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Parts V - VII : Articles 55 - 120
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
sea-bed and of the sea-bed 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;
(c) other rights and duties provided for in this Convention.
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
sea-bed 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;
(c) installations and structures which may interfere with the
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 co-operate 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;
(c) regulating seasons and areas of fishing, the types, sizes
and 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
co-operative 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 co-ordinate 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 co-operate 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 co-operate 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
co-operate 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 co-operate 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.
(c) States referred to in subparagraph (b), participating by
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
co-operate 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
I 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;
(c) the extent to which other land-locked States and
geographically 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 co-operate 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;
(c) the extent to which other geographically disadvantaged
States and landlocked 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 co-operate 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 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 co- operation,
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 co-ordinates
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 co-ordinates 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 co-ordinates 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
sea-bed and subsoil of the submarine areas that extend beyond its
territorial sea throughout the natural prolongation of its land
territory to the outer edge of the continental margin, or to a
distance of 200 nautical miles from the baselines from which the
breadth of the territorial sea is measured where the outer edge
of the continental margin does not extend up to that distance.
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
sea-bed 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 sea-bed, 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 sea-bed 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 sea-bed or are unable
to move except in constant physical contact with the sea-bed 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 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 co- operation,
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
continental shelf shall be determined in accordance with the
provisions of that agreement.
Article 84
Charts and lists of geographical co-ordinates
1. Subject to this Part, the outer limit lines of the
continental shelf and the lines of delimitation drawn in
accordance with article 83 shall be shown on charts of a scale or scales adequate for
ascertaining their position. Where appropriate, lists of
geographical co-ordinates 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 graphical co-ordinates and shall deposit a copy of
each such chart or list with the Secretary-General of the United
Nations and, in the case of those showing the outer limit lines
of the continental shelf, with the Secretary-General of the
Authority.
Article 85
Tunnelling
This Part does not prejudice the right of the coastal State to
exploit the subsoil by means of tunnelling, irrespective of the
depth of water above the subsoil.
Part VII
HIGH SEAS
Section 1. GENERAL PROVISIONS
Article 86
Application of the provisions of this Part
The provisions of this Part apply to all parts of the sea that
are not included in the exclusive economic zone, in the
territorial sea or in the internal waters of a State, or in the
archipelagic waters of an archipelagic State. This article does
not entail any abridgement of the freedoms enjoyed by all States
in the exclusive economic zone in accordance with article 58 .
Article 87
Freedom of the high seas
1. The high seas are open to all States, whether coastal or
land-locked.
Freedom of the high seas is exercised under the conditions
laid down by this Convention and by other rules of international
law. It comprises, inter alia, both for coastal and land-locked
States:
(a) freedom of navigation;
(b) freedom of overflight;
(c) freedom to lay submarine cables and pipelines, subject to
Part VI;
(d) freedom to construct artificial islands and other
installations permitted under international law, subject to Part
VI;
(e) freedom of fishing, subject to the conditions laid down in
section 2;
(f) freedom of scientific research, subject to Parts VI and
XIII.
2. These freedoms shall be exercised by all States with due
regard for the interests of other States in their exercise of the
freedom of the high seas, and also with due regard for the rights
under this Convention with respect to activities in the Area.
Article 88
Reservation of the high seas for peaceful purposes
The high seas shall be reserved for peaceful purposes.
Article 89
Invalidity of claims of sovereignty over the high seas
No State may validly purport to subject any part of the high
seas to its sovereignty.
Article 90
Right of navigation
Every State, whether coastal or land-locked, has the right to
sail ships flying its flag on the high seas.
Article 91
Nationality of ships
1. Every State shall fix the conditions for the grant of its
nationality to ships, for the registration of ships in its
territory, and for the right to ny its flag. Ships have the
nationality of the State whose flag they are entitled to fly.
There must exist a genuine link between the State and the ship.
2. Every State shall issue to ships to which it has granted
the right to ny its flag documents to that effect.
Article 92
Status of ships
1. Ships shall sail under the flag of one State only and, save
in exceptional cases expressly provided for in international
treaties or in this Convention, shall be subject to its exclusive
jurisdiction on the high seas. A ship may not change its flag
during a voyage or while in a port of call, save in the case of a
real transfer of ownership or change of registry.
2. A ship which sails under the flags of two or more States,
using them according to convenience, may not claim any of the
nationalities in question with respect to any other State, and
may be assimilated to a ship without nationality.
Article 93
Ships flying the flag of the United Nations, its specialized
agencies and the International Atomic Energy Agency
The preceding articles do not prejudice the question of ships
employed on the official service of the United Nations, its
specialized agencies or the International Atomic Energy Agency,
flying the flag of the organization.
Article 94
Duties of the flag State
1. Every State shall effectively exercise its jurisdiction and
control in administrative, technical and social matters over
ships flying its flag.
2. In particular every State shall:
(a) maintain a register of ships containing the names and
particulars of ships flying its flag, except those which are
excluded from generally accepted international regulations on
account of their small size;
and (b) assume jurisdiction under its internal law over each
ship flying its nag and its master, officers and crew in respect
of administrative, technical and social matters concerning the
ship.
3. Every State shall take such measures for ships flying its
flag as are necessary to ensure safety at sea with regard, inter
alia, to:
(a) the construction, equipment and seaworthiness of ships;
(b) the manning of ships, labour conditions and the training
of crews, taking into account the applicable international
instruments;
(c) the use of signals, the maintenance of communications and
the prevention of collisions.
4. Such measures shall include those necessary to ensure:
(a) that each ship, before registration and thereafter at
appropriate intervals, is surveyed by a qualified surveyor of
ships, and has on board such charts, nautical publications and
navigational equipment and instruments as are appropriate for the
safe navigation of the ship;
(b) that each ship is in the charge of a master and officers
who possess appropriate qualifications, in particular in
seamanship, navigation, communications and marine engineering,
and that the crew is appropriate in qualification and numbers for
the type, size, machinery and equipment of the ship;
(c) that the master, officers and, to the extent appropriate,
the crew are fully conversant with and required to observe the
applicable international regulations concerning the safety of
life at sea, the prevention of collisions, the prevention,
reduction and control of marine pollution, and the maintenance of
communications by radio.
5. In taking the measures called for in paragraphs 3 and 4
each State is required to conform to generally accepted
international regulations, procedures and practices and to take
any steps which may be necessary to secure their observance.
6. A State which has clear grounds to believe that proper
jurisdiction and control with respect to a ship have not been
exercised may report the facts to the flag State. Upon receiving
such a report, the flag State shall investigate the matter and,
if appropriate, take any action necessary to remedy the
situation.
7. Each State shall cause an inquiry to be held by or before a
suitably qualified person or persons into every marine casualty
or incident of navigation on the high seas involving a ship
flying its flag and causing loss of life or serious injury to
nationals of another State or serious damage to ships or
installations of another State or to the marine environment. The
flag State and the other State shall co-operate in the conduct of
any inquiry held by that other State into any such marine
casualty or incident of navigation.
Article 95
Immunity of warships on the high seas
Warships on the high seas have complete immunity from the
jurisdiction of any State other than the flag State.
Article 96
Immunity of ships used only on
government non-commercial service
Ships owned or operated by a State and used only on government
non-commercial service shall, on the high seas, have complete
immunity from the jurisdiction of any State other than the flag
State.
Article 97
Penal jurisdiction in matters of collision
or any other incident of navigation
1. In the event of a collision or any other incident of
navigation concerning a ship on the high seas, involving the
penal or disciplinary responsibility of the master or of any
other person in the service of the ship, no penal or disciplinary
proceedings may be instituted against such person except before
the judicial or administrative authorities either of the flag
State or of the State of which such person is a national.
2. In disciplinary matters, the State which has issued a
master's certificate or a certificate of competence or licence
shall alone be competent, after due legal process, to pronounce
the withdrawal of such certificates, even if the holder is not a
national of the State which issued them.
3. No arrest or detention of the ship, even as a measure of
investigation, shall be ordered by any authorities other than
those of the flag State.
Article 98
Duty to render assistance
1. Every State shall require the master of a ship flying its
flag, in so far as he can do so without serious danger to the
ship, the crew or the passengers:
(a) to render assistance to any person found at sea in danger
of being lost;
(b) to proceed with all possible speed to the rescue of
persons in distress, if informed of their need of assistance, in
so far as such action may reasonably be expected of him;
(c) after a collision, to render assistance to the other ship,
its crew and its passengers and, where possible, to inform the
other ship of the name of his own ship, its port of registry and
the nearest port at which it will call.
2. Every coastal State shall promote the establishment,
operation and maintenance of an adequate and effective search and
rescue service regarding safety on and over the sea and, where
circumstances so require, by way of mutual regional arrangements
co-operate with neighbouring States for this purpose.
Article 99
Prohibition of the transport of slaves
Every State shall take effective measures to prevent and
punish the transport of slaves in ships authorized to ny its flag
and to prevent the unlawful use of its flag for that purpose. Any
slave taking refuge on board any ship, whatever its flag, shall
ipso facto be free.
Article 100
Duty to co-operate in the repression of piracy
All States shall co-operate to the fullest possible extent in
the repression of piracy on the high seas or in any other place
outside the jurisdiction of any State.
Article 101
Definition of piracy
Piracy consists of any of the following acts:
(a) any illegal acts of violence or detention, or any act of
depredation, committed for private ends by the crew or the
passengers of a private ship or a private aircraft, and directed:
(i) on the high seas, against another ship or aircraft, or
against persons or property on board such ship or aircraft;
(ii) against a ship, aircraft, persons or property in a place
outside the jurisdiction of any State;
(b) any act of voluntary participation in the operation of a
ship or of an aircraft with knowledge of facts making it a pirate
ship or aircraft;
(c) any act of inciting or of intentionally facilitating an
act described in subparagraph (a) or (b).
Article 102
Piracy by a warship, government ship or government aircraft
whose crew has mutinied
The acts of piracy, as defined in Article 101 ,
committed by a warship, government ship or government aircraft
whose crew has mutinied and taken control of the ship or aircraft
are assimilated to acts committed by a private ship or aircraft.
Article 103
Definition of a pirate ship or aircraft
A ship or aircraft is considered a pirate ship or aircraft if
it is intended by the persons in dominant control to be used for
the purpose of committing one of the acts referred to in Article 101 .
The same applies if the ship or aircraft has been used to commit
any such act, so long as it remains under the control of the
persons guilty of that act.
Article 104
Retention or loss of the nationality of a pirate ship or aircraft
A ship or aircraft may retain its nationality although it has
become a pirate ship or aircraft. The retention or loss of
nationality is determined by the law of the State from which such
nationality was derived.
Article 105
Seizure of a pirate ship or aircraft
On the high seas, or in any other place outside the
jurisdiction of any State, every State may seize a pirate ship or
aircraft, or a ship or aircraft taken by piracy and under the
control of pirates, and arrest the persons and seize the property
on board. The courts of the State which carried out the seizure
may decide upon the penalties to be imposed, and may also
determine the action to be taken with regard to the ships,
aircraft or property, subject to the rights of third parties
acting in good faith.
Article 106
Liability for seizure without adequate grounds
Where the seizure of a ship or aircraft on suspicion of piracy
has been effected without adequate grounds, the State making the
seizure shall be liable to the State the nationality of which is
possessed by the ship or aircraft for any loss or damage caused
by the seizure.
Article 107
Ships and aircraft which are entitled to seize on account of
piracy
A seizure on account of piracy may be carried out only by
warships or military aircraft, or other ships or aircraft clearly
marked and identifiable as being on government service and
authorized to that effect.
Article 108
Illicit traffic in narcotic drugs or psychotropic substances
1. All States shall co-operate in the suppression of illicit
traffic in narcotic drugs and psychotropic substances engaged in
by ships on the high seas contrary to international conventions.
2. Any State which has reasonable grounds for believing that a
ship flying its flag is engaged in illicit traffic in narcotic
drugs or psychotropic substances may request the co-operation of
other States to suppress such traffic.
Article 109
Unauthorized broadcasting from the high seas
1. All States shall co-operate in the suppression of
unauthorized broadcasting from the high seas.
2. For the purposes of this Convention, "unauthorized
broadcasting" means the transmission of sound radio or
television broadcasts from a ship or installation on the high
seas intended for reception by the general public contrary to
international regulations, but excluding the transmission of
distress calls.
3. Any person engaged in unauthorized broadcasting may be
prosecuted before the court of:
(a) the flag State of the ship;
(b) the State of registry of the installation;
(c) the State of which the person is a national;
(d) any State where the transmissions can be received; or (e)
any State where authorized radio communication is suffering
interference.
4. On the high seas, a State having jurisdiction in accordance
with paragraph 3 may, in conformity with article Article 110 ,
arrest any person or ship engaged in unauthorized broadcasting
and seize the broadcasting apparatus.
Article 110
Right of visit
1. Except where acts of interference derive from powers
conferred by treaty, a warship which encounters on the high seas
a foreign ship, other than a ship entitled to complete immunity
in accordance with articles 95 and 96, is
not justified in boarding it unless there is reasonable ground
for suspecting that:
(a) the ship is engaged in piracy;
(b) the ship is engaged in the slave trade;
(c) the ship is engaged in unauthorized broadcasting and the
flag State of the warship has jurisdiction under article 109;
(d) the ship is without nationality; or (e) though flying a
foreign flag or refusing to show its flag, the ship is, in
reality, of the same nationality as the warship.
2. In the cases provided for in paragraph 1, the warship may
proceed to verify the ship's right to fly its flag. To this end,
it may send a boat under the command of an officer to the
suspected ship. If suspicion remains after the documents have
been checked, it may proceed to a further examination on board
the ship, which must be carried out with all possible
consideration.
3. If the suspicions prove to be unfounded, and provided that
the ship boarded has not committed any act justifying them, it
shall be compensated for any loss or damage that may have been
sustained.
4. These provisions apply mutatis mutandis to military
aircraft.
5. These provisions also apply to any other duly authorized
ships or aircraft clearly marked and identifiable as being on
government service.
Article 111
Right of hot pursuit
1. The hot pursuit of a foreign ship may be undertaken when
the competent authorities of the coastal State have good reason
to believe that the ship has violated the laws and regulations of
that State. Such pursuit must be commenced when the foreign ship
or one of its boats is within the internal waters, the
archipelagic waters, the territorial sea or the contiguous zone
of the pursuing State, and may only be continued outside the
territorial sea or the contiguous zone if the pursuit has not
been interrupted. It is not necessary that, at the time when the
foreign ship within the territorial sea or the contiguous zone
receives the order to stop, the ship giving the order should
likewise be within the territorial sea or the contiguous zone. If
the foreign ship is within a contiguous zone, as defined in Article 79, paragraph 5, applies to such cables and pipelines.
Article 113
Breaking or injury of a submarine cable or pipeline
Every State shall adopt the laws and regulations necessary to
provide that the breaking or injury by a ship flying its flag or
by a person subject to its jurisdiction of a submarine cable
beneath the high seas done wilfully or through culpable
negligence, in such a manner as to be liable to interrupt or
obstruct telegraphic or telephonic communications, and similarly
the breaking or injury of a submarine pipeline or high-voltage
power cable, shall be a punishable offence. This provision shall
apply also to conduct calculated or likely to result in such
breaking or injury.
However, it shall not apply to any break or injury caused by
persons who acted merely with the legitimate object of saving
their lives or their ships, after having taken all necessary
precautions to avoid such break or injury .
Article 114
Breaking or injury by owners of a submarine cable or
pipeline of another submarine cable or pipeline
Every State shall adopt the laws and regulations necessary to
provide that, if persons subject to its jurisdiction who are the
owners of a submarine cable or pipeline beneath the high seas, in
laying or repairing that cable or pipeline, cause a break in or
injury to another cable or pipeline, they shall bear the cost of
the repairs.
Article 115
Indemnity for loss incurred in avoiding injury to a
submarine cable or pipeline
Every State shall adopt the laws and regulations necessary to
ensure that the owners of ships who can prove that they have
sacrificed an anchor, a net or any other fishing gear, in order
to avoid injuring a submarine cable or pipeline, shall be
indemnified by the owner of the cable or pipeline, provided that
the owner of the ship has taken all reasonable precautionary
measures beforehand.
Section 2. CONSERVATION AND MANAGEMENT OF
THE LIVING RESOURCES OF THE HIGH SEAS
Article 116
Right to fish on the high seas
All States have the right for their nationals to engage in
fishing on the high seas subject to:
(a) their treaty obligations;
(b) the rights and duties as well as the interests of coastal
States provided for, inter alia, in article 63,
paragraph 2, and articles 64
to 67; and (c) the provisions of this section.
Article 117
Duty of States to adopt with respect to their nationals measures
for the conservation of the living resources of the high seas
All States have the duty to take, or to co-operate with other
States in taking, such measures for their respective nationals as
may be necessary for the conservation of the living resources of
the high seas.
Article 118
Co-operation of States in the conservation and management of
living resources
States shall co-operate with each other in the conservation
and management of living resources in the areas of the high seas.
States whose nationals exploit identical living resources, or
different living resources in the same area, shall enter into
negotiations with a view to taking the measures necessary for the
conservation of the living resources concerned. They shall, as
appropriate, cooperate to establish subregional or regional
fisheries organizations to this end.
Article 119
Conservation of the living resources of the high seas
1. In determining the allowable catch and establishing other
conservation measures for the living resources in the high seas,
States shall:
(a) take measures which are designed, on the best scientific
evidence available to the States concerned, 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 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;
(b) 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.
2. 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.
3. States concerned shall ensure that conservation measures
and their implementation do not discriminate in form or in fact
against the fishermen of any State.
Article 120
Marine mammals
Article 65 also applies to the conservation and management of
marine mammals in the high seas.
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