FORMULATION OF MAIN TRENDS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82S00697R000300050001-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 21
• Document Creation Date: December 12, 2016
• Document Release Date: October 30, 2001
• Sequence Number: 1
• Publication Date: August 1, 1974
• Content Type: PAPER

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Informal Working Paper No.l/Rev.2
1 August 1974
Formulation of main trends
This Informal Working Paper (Rev.2) was prepared by the officers of the Committee;
it takes into account the observations and comments made by various delegations on both
the substance and form of the original version of the paper which was circulated on
17 July and of the first revision of the paper which was circulated on 22 July.
The sole purpose of this informal workinG paper is to reflect in generally
acceptable formulations the main trends which have e.~ierged from the proposals submitted
either to the-United Nations Sea-Bed Comxlit.ee or to the Conference itself.
The fact of including these fctr-ulations does not imply any opinion on the degree
of support they have commanded either in the preparatory stage or in the proceedings
of the current session of the Conference. Where only one formula appears this does not
necessarily imply that there are no other opinions concerning these questions or that
all delegations agree on the necessity'fur-.such a pro7icion.
All the proposals submitted to the United Nations Sea--Bed Committee and to the'
Conference are maintained and may be considered by this Cer:mittee at any time. Thus,
the preparation of this document and its acceptance by the Committee as a working paper
in no way signifies that these proposa.'.s have been withdrawn. Tlere is no question of
taking any decisions at the present stage, in accoi dame ,,ith the methods of work
adopted by the Committee at its meeting on 3 July, c,nce.this task has been carried out,
the item will be "frozen" and the Committee will pass cii to the next item. No decision
has to be taken until all the closely interrelated items have been thoroughly discussed.
Since the purpose of this paper is to focus the discus--ion of each of the items on
the fundamental issues, leaving until later the consideration of supplementary rules
and drafting points, the paper does not include all the proposals appearing in volume IV
of the report of the Sea-Bed Committee or all the variants, many cf which reflect only
drafting changes, appearing in volume III. of the same report.
It will be recalled that in submitting the first revised version of this paper,
the officers considered it necessary to stipulate that, for purely riethodological
reasons, the position of those delegations who make their acceptance of the territorial
sea regime conditional upon the creation of an exclusive economic zone is-not reflected.
as a trend in this paper.
c-a84a
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2.1 Nature and characteristics, including the question of the unity or plurality
of regimes
Provision I Nature and characteristics
2.2 Historic waters
Provision II Historic waters
2.3 Limits
2.3.1 Question of the-delimitation of the territorial sea
Provision III
(a)
Normal baselines
IV-XI
(b)
Straight baselines
"
XII
XIII-XIV
XV
(c)
(d)
(e)
Rivers
Bays, the coasts of which belong to a single State
Historic bays or other historic waters
"
XVI
(f)
Permanent harbour works
"
XVII
XVIII
XIX
(g)
(h)
(i)
Roadsteads
Low-tide elevations
Delimitation between States with opposite or adjacent coasts
2.3.2
Breadth of the territorial sea: global or regional criteria; open seas and
oceans, semi-enclosed and enclosed seas
Provision XX (a) Breadth of the territorial sea
of xxi (b)
Global or regional criteria, open seas and oceans,
semi-enclosed and enclosed seas
2.4 Innocent passage in the territorial sea
Provision XXII-XXXIII
(a)- Rules applicable to all ships
XxIV
(b)
Rules applicable to ships with special characteristics
XXXV-XXXVII
(c)
Rules applicable to merchant ships
XXXVIII-XXXIX
(d) (i) Rules applicable to-Government ships
XL-XLII
(d) (ii) Rules applicable to warships
(d) (iii) State responsibility for Government ships'
of rercime
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Item 2 - Territorial sea
2.1 Natiirc find ch7.racteri3tics . including the
of r irie:
uestion of the unity or pluralit
PROVISION 1
Formula A
1. The sovereignty of a State extends, beyond its land territory and its internal
waters, to a belt of sea adjacent to its coast, described as the territorial sea.
2. The sovereignty of a coastal State extends to the air spice over the territorial
sea as well as to its bed and subsoil. .
3. This sovereignty is exercised subject to the provisions of these articles and to
other rules of international law.
Formula B
1. The sovereignty of a coastal State extendss beyond its coast and internal or
archipelagic waters to an adjacent zone described as the territorial sea.
2. ... (same as in Formula A above).
3. This sovereignty is exercised in accordance with the, provisions of these
articles and allows a plurality of rAgimes in the.cases and for the purposes
indicated hereinafter.
Formula C
1. The sovereignty of a coastal State extends beyond its land territory and internal
waters, and in the case of archipelagic States, their archipelagic waters, over an
adjacent belt of sea defined as the territorial sea.
2. ... (same as in Formula A above).
(same as in Formula A above).
2.2 Historic waters
PROVISION II
Historic waters shall include territorial waters pertaining to a State by
reason of an historic right or title.
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2.3 Limits
2.3.1 Question of the delimitation of the-territorial sea
(a) Normal baselines
Formula A
Except where otherwise provided in these articles, 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.
Formula B
A coastal State may adopt its own method of drawing the baseline according'to
the topographical features of its coast.
In localities where the coastline is regular or the coast is low and flat, the
method of natural baseline, i.e. taking the low-tide lines as the baselines, may be
employed for measuring the breadth of the territorial sea.
(b) Straight baselines
Formula A
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.
Formula B
1. In localities where the coastline is indented or there are islands along the
coast, the method of a series of straight baselines, i.e. taking the lines connecting
the basepoints on the coast and the outermost islands as the baselines, may be'
employed for measuring the breadth of the territorial sea.
2. A coastal State with coasts of great lengths and complicated topography may
employ the method of mixed baselines, i.e. drawing the baseline in turn by the
methods provided for in article ... and this article to suit different conditions.
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PROVISION V
The drawing of such 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.
PROVISION VI
Formula A?
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.
Formula B
or except where States have historically and consistently applied low-tide elevation
for the purpose of drawing straight baselines.
PROVISION VII
Where the method of straight baselines is.appiicable under the provisions'of
paragraph ..., 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 a long usage.
PROVISION VIII-
In localities where no stable low-water line exists along the coast due to
continual process of alluvion and sedimentation and where the seas adjacent to the coast
are so shallow as to be non-navigable by other than small boats and pertain to the
character of inland waters, baselines shall be drawn linking appropriate points on the
sea adjacent to the coast not exceeding 10 fathom line.
PROVISION IX
The system of straight baselines may not be applied by a State in such a manner
as to cut off from the high seas the territorial sea of another State.
The coastal State must clearly indicate straight baselines on charts, to which due
publicity must be given.
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1. 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 article ... has
the effect of enclosing; as internal waters areas which previously had been considered
as part of the territorial sea or of the high se's, a right of innocent passage, as
provided in articles ... to ... shall exist in those waters.
(c) 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-tide line of-its banks.
(d) Bays the coasts of which belong to a single State-
Formula A
4. If the distance between the low-water marks of the natural entrance points of a
bay does not exceed 24 miles, a closing line may be drawn between these two low-water
marks, and the waters enclosed thereby shall be considered as internal waters..
Formula B
If the distance between the low-water marks of the natural entrance points of a bay
does not exceed ... miles, a closing line may be drawn between these two low-water
:.arks, and the waters enclosed thereby shall be considered as internal waters.
PROVISION XIV
Formula A
5. Where the distance between the low-water marks of the natural entrance points of
a bay exceeds 24 miles, a straight baseline of 24 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.
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Formula B
Where the distance between the low-water marks of the natural entrance points of
a bay exceeds ... miles, a straight baseline of ... 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.
(e) Historic bays or other historic waters
PROVISION XV
Formula A
The foregoing provisions shall not apply to so-called "historic" bays, or in any
case where the straight baseline system provided for in article ... is applied.
Formula.B
In the absence of other applicable rules the'baselines of the territorial sea are
measured from the outer limits of historic bays or other historic waters.
(f) Permanent harbours works
Formula A
For the purpose of delimiting the territorial sea, the'outermost permanent harbour
works which form an integral part of the harbour system shall be regarded as forming
part of the coast.
Formula .B
For the purpose of delimiting the territorial sea, the outermost permanent harbour
works which form part of the harbour system and which are above water at high tide
shall be regarded as forming part of the coast.
PROVISION XVII'
. (g) 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. The coastal State must
clearly demarcate such roadsteads and indicate them on charts together with their
boundaries, to which due publicity must be given.
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(h) 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 Dr 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.
(i) Delimitation between States with opposite or a acent coasts
PROVISION XIX
Formula A
Where the coasts of two States are opposite or adjacent to each other, neither of
the two States is entitled, failing agreement between them to the contrary, to extend
its territorial sea beyond the median line every point of which is equidistant from the
nearest points on the baselines from which the breadth of the territorial seas of each
of the two States is measured. The provisions of this paragraph shall not apply,
however, where it is necessary by reanon of historic title or other special
circumstances to delimit the territorial seas of the two States in a way which is at
variance with this provision.
The line of delimitation between the territorial seas of two States laying opposite
to each other or adjacent to each other shall be marked on large-scale charts officially
recognized by the coastal States.
Formula B
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 eachof the two States is measured.
Formula C
1. Where the coasts of two or more States are adjacent and/or opposite, the
delimitation of the boundary lines of the respective territorial seas shall be
determined by agreement among them in accordance with equitable principles.
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2. In the course of negotiations, the States may apply any one or a combination of
delimitation methods appropriate for arriving at an equitable agreement, taking into
. ....??????....... . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . .
_
account special circumstances .>????
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13. The States shall make use of the methods envisaged in Article 33 of the United
Nations Charter or other peaceful means and methods open to them, in order to resolve
differences which may arise in the course of negotiations.
Formula D
Coastal States adjacent or opposite to.each other shall define the boundaries
between their territorial seas on the principles of mutual respect for sovereignty and
territorial integrity, equality and reciprocity.
2-3.2 Breadth of the territorial sea: global or regional criteria; open seas and
oceans, semi-enclosed and enclosed seas
(a) Breadth of the territorial sea
PROVISION XX
Formula A
Each State shall have the right to establish the breadth of its territorial sea up
to a limit not exceeding 12 nautical miles, measured from baselines drawn in accordance
with articles ... of this Convention..
Formula B
Each State has the right to establish the breadth of its territorial sea up to a
distance not exceeding 2,00 nautical miles, measured from the applicable baselines.
Formula C
The maximum limit provided-in this article shall not apply to historic waters held
by any State as its territorial sea.
Any State which, prior to the approval of this Convention, shall have already
established a territorial sea with a breadth more than the maximum provided in this
article shall not be subject to the limit provided herein.
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(b) Global or regional criteria, open seas and oceans, semi-enclosed and
enclosed seas
Formula A
Formula B
1. Each coastal State shall have the right to establish the limits of the adjacent
sea subject to its sovereignty and jurisdiction, within the maximum distance referred
to in paragraph 2 of this article, having regard to reasonable criteria which take into
account the relevant geographical, geological, ecological, economic and social factors
and interests relating to the preservation of the marine environment and national
sovereignty.
2. In seas where the zone of sovereignty and jurisdiction of a coastal State can
extend to a distance of 200 nautical milesl measured from the applicable baselines,
without interfering with the zone of sovereignty and jurisdiction of another coastal
State, that distance shall be recognized as the maximum outer limit applicable to the
respective zones of sovereignty and jurisdiction.
Formula C
1. A coastal State shall have the right to determine the breadth of its territorial
sea within a maximum limit of (...) nautical miles measured from applicable baselines
drawn in accordance with the relevant articles of this Convention.
2. The right referred to in paragraph (1) shall not be exercised in such a
manner as to cut off the territorial sea of another State or any part thereof from the
high seas.
3. In areas of semi-closed seas, having special geographical characteristics, the
breadth of the territorial seas shall be determined jointly by the States of that area.
2.4 Innocent passage in the territorial sea
(a) Rules applicable to all ships
PROVISION XXII
Formula A
Subject to the provisions of these articles, ships of all States, whether coastal
or not, shall enjoy the right of innocent passage through the territorial sea.
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Formula B
In territorial seas whose breadth exceeds 12 nautical miles, ships of all States,
whether coastal or not, shall enjoy the right of innocent passage in the form prescribed
in article (...) within a limit of ... nautical miles measured from the applicable
baselines.
N.B. This text is the same as paragraph 1 of provision XL in IT;TP No.l/Rev.1
Beyond this internal limit, ships shall enjoy freedom of passage subject to the
provisions of provision XLIV.
Innocent. passage means navigation through the territorial sea for the purpose.
either of traversing that sea without entering internal waters, or of proceeding to or
from internal waters.
Innocent passage includes stopping and anchoring, but only in so far as the same
are incidental to ordinary navigation or are rendered necessary by force majeure or by
distress.
Formula A
Passage is innocent so long as it is not prejudicial to the peace, good order or
security of the coastal State. Such passage shall take place in conformity with these
articles and with other rules of international law.'
Formula t
1. (same as Formula A).
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
threat or use of force in violation of the Charter of the United Nations against the
territorial integrity or political independence of the coastal State or of any. other
State, or if it engages in any of the following activities:
(i) any other warlike act against the coastal or any other State;
(ii) any exercise or practice with weapons of any kind;
(iii) the launching or taking on board of any aircraft;
(iv) the launching, landing or taking on board of any military device;
(v) the embarking or disembarking of any person or cargo;
(vi) any act of eajionage affecting the defence or security of the coastal State;
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(vii) any act of propaganda affecting the security of the coastal State;
(viii) any act of interference with any systems of communication of the coastal or
any other State;
(ix) any act of interference with any other facility or installation of the
coastal Stat'c;
(x) any other activity not having a direct bcaring on passage.
3. The provisions of paragraph 2 of this article shall not apply to any activities
carried out with the prior authorization of the coastal State or as are rendered
qecessary by force majeure or distress or for the purpose of rendering assistance to
persons, ships or aircraft in danger or distress.
Formula C
1. ... (same as Formula A).
2. Passage of a foreign ship shall not be considered prejudicial to the peace, good
order or security of the coastal State unless, in the territorial sea, it engages in
any threat or use of force in violation of the Charter of the United Nations against the
territorial integrity or political independence of the coastal State, or without
authorization from the coastal State or justification under international law in any of
the following activities:
(a) any exercise or practice with weapons of any kind;
(b) the launching or taking on board of any aircraft;
(c) the launching, landing or taking on board of any military device;
(d) the embarking or disembarking of any person or cargo contrary to the customs,
fiscal, immigration or sanitary laws or regulations of the coastal State;
(e) any act aimed at interfering with any system of communication of the coastal
State;
(f) any act aimed at interfering with any other facilities or installations of
the coastal State.
3. Passage shall not be considered prejudicial to the peace, good order or security
of the coastal State if any such activity is:
(a) prudent for safe and efficient navigation in accordance with the normal
practice of seamen; or
(b) carried out with the prior authorization of the coastal State; or
(c) rendered necessary by force ma eure or distress Or for the purpose of rendering
assistance to persons, shipsor aircraft in danger or distress.
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PROVISION XXVI
Passage shall be continuous and expeditious. Passing ships shall refrain from
nanocuvriu,-, unnecessarily, hovering or engaging in any activity other than mere
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PROVISION xXVII
Formula A
1. Foreign ships exercising the right of innocent passage shall comply with the laws
and regulations enacted by the coastal State in conformity with these articles and
other rules. of international law and, in particular, with such laws and regulations
relating to transport and navigation.
2. Passage of foreign fishing vessels shall not be considered innocent if they do not
observe such laws and regulations as the coastal State may make and publish in order to
prevent these vessels from fishing in the territorial sea.
Formula. B
1. The coastal State may make laws and regulations, in conformity with the
provisions of.these articles and other rules of international law, relating to passage
through the territorial sea, which laws and regulations may be in respect of all or any
of the following:
(a) the safety of navigation and the regulation of marine traffic, including the
designation of s::a-lanes and ^e establishment of traffic separation schemes;
(b) the installation; utilization and protection of navigational aids and
facilities,
(c) the installation, utilization and protection of facilities or installations
for the exploration and exploitation of the marine resources, including the
resources of the sea-bed and subsoil, of the territorial sea;
(d) the protection of submarine or aerial cables and pipelines,
(e) the conservation of the living resources of the sea;
(f) the preservation of the environment of the coastal State, including the
territorial sea, and the prevention of pollution thereto;
(g) research of the marine environment, including hydrographic research;
(h) the prevention of infringement of the customs, fiscal, immigration,
(i)
quarantine or sanitary regulations of the coastal State,
the prevention of infringement of the fisheries regulations of the coastal
State, including inter alia those relating to the storage of gear..
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2. Such laws and regulations shall not
(a) apply to the design, construction, manning or equipment of foreign ships or
matters re7ulated by generally accepted international rules unless -specifically
authorized by such rules
(b) impose requirements on foreign ships which have the practical effect of
denying or prejudicing the right of innocent passage in accordance with this
Convention, and a
(c) discriminate in form or in fact arson;
foreign ships.
3. The coastal State shall give due publicity to all laws and regulations made by it
under the provisions of this article.
I. Foreign ships exercising the right of innocent passage through the territorial sea
shall comply with all such laws and regulations of the coastal State.
5. During their passage-through the territorial sea, foreign ships, including
marine research and hydrographic survey ships, may not carry out any research or
survey activities without the prior authorization of the coastal State.
6. A coastal State may require foreign ships exercising the right of innocent
passage through its territorial sea to use such sea-lanes and traffic separation
schemes, including depth separation schemes; as may be designated or prescribed by
the coastal State for the regulation of the passage of ships.
7. A coastal State may from time to time, after givin3 due publicity thereto,
substitute other sea-lanes for any sea-lanes previously designated by it under the
provisions of this article.
8. In the designation of sea-lanes and the prescription of traffic separation schemes
under the provisions of this article a coastal. State shall take into account:
(a) the recommendations of competent international organizations;
(b) any channels customarily used for international navigation.
(c) the special characteristics of particular channels: and
(d) the special characteristics of particular ships.
9. The coe.tal State shall clearly demarcate all sea-lanes designated by it under
the provisions of this article and indicate them on charts to which due publicity
shall be ,-iv-n.
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10. Foreign ships exercising the right of innocent passage through the territorial
sea shall, when passing through sea-l_.nes and traffic separation schemes designated or
prescribed by the coastal State under the provisions of this article, comply with all
international regulations relating to the prevention of collisions at sea.
11. If in the application of its laws and regulations, a coastal State acts in a
manner contrary to the provisions of these articles and loss or damage results to any
foreign ship exercising the right of innocent passage through the territorial sea, the
coastal State shall compensate the owners of such ship for that loss or damage.
Formula C
1. The coastal State may enact regulations relating to navigation in its territorial
sea. Such regulations ms.y relate., inter alia, to the following:
(a) Maritime safety and traffic and, in particular,-the establishment of
sea-lanes and traffic separation schemes-,
(b) Installation and utilization of facilities and systems of aids to
navigation and the protection thereof, ?
(c) Installation and utilization of facilities to explore and exploit marine
resources and the protection thereof."
(d) Maritime transport;.
(e) Passage of ships rrith special characteristics,
(f) Preservation of marine and coastal environment and prevention of all
forms of pollution;
(g) Research of the marine environment.
2. . (same as in Formula B, para. 4).
PROVISION XXVIII
Formula A
Submarines and other underwater vehicles are required to navigate on the surface
and to show their flag.
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Forz2ula B
Subaari:ies sad c.her underwater vehicles in innocent passage MAY be required to
navi-ate on the surface and to show their flag.
Formula C
Sd.,zaarines are required to navigate on the surface and to show their flag.
PROVISION MIX
The coastal State shall not hamper the innocent passage of-foreign ships through
the territorial sea and, in particular, it shall not, in the application of these
articles or of any laws or regulations made under the provisions of these articles,
discriminate in form or in fact against the ships of any particular State or against
ships carrying cargoes to, from or on behalf of any particular State,
mhe coastal State is required to give appropriate publicity to any dangers to
navigation, of which it has knowledge, within its territorial sea.
The co3stU Ctete may take the necessary steps in its territorial sea to prevent
passage which is not innocent.
In try r.3^ of ships proceeding to internal waters, the coastal State shall also
have the riGLt to take the necessary steps to prevent any breach of the conditions to
which ad~iseion cf the ships to those waters is subject.
The coastal State may, without discrimination amongst foreign ships, suspend
temporarily in rpecifed areas of its territorial sea the innocent passage of foreign
ships if such suspension is essential for the protection of its security. Such
suspension shall ti.e effect only after-having been duly published.
!.
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(b) Iic: to DS With eyecial characteristics
PROVISION XXXIV
1. Nuclear powered ships. tankers and ships carding nuclear-er o4 inherently
dumseroue or noxious aub?ntances or r.mteriale may be required to give prior notj'foati,on
of their p!n!s:age to the coastal State and to confine their passage to such sea-lanes
an may be dcaignated for that purpose by the coastal State.
2. For the purposes of this article, the term "tanker" includes any ship used for
the eerria o in bulk in as liquid state of petroleum, natural gas or any other highly
inflasable, explosive or pollutive substance.
3. In order to expedite the paaac3.ge of ships through the territorial sea the coastal
State shall ensure that the procedures for notification under the ps+tivisims of this
doge esha31 Us auab as not to.pause any unduo dell.
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(c) Rules a licabie to merchant ships
PROVISIONT XICrV
1. No char:*e ray be levied upon foreign ships by reason only of their passage through
the territorial sea.
2. Charges may be levied uvon a foreigvn ship passing through the territorial sea as
payment only for specific services rendered to the ship. These charges shall be
levied without discrimination.
PROVISION )OO VI
1. The criminal jurisdiction of the coastal State should not be exercised on board
a foreign ship passing through the territorial sea to arrest any person or to conduct
any investigation in connexion with any crime committed on board the ship during its
passage, save only in the followin3 cases:
(a) If the consequences of the crime extend to the coastal State. or
(b) If the crime is of a kind to disturb the peace of the country or the good
order of the territorial sea; or
(c) If the assistance of the local authorities has been requested by the captain
of the ship or by the consul of the country whose flag the ship flies, or
(d) If it is necessary for the suppression of illicit traffic in narcotic drugs.
2. The above provisions do not affect the right of the coastal State to take any
steps authorized by its laws for the purpose of an arrest or investigation on board a
foreign ship passing through the territorial sea after leav-ink; internal waters.
3. In the cases provided for in paragraphs 1 and 2 of this article, the coastal State
shall, if the captain so requests, advise the consular authority of the flag State
before taking any Eteps, and shall facilitate contact between such authority and the
ship's crew. In cases of emergency this notification may be coimnunicated while the
measures are being taken.
4+. In considering whether or hoer an arrest should be made, the local authorities
-hall pay due regard to the-interests of navigation.
The coastal. State may not take any steps on board a foreil ship passing through
l?
the territorial sea to arrest any person or to conduct any investigation in connexion
,.ith any crire committed before the ship entered the territorial sea, if the ship,
proceeding from a foreign port, is only passing through the territorial sea without
catering internal waters.
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11. 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. The provisions of the previous paragraph are 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.
(d) Rules applicable to government ships
(i) Government ships other than warships
Formula A
The rules contained in sections (a) and (c) shall apply to government ships
operated for commercial purposes.
Formula B
Government ships operated for commercial purposes in foreign territorial waters
shall enjoy immunity, and therefore the measures referred to in this pz'ov1Dion'=,r_.be
ap_1_..:.ed to them only with the consent of the St to whose flag the ship flies.
PROVISION XXXIX
1. The rules contained in section (a) and in provision XXXV shall apply to
government ships operated for non-commercial purposes'.
2. With such exceptions as are contained in the provisions referred to in the
preceding paragraph, nothing in these articles affects the immunities which such ships
enjoy under these articles or other rules of international law.
(ii) Warships
1. For the purpose of this article, the term "warship" means a ship belonging to the
armed forces of a State bearing the external marks distinguishing such ships of its
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nationality, under the cc. exnd of nn cffic?:r duly cc:,:mission:!d by the Government of the
State and whose name appears in ti'e apptopr'.ate Service List or its equivalent, and
manned by a crew who are ur.1er : e6c?.a: hate i fCrcc3 F.iscipline.
2. The rules ccntair-^d in sectio:i (a) of these articles shall apply to warships.
3. Foreign warships exerci.sing?the right of innocent passage shall not,-in the
territorial sea, carry out any man)euvrea other than those having direct bearing on
passage.
Fo,~la
If any warship does ..ot comply with the regulations for the coastal State
concerni-ng passage through the territorial sea -and disregards any request for compliance
w:iieh is made to it, the coastal State may require the warship to leave the territorial
sea.
Formula B
If any warship does not co;aj :y with the lase and regal^?tioas of the coastal State
relating to pe sage through the territorial sea or fails to comply with the
requirements of paragraph ... of tri a ticle, arid disregards any r,--quest for compliance
wa-ich is made to it, the ~~_ ~stat Stmt; m:?y' ausperd the r .ght or nr.ssage of such warship
and may r.quire it to leave tae territorial sc: by su-h rou. as may be directed by the
coastal State.
c rmu106
1. The co3.-.':a.l Stat.: may require prior .:.rzt~ to or e.ut;iorization by its
competent avthoritie:; for thf. p..s:;z-n of +a^eign v :shi.ps through its territorial sea,
in conformity with regulation:. an force n suc;i a Sate.
2. ... (same as Forc le. A).
Subject to provisions :JCL'. Pr.1 XLIII. ^othin; in -thee trcviFions affects the
j.mmuniti es which warships enjoy :antler these: 'or .: isic ns or other _ i e:, of international
law.
(iii) State responsibility for gcre_?nvc:1t ships
If, as a result of any non-compliance by any warship or other government ship
operated for non-commercial purposes with any of the laws or regulations of the coastal
State relating to passage through the territorial sea or with any of the provisions of
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these articles or other rules of international law, any damage is caused to the coastal
State (including its environment and any of its facilities, installations or other
property, or to any ships flying its flag), international responsibility shall be borne
by the flag State of the ship causing the damage.
2.5 Freedom of navigation and overflight resulting from the question of plurality
of regimes in the territorial sea
PROVISION XLIV.
1. In territorial seas whose breadth exceeds 12 nautical miles, ships of all States,
whether coastal or not, shall enjoy the right of innocent passage in the form prescribed
in article (...) within a limit of ... nautical miles measured from the applicable
baselines.
2. Beyond this internal limit, ships shall enjoy freedom of passage subject to the
duties of peaceful coexistence and good neighbourliness and also the provisions adopted
by the coastal State with regard to the exploration, conservation and exploitation of
resources, the preservation of the marine environment, scientific research, the
emplacement of installations and the security of navigation and maritime transport.
3. In accordance with the duties referred to in paragraph 2 of this article, ships in
transit shall abstain from any activities that may be prejudicial to the coastal State,
such as an exercise or practice with weapons or?explosives, the launching or taking on
board of military devices., the embarking or disembarking of persons or cargo contrary
to the customs, fiscal, immigration or sanitary provisions of the coastal State, any act
of propaganda, espionage or interference with systems of communication, and other
activities not having a direct bearing on passage.
1. Where appropriate, the provisions of paragraphs 2 and 3 of this article shall also
apply to the passage of aircraft.
5. The provisions of the coastal State for the purposes referred to in paragraph 2 of
this article shall not affect the legitimate and normal exercise of the rights enjoyed
by other States with regard to navigation, overflight and other means.of international
communication in accordance with the provisions of this Convention.
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