributions

with respect to the

exploitation of the

continental shelf beyond

200 nautical miles .......................... 52

Article 83. Delimitation of the

continental shelf between

States with opposite or

adjacent coasts ............................. 52

Article 84. Charts and lists of geographical coordinates ...... 53

Article 85. Tunnelling ................................ 53

PART VII.HIGH SEAS ........................................... 53

SECTION 1. GENERAL PROVISIONS ....................... 53

Article 86. Application of the provisions of this Part ........ 53

Article 87. Freedom of the high seas ..................... 53

Article 88. Reservation of the high seas

for peaceful

purposes.................................. 54

Article 89. Invalidity of claims of

sovereignty over the high

seas ..................................... 54

Article 90. Right of navigation ......................... 54

Article 91. Nationality of ships ......................... 54

Article 92. Status of ships ............................. 54

Article 93. Ships flying the flag of the

United Nations, its

specialized agencies and the

International Atomic

Energy Agency............................. 55

Article 94. Duties of the flag State....................... 55

Article 95. Immunity of warships on the high seas .......... 56

Article 96. Immunity of ships used only

on government

non-commercial service ...................... 56

Article 97. Penal jurisdiction in matters

of collision or any other

incident of navigation ....................... 56

Article 98. Duty to render assistance ..................... 56

Article 99. Prohibition of the transport of slaves............ 57

Article 100. Duty to cooperate in the repression of piracy ..... 57

Article 101. Definition of piracy ......................... 57

Article 102. Piracy by a warship,

government ship or

government aircraft whose

crew has mutinied .......................... 58

Article 103. Definition of a pirate ship or

aircraft ................................... 58

Article 104. Retention or loss of the

nationality of a pirate ship

or aircraft ................................. 58

Article 105. Seizure of a pirate ship or

aircraft ..................................... 58

Article 106. Liability for seizure without

adequate grounds ............................. 58

Article 107. Ships and aircraft which are

entitled to seize on account

of piracy.................................. 58

Article 108. Illicit traffic in narcotic

drugs or psychotropic

substances ................................ 59

Article 109. Unauthorized broadcasting

from the high seas .......................... 59

Article 110. Right of visit .............................. 59

Article 111. Right of hot pursuit ......................... 60

Article 112. Right to lay submarine cables

and pipelines .............................. 61

Article 113. Breaking or injury of a

submarine cable or pipeline

......................................... 61

Article 114. Breaking or injury by

owners of a submarine cable

or pipeline of another

submarine cable or pipeline

......................................... 61

Article 115. Indemnity for loss incurred

in avoiding injury to a

submarine cable or pipeline

......................................... 61

SECTION 2. CONSERVATION AND

MANAGEMENT OF THE LIVING

RESOURCES OF THE HIGH SEAS ............... 62

Article 116. Right to fish on the high seas .................. 62

Article 117. Duty of States to adopt with

respect to their nationals

measures for the

conservation of the living

resources of the high seas .................... 62

Article 118. Cooperation of States in the

conservation and

management of living

resources ................................. 62

Article 119. Conservation of the living

resources of the high seas .................... 62

Article 120. Marine mammals ........................... 63

PART VIII. REGIME OF ISLANDS .............................. 63

Article 121. Regime of islands ........................... 63

PART IX. ENCLOSED OR SEMI-ENCLOSED SEAS .............. 63

Article 122. Definition ................................. 63

Article 123. Cooperation of States

bordering enclosed or

semi-enclosed seas.......................... 64

PART X. RIGHT OF ACCESS OF LAND-LOCKED STATES TO

AND FROM THE SEA AND FREEDOM OF TRANSIT .... 64

Article 124. Use of terms ............................... 64

Article 125. Right of access to and from

the sea and freedom of

transit .................................... 65

Article 126. Exclusion of application of

the most-favoured-nation

clause .................................... 65

Article 127. Customs duties, taxes and

other charges .............................. 65

Article 128. Free zones and other

customs facilities ........................... 65

Article 129. C ooperation in the

construction and

improvement of means of

transport.................................. 65

Article 130. Measures to avoid or

eliminate delays or other

difficulties of a technical

nature in traffic in transit ..................... 66

Article 131. Equal treatment in maritime

ports ..................................... 66

Article 132. Grant of greater transit

facilities .................................. 66

PART XI. THE AREA........................................ 66

SECTION l. GENERAL PROVISIONS ..................... 66

Article 133. Use of terms ............................... 66

Article 134. Scope of this Part ........................... 66

Article 135. Legal status of the

superjacent waters and air

space .................................... 67

SECTION 2. PRINCIPLES GOVERNING THE AREA ......... 67

Article 136. Common heritage of mankind ................. 67

Article 137. Legal status of the Area and its resources ........ 67

Article 138. General conduct of States in relation to the Area . . . 67

Article 139. Responsibility to ensure

compliance and liability for

damage................................... 67

Article 140. Benefit of mankind ......................... 68

Article 141. Use of the Area exclusively for peaceful purposes . 68

Article 142. Rights and legitimate interests of coastal States . . . 68

Article 143. Marine scientific research .................... 69

Article 144. Transfer of technology ....................... 69

Article 145. Protection of the marine environment ........... 70

Article 146. Protection of human life ..................... 70

Article 147. A c c o m m o d a t i o n o f

activities in the Area and in

the marine environment ...................... 70

Article 148. Participation of developing

States in activities in the

Area ..................................... 71

Article 149. Archaeological and historical objects ........... 71

SECTION 3. DEVELOPMENT OF RESOURCES OF THE AREA . . 71

Article 150. Policies relating to activities in the Area ......... 71

Article 151. Production policies ......................... 72

Article 152. Exercise of powers and

functions by the Authority .................... 75

Article 153. System of exploration and exploitation .......... 75

Article 154. Periodic review ............................ 76

Article 155. The Review Conference ...................... 76

SECTION 4. THE AUTHORITY ............................. 78

SUBSECTION A. GENERAL PROVISIONS ................... 78

Article 156. Establishment of the Authority ................ 78

Article 157. Nature and fundamental

principles of the Authority.................... 78

Article 158. Organs of the Authority ...................... 78

SUBSECTION B. THE ASSEMBLY .......................... 79

Article 159. Composition, procedure and voting ............. 79

Article 160. Powers and functions ........................ 79

SUBSECTION C. THE COUNCIL ............................ 81

Article 161. Composition, procedure and voting ............. 81

Article 162. Powers and functions ........................ 83

Article 163. Organs of the Council ....................... 86

Article 164. The Economic Planning Commission ........... 87

Article 165. The Legal and Technical Commission ........... 88

SUBSECTION D. THE SECRETARIAT ....................... 89

Article 166. The Secretariat ............................. 89

Article 167. The staff of the Authority ..................... 90

Article 168. International character of the Secretariat ......... 90

Article 169. C o n s u l t a t i o n a n d

cooperation with

international and

non-governmental

organizations .............................. 91

SUBSECTION E. THE ENTERPRISE......................... 91

Article 170. The Enterprise ............................. 91

SUBSECTION F. F I N A N C I A L

ARRANGEMENTS

OF THE AUTHORITY ...................... 91

Article 171. Funds of the Authority ....................... 91

Article 172. Annual budget of the Authority ................ 92

Article 173. Expenses of the Authority .................... 92

Article 174. Borrowing power of the Authority .............. 92

Article 175. Annual audit .............................. 92

SUBSECTION G. LEGAL STATUS,

PRIVILEGES

AND IMMUNITIES ........................ 93

Article 176. Legal status ............................... 93

Article 177. Privileges and immunities .................... 93

Article 178. Immunity from legal process .................. 93

Article 179. Immunity from search and any form of seizure .... 93

Article 180. E x e m p t i o n f r o m

restrictions, regulations,

controls and moratoria ....................... 93

Article 181. Archives and official

communications of the

Authority ................................. 93

Article 182. Privileges and immunities

of certain persons

connected with the

Authority ................................. 94

Article 183. Exemption from taxes and customs duties ........ 94

SUBSECTION H. SUSPENSION OF THE

EXERCISE OF RIGHTS

AND PRIVILEGES OF

MEMBERS ............................... 94

Article 184. Suspension of the exercise of voting rights ....... 94

Article 185. Suspension of exercise of rights and privileges

of membership ............................. 95

SECTION 5. SETTLEMENT OF DISPUTES AND

ADVISORY OPINIONS ......................... 95

Article 186. Seabed Disputes Chamber

of the International Tribunal

for the Law of the Sea ....................... 95

Article 187. Jurisdiction of the Seabed

Disputes Chamber .......................... 95

Article 188. Submission of disputes to a

special chamber of the

International Tribunal for

the Law of the Sea or an

ad hoc chamber of the

Seabed Disputes Chamber

or to binding commercial

arbitration ................................ 96

Article 189. Limitation on jurisdiction

with regard to decisions of

the Authority .............................. 97

Article 190. P a r t i c i p a t i o n a n d

appearance of sponsoring

States Parties in

proceedings ............................... 97

Article 191. Advisory opinions .......................... 97

PART XII. PROTECTION AND PRESERVATION OF THE MARINE

ENVIRONMENT ....................................... 98

SECTION 1. GENERAL PROVISIONS ....................... 98

Article 192. General obligation .......................... 98

Article 193. Sovereign right of States to

exploit their natural

resources ................................. 98

Article 194. Measures to prevent, reduce

and control pollution of the

marine environment ......................... 98

Article 195. Duty not to transfer damage

or hazards or transform one

type of pollution into

another ................................... 99

Article 196. Use of technologies or

introduction of alien or new

species ................................... 99

SECTION 2. GLOBAL AND REGIONAL COOPERATION ....... 99

Article 197. Cooperation on a global or regional basis ........ 99

Article 198. Notification of imminent or actual damage ...... 100

Article 199. Contingency plans against pollution ........... 100

Article 200. S t u d i e s , r e s e a r c h

programmes and exchange

of information and data ..................... 100

Article 201. Scientific criteria for regulations .............. 100

SECTION 3. TECHNICAL ASSISTANCE .................... 100

Article 202. Scientific and technical

assistance to developing

States ................................... 100

Article 203. Preferential treatment for developing States ..... 101

SECTION 4. M O N I T O R I N G A N D

ENVIRONMENTAL ASSESS-

MENT ...................................... 101

Article 204. Monitoring of the risks or effects of pollution .... 101

Article 205. Publication of reports ....................... 101

Article 206. Assessment of potential effects of activities ..... 101

SECTION 5. INTERNATIONAL RULES AND

NATIONAL LEGISLATION TO

PREVENT, REDUCE AND

CONTROL POLLUTION OF THE

MARINE ENVIRONMENT ..................... 102

Article 207. Pollution from land-based sources ............. 102

Article 208. Pollution from seabed

activities subject to national

jurisdiction............................... 102

Article 209. Pollution from activities in the Area ........... 103

Article 210. Pollution by dumping ...................... 103

Article 211. Pollution from vessels ...................... 103

Article 212. Pollution from or through the atmosphere ....... 105

SECTION 6. ENFORCEMENT ............................. 105

Article 213. Enforcement with respect to

pollution from land-based

sources .................................. 105

Article 214. Enforcement with respect to

pollution from seabed

activities ................................. 106

Article 215. Enforcement with respect to

pollution from activities in

the Area ................................. 106

Article 216. Enforcement with respect to

pollution by dumping...................... 106

Article 217. Enforcement by flag States .................. 106

Article 218. Enforcement by port States .................. 107

Article 219. Measu res r e lati ng to

seaworthiness of vessels to

avoid pollution............................ 108

Article 220. Enforcement by coastal States ................ 108

Article 221. Measures to avoid pollution

arising from maritime

casualties ................................ 109

Article 222. Enforcement with respect to

pollution from or through

the atmosphere ............................ 110

SECTION 7. SAFEGUARDS ............................... 110

Article 223. Measures to facilitate proceedings ............. 110

Article 224. Exercise of powers of enforcement ............ 110

Article 225. Duty to avoid adverse

consequences in the

exercise of the powers of

enforcement. ............................. 110

Article 226. Investigation of foreign vessels ............... 111

Article 227. Non-discrimination with

respect to foreign vessels ................... 111

Article 228. Suspension and restrictions

on institution of

proceedings .............................. 111

Article 229. Institution of civil proceedings ............... 112

Article 230. Monetary penalties and the

observance of recognized

rights of the accused ....................... 112

Article 231. Notification to the flag State

and other States concerned .................. 112

Article 232. Liability of States arising

from enforcement measures

........................................ 113

Article 233. Safeguards with respect to

straits used for international

navigation ............................... 113

SECTION 8. ICE-COVERED AREAS........................ 113

Article 234. Ice-covered areas .......................... 113

SECTION 9. RESPONSIBILITY AND LIABILITY ............. 113

Article 235. Responsibility and liability .................. 113

SECTION 10. SOVEREIGN IMMUNITY...................... 114

Article 236. Sovereign immunity ........................ 114

SECTION 11. OBLIGATIONS UNDER OTHER

CONVENTIONS ON THE

PROTECTION AND

PRESERVATION OF THE MARINE

ENVIRONMENT ............................. 114

Article 237. Obligations under other

conventions on the

protection and preservation

of the marine environment. .................. 114

PART XIII. MARINE SCIENTIFIC RESEARCH ................... 115

SECTION 1. GENERAL PROVISIONS ...................... 115

Article 238. Right to conduct marine scientific research ...... 115

Article 239. Promotion of marine scientific research ........ 115

Article 240. General principles for the

conduct of marine scientific

research ................................. 115

Article 241. Non-recognition of marine

scientific research activities

as the legal basis for claims

........................................ 115

SECTION 2. INTERNATIONAL COOPERATION ............. 116

Article 242. Promotion of international cooperation ......... 116

Article 243. Creation of favourable conditions ............. 116

Article 244. P u b l i c a t i o n a n d

dissemination of

information and knowledge

........................................ 116

SECTION 3. CONDUCT AND PROMOTION OF

MARINE SCIENTIFIC RESEARCH .............. 116

Article 245. Marine scientific research in the territorial sea . . . 116

Article 246. Marine scientific research in

the exclusive economic

zone and on the continental

shelf .................................... 117

Article 247. Marine scientific research

projects undertaken by or

under the auspices of

international organiza-tions

........................................ 118

Article 248. Duty to provide information

to the coastal State ......................... 118

Article 249. Duty to comply with certain conditions ......... 118

Article 250. C o m m u n i c a t i o n s

concerning marine scientific

research projects .......................... 119

Article 251. General criteria and guidelines ............... 119

Article 252. Implied consent ........................... 119

Article 253. Suspension or cessation of

marine scientific research

activities ................................. 120

Article 254. Rights of neighbouring

land-locked and

geographically

disadvantaged States ....................... 120

Article 255. Measures to facilitate

marine scientific research

and assist research vessels ................... 121

Article 256. Marine scientific research in the Area .......... 121

Article 257. Marine scientific research in

the water column beyond

the exclusive economic

zone .................................... 121

SECTION 4. SCIENTIFIC RESEARCH

INSTALLATIONS OR EQUIPMENT

IN THE MARINE ENVIRONMENT

............................................ 121

Article 258. Deployment and use ........................ 121

Article 259. Legal status .............................. 122

Article 260. Safety zones .............................. 122

Article 261. Non-interference with shipping routes .......... 122

Article 262. Identification markings and warning signals ..... 122

SECTION 5. RESPONSIBILITY AND LIABILITY ............. 122

Article 263. Responsibility and liability .................. 122

SECTION 6. SETTLEMENT OF DISPUTES AND

INTERIM MEASURES ........................ 123

Article 264. Settlement of disputes ...................... 123

Article 265. Interim measures .......................... 123

PART XIV. DEVELOPMENT AND TRANSFER OF

MARINE TECHNOLOGY ........................... 123

SECTION 1. GENERAL PROVISIONS ...................... 123

Article 266. P r o m o t i o n o f t h e

development and transfer of

marine technology ......................... 123

Article 267. Protection of legitimate interests .............. 123

Article 268. Basic objectives ........................... 124

Article 269. Measures to achieve the

basic objectives ........................... 124

SECTION 2. INTERNATIONAL COOPERATION

............................................ 124

Article 270. Ways and means of international cooperation .... 124

Article 271. Guidelines, criteria and standards ............. 125

Article 272. Coordination of international programmes ...... 125

Article 273. C ooperation with

international organizations

and the Authority .......................... 125

Article 274. Objectives of the Authority .................. 125

SECTION 3. NATIONAL AND REGIONAL

MARINE SCIENTI-FIC AND

TECHNOLOGICAL CENTRES .................. 126

Article 275. Establishment of national centres. ............. 126

Article 276. Establishment of regional centres ............. 126

Article 277. Functions of regional centres ................. 126

SECTION 4. COOPERATION AMONG

INTERNATIONAL

ORGANIZATIONS............................ 127

Article 278. Cooperation among international organizations . . 127

PART XV. SETTLEMENT OF DISPUTES ....................... 127

SECTION 1. GENERAL PROVISIONS ...................... 127

Article 279. Obligation to settle disputes by peaceful means . . 127

Article 280. Settlement of disputes by

any peaceful means chosen

by the parties ............................. 127

Article 281. P ro ced u r e wh er e n o

settlement has been reached

by the parties ............................. 127

Article 282. Obligations under general,

regional or bilateral

agreements ............................... 128

Article 283. Obligation to exchange views ................ 128

Article 284. Conciliation .............................. 128

Article 285. Application of this section

to disputes submitted

pursuant to Part XI......................... 128

SECTION 2. COMPULSORY PROCEDURES

ENTAILING BINDING DECISIONS

............................................ 129

Article 286. Application of procedures under this section ..... 129

Article 287. Choice of procedure ........................ 129

Article 288. Jurisdiction .............................. 130

Article 289. Experts .................................. 130

Article 290. Provisional measures ....................... 130

Article 291. Access .................................. 131

Article 292. Prompt release of vessels and crews ........... 131

Article 293. Applicable law ............................ 131

Article 294. Preliminary proceedings .................... 132

Article 295. Exhaustion of local remedies ................. 132

Article 296. Finality and binding force of decisions ......... 132

SECTION 3. LIMITATIONS AND EXCEPTIONS

TO APPLICA-BILITY OF

SECTION 2 .................................. 132

Article 297. Limitations on applicability of section 2 ........ 132

Article 298. Optional exceptions to applicability of section 2 . . 134

Article 299. Right of the parties to agree upon a procedure . . . 135

PART XVI. GENERAL PROVISIONS ........................... 135

Article 300. Good faith and abuse of rights ................ 135

Article 301. Peaceful uses of the seas .................... 136

Article 302. Disclosure of information ................... 136

Article 303. A r c h a e o l o g i c a l a n d

historical objects found at

sea ..................................... 136

Article 304. Responsibility and liability for damage ......... 136

PART XVII. FINAL PROVISIONS .............................. 137

Article 305. Signature ................................ 137

Article 306. Ratification and formal confirmation ........... 137

Article 307. Accession................................ 137

Article 308. Entry into force ........................... 138

Article 309. Reservations and exceptions ................. 138

Article 310. Declarations and statements .................. 138

Article 311. R e l a t i o n t o o t h e r

conventions and

international agreements .................... 138

Article 312. Amendment .............................. 139

Article 313. Amendment by simplified procedure ........... 139

Article 314. Am e n d me n t s t o t h e

provisions of this

Convention relating

exclusively to activities in

the Area ................................. 140

Article 315. Signature, ratification of,

accession to and authentic

texts of amendments ....................... 140

Article 316. Entry into force of amendments ............... 140

Article 317. Denunciation ............................. 141

Article 318. Status of Annexes ......................... 141

Article 319. Depositary ............................... 141

Article 320. Authentic texts ............................ 142

ANNEX I. HIGHLY MIGRATORY SPECIES .................... 143

ANNEX II. COMMISSION ON THE LIMITS OF THE

CONTINEN-TAL SHELF ........................... 143

ANNEX III. BASIC CONDITIONS OF PROSPECTING,

EXPLORA-TION AND EXPLOITATION .............. 145

Article 1. Title to minerals ........................... 145

Article 2. Prospecting .............................. 145

Article 3. Exploration and exploitation ................. 146

Article 4. Qualifications of applicants .................. 146

Article 5. Transfer of technology ...................... 147

Article 6. Approval of plans of work ................... 149

Article 7. Selection among applicants

for production

authorizations ............................ 150

Article 8. Reservation of areas........................ 151

Article 9. Activities in reserved areas .................. 152

Article 10. Preference and priority among applicants ....... 152

Article 11. Joint arrangements ......................... 152

Article 12. Activities carried out by the Enterprise ......... 153

Article 13. Financial terms of contracts.................. 153

Article 14. Transfer of data ........................... 160

Article 15. Training programmes....................... 160

Article 16. Exclusive right to explore and exploit .......... 160

Article 17. Rules, regulations and

procedures of the

Authority ................................ 160

Article 18. Penalties ................................. 163

Article 19. Revision of contract........................ 163

Article 20. Transfer of rights and obligations ............. 164

Article 21. Applicable law ............................ 164

Article 22. Responsibility ............................ 164

ANNEX IV. STATUTE OF THE ENTERPRISE .................... 164

Article 1. Purposes................................. 164

Article 2. Relationship to the Authority................. 165

Article 3. Limitation of liability ....................... 165

Article 4. Structure ................................ 165

Article 5. Governing Board .......................... 165

Article 6. Powers and functions of the Governing Board . . . 166

Article 7. Director-General and staff of the Enterprise ..... 167

Article 8. Location................................. 167

Article 9. Reports and financial statements .............. 167

Article 10. Allocation of net income .................... 168

Article 11. Finances................................. 168

Article 12. Operations ............................... 170

Article 13. Legal status, privileges and immunities ......... 171

ANNEX V. CONCILIATION .................................. 172

SECTION 1. CONCILIATION PROCEDURE

PURSUANT TO SECTION 1 OF

PART XV ................................... 172

Article 1. Institution of proceedings ................... 172

Article 2. List of conciliators ......................... 173

Article 3. Constitution of conciliation commission ........ 173

Article 4. Procedure................................ 174

Article 5. Amicable settlement ........................ 174

Article 6. Functions of the commission ................. 174

Article 7. Report .................................. 174

Article 8. Termination .............................. 174

Article 9. Fees and expenses ......................... 175

Article 10. Right of parties to modify procedure ........... 175

SECTION 2. COMPULSORY SUBMISSION TO

CONCILIATION PROCEDURE

PURSUANT TO SECTION 3 OF

PART XV ................................... 175

Article 11. Institution of proceedings ................... 175

Article 12. Failure to reply or to submit to conciliation ...... 175

Article 13. Competence .............................. 175

Article 14. Application of section 1..................... 175

ANNEX VI. STATUTE OF THE INTERNATIONAL

TRIBUNAL FOR THE LAW OF THE SEA ............. 176

Article 1. General provisions ......................... 176

SECTION 1. ORGANIZATION OF THE TRIBUNAL ........... 176

Article 2. Composition ............................. 176

Article 3. Membership .............................. 176

Article 4. Nominations and elections................... 176

Article 5. Term of office ............................ 177

Article 6. Vacancies ................................ 177

Article 7. Incompatible activities ...................... 178

Article 8. Conditions relating to

participation of members in

a particular case ........................... 178

Article 9. Consequence of ceasing to

fulfil required conditions .................... 178

Article 10. Privileges and immunities ................... 178

Article 11. Solemn declaration by members .............. 178

Article 12. President, Vice-President and Registrar ........ 179

Article 13. Quorum ................................. 179

Article 14. Seabed Disputes Chamber ................... 179

Article 15. Special chambers .......................... 179

Article 16. Rules of the Tribunal ....................... 180

Article 17. Nationality of members ..................... 180

Article 18. Remuneration of members................... 180

Article 19. Expenses of the Tribunal .................... 181

SECTION 2. COMPETENCE .............................. 181

Article 20. Access to the Tribunal ...................... 181

Article 21. Jurisdiction .............................. 181

Article 22 Reference of disputes

subject to other agreements .................. 181

Article 23. Applicable law ............................ 181

SECTION 3. PROCEDURE ................................ 182

Article 24. Institution of proceedings ................... 182

Article 25. Provisional measures ....................... 182

Article 26. Hearing ................................. 182

Article 27. Conduct of case ........................... 182

Article 28. Default .................................. 182

Article 29. Majority for decision ....................... 183

Article 30. Judgment ................................ 183

Article 31. Request to intervene ....................... 183

Article 32 Right to intervene in cases

of interpretation or

application ............................... 183

Article 33. Finality and binding force of decisions ......... 183

Article 34. Costs ................................... 184

SECTION 4. SEABED DISPUTES CHAMBER ................ 184

Article 35. Composition ............................. 184

Article 36. Ad hoc chambers .......................... 184

Article 37. Access .................................. 185

Article 38. Applicable law ............................ 185

Article 39. Enforcement of decisions of the Chamber ....... 185

Article 40. Applicability of other sections of this Annex ..... 185

SECTION 5. AMENDMENTS .............................. 185

Article 41. Amendments ............................. 185

ANNEX VII. ARBITRATION ................................... 186

Article 1. Institution of proceedings ................... 186

Article 2. List of arbitrators .......................... 186

Article 3. Constitution of arbitral tribunal ............... 186

Article 4. Functions of arbitral tribunal ................. 187

Article 5. Procedure................................ 187

Article 6. Duties of parties to a dispute ................. 188

Article 7. Expenses ................................ 188

Article 8. Required majority for decisions............... 188

Article 9. Default of appearance ...................... 188

Article 10. Award .................................. 188

Article 11. Finality of award .......................... 188

Article 12. Interpretation or implementation of award ...... 189

Article 13. Application to entities other than States Parties . . . 189

ANNEX VIII. SPECIAL ARBITRATION .......................... 189

Article 1. Institution of proceedings ................... 189

Article 2. Lists of experts............................ 189

Article 3. Constitution of special arbitral tribunal ......... 190

Article 4. General provisions ......................... 191

Article 5. Fact finding .............................. 191

ANNEX IX. PARTICIPATION BY INTERNATIONAL

ORGANIZA-TIONS................................ 191

Article 1. Use of terms.............................. 191

Article 2. Signature ................................ 192

Article 3. Formal confirmation and accession ............ 192

Article 4. Extent of participation and

rights and obligations....................... 192

Article 5. Declarations, notifications and communications . . 193

Article 6. Responsibility and liability .................. 193

Article 7. Settlement of disputes ...................... 193

Article 8. Applicability of Part XVII ................... 194

PREAMBLE

The States Parties to this Convention,

Prompted by the desire to settle, in a spirit of mutual understanding and

cooperation, 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,

Recognizing 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 seabed

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, cooperation 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 seabed and ocean floor and subsoil thereof,

beyond the limits of national jurisdiction;

(2) "Authority" means the International Seabed 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 l(b), (c), (d), (e) and (f), which become

Parties to this Convention in accordance with the conditions relevant to each,

and to that 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 recognized 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 recognized 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 coasts 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, an 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 coordinates

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 articles 12

and 15 shall be shown on charts of a scale or scales adequate for ascertaining

their position. Alternatively, a list of geographical coordinates of points,

specifying the geodetic datum, may be substituted.

2. The coastal State shall give due publicity to such charts or lists of

geographical coordinates 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;

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

Submarines and other underwater vehicles

In the 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 or installations;

(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 recommendations of the competent international

organization;

(b) any channels customarily used for international navigation;

(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;

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 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

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;

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 Organization 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 authorization 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 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 cooperate 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.

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;

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 cooperate:

(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

For the purposes of this Convention:

(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 1 to 1 and 9 to 1.

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 l, 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 coordinates of points, specifying the

geodetic datum, may be substituted.

9. The archipelagic State shall give due publicity to such charts or lists

of geographical coordinates 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 recognize 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

thereabove, 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 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 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 seabed and of the

seabed 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;

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 seabed 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 interests 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 authorize 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;

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 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 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 authorized by generally accepted international

standards or as 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 zones

around 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.

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 organizations, whether subregional,

regional or global, shall cooperate 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 shall take into

consideration the effects on species associated with or dependent upon

harvested species with a view to maintaining or restoring populations 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

organizations, 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

Utilization of the living resources

1. The coastal State shall promote the objective of optimum utilization

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 minimize

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;

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 authorization 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

cooperative 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

organizations, to agree upon the measures necessary to coordinate 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

organizations, 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 cooperate directly or

through appropriate international organizations with a view to ensuring

conservation and promoting the objective of optimum utilization of such

species throughout the region, both within and beyond the exclusive

economic zone. In regions for which no appropriate international

organization exists, the coastal State and other States whose nationals harvest

these species in the region shall cooperate to establish such an organization

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 organization, as appropriate, to prohibit, limit or regulate

the exploitation of marine mammals more strictly than provided for in this

Part. States shall cooperate with a view to the conservation of marine

mammals and in the case of cetaceans shall in particular work through the

appropriate international organizations 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 cooperate in minimizing 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.

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 cooperate 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 organizations.

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;

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 cooperate 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 minimize 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;

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 cooperate 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 provision 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 minimize

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 69 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

organizations 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 cooperation, shall make every

effort to enter into provisional arrangements of a practical nature and, during

this transitional period, not to jeopardize 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 coordinates

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 coordinates 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 coordinates 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 seabed 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 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.

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 seabed, 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

coordinates 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 seabed 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 seabed or are

unable to move except in constant physical contact with the seabed 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 authorize 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 or 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