Prompted by the desire to settle, in a spirit of mutual understanding and
co-operation, all issues relating to the law of the sea and aware of the
historic significance of this Convention as an important contribution to
the maintenance of peace, justice and progress for all peoples of the
world,
Noting that developments since the United Nations Conferences on the Law of
the Sea held at Geneva in 1958 and 1960 have accentuated the need for a new
and generally acceptable Convention on the law of the sea,
Conscious that the problems of ocean space are closely interrelated and
need to be considered as a whole,
Recognizing the desirability of establishing through this Convention, with
due regard for the sovereignty of all States, a legal order for the seas
and oceans which will facilitate international communication, and will
promote the peaceful uses of the seas and oceans, the equitable and
efficient utilization of their resources, the conservation of their living
resources, and the study, protection and preservation of the marine
environment,
Bearing in mind that the achievement of these goals will contribute to the
realization of a just and equitable international economic order which
takes into account the interests and needs of mankind as a whole and, in
particular, the special interests and needs of developing countries,
whether coastal or land-locked,
Desiring by this Convention to develop the principles embodied in
resolution 2749 (XXV) of 17 December 1970 in which the General Assembly of
the United Nations solemnly declared inter alia that the area of the
sea-bed and ocean floor and the subsoil thereof, beyond the limits of
national jurisdiction, as well as its resources, are the common heritage of
mankind, the exploration and exploitation of which shall be carried out for
the benefit of mankind as a whole, irrespective of the geographical
location of States,
Believing that the codification and progressive development of the law of
the sea achieved in this Convention will contribute to the strengthening of
peace, security, co-operation and friendly relations among all nations in
conformity with the principles of justice and equal rights and will promote
the economic and social advancement of all peoples of the world, in
accordance with the Purposes and Principles of the United Nations as set
forth in the Charter,
Affirming that matters not regulated by this Convention continue to be
governed by the rules and principles of general international law,
Have agreed as follows:
PART I
INTRODUCTION
Article 1
Use of terms and scope
1. For the purposes of this Convention:
(1) "Area" means the sea-bed and ocean floor and subsoil thereof beyond
the limits of national jurisdiction;
(2) "Authority" means the International Sea-Bed Authority;
(3) "activities in the Area" means all activities of exploration for, and
exploitation of, the resources of the Area;
(4) "pollution of the marine environment" means the introduction by man,
directly or indirectly, of substances or energy into the marine
environment, including estuaries, which results or is likely to
result in such deleterious effects as harm to living resources and
marine life, hazards to human health, hindrance to marine activities,
including fishing and other legitimate uses of the sea, impairment of
quality for use of sea water and reduction of amenities;
(5) (a) "dumping" means:
(i) any deliberate disposal of wastes or other matter from
vessels, aircraft, platforms or other man-made structures at
sea;
(ii) any deliberate disposal of vessels, aircraft, platforms or
other man-made structures at sea
(b) "dumping" does not include:
(i) the disposal of wastes or other matter incidental to, or
derived from the normal operations of vessels, aircraft,
platforms or other man-made structures at sea and their
equipment, other than wastes or other matter transported by or
to vessels, aircraft, platforms or other man-made structures at
sea, operating for the purpose of disposal of such matter or
derived from the treatment of such wastes or other matter on
such vessels, aircraft, platforms or structures;
(ii) placement of matter for a purpose other than the mere
disposal thereof, provided that such placement is not contrary
to the aims of this Convention.
2. (1) "States Parties" means States which have consented to be bound by
this Convention and for which this Convention is in force.
(2) This Convention applies mutatis mutandis to the entities referred to
in article 305, paragraph 1(b), (c), (d), (e) and (f), which become
Parties to this Convention in accordance with the conditions
relevant to each, and to that extent "States Parties" refers to
those entities.
PART II
TERRITORIAL SEA AND CONTIGUOUS ZONE
SECTION 1. GENERAL PROVISIONS
Article 2
Legal status of the territorial sea, of the air space
over the territorial sea and of its bed and subsoil
1. The sovereignty of a coastal State extends, beyond its land territory
and internal waters and, in the case of an archipelagic State, its
archipelagic waters, to an adjacent belt of sea, described as the
territorial sea.
2. This sovereignty extends to the air space over the territorial sea as
well as to Its bed and subsoil.
3. The sovereignty over the territorial sea is exercised subject to this
Convention and to other rules of international law.
SECTION 2. LIMITS OF THE TERRITORIAL SEA
Article 3
Breadth of the territorial sea
Every State has the right to establish the breadth of its territorial sea
up to a limit not exceeding 12 nautical miles, measured from baselines
determined in accordance with this Convention.
Article 4
Outer limit of the territorial sea
The outer limit of the territorial sea is the line every point of which is
at a distance from the nearest point of the baseline equal to the breadth
of the territorial sea.
Article 5
Normal baseline
Except where otherwise provided in this Convention, the normal baseline for
measuring the breadth of the territorial sea is the low-water line along
the coast as marked on large-scale charts officially recognized by the
coastal State.
Article 6
Reefs
In the case of islands situated on atolls or of islands having fringing
reefs, the baseline for measuring the breadth of the territorial sea is the
seaward low-water line of the reef, as shown by the appropriate symbol on
charts officially recognized by the coastal State.
Article 7
Straight baselines
1. In localities where the coastline is deeply indented and cut into, or if
there is a fringe of islands along the coast in its immediate vicinity, the
method of straight baselines joining appropriate points may be employed in
drawing the baseline from which the breadth of the territorial sea is
measured.
2. Where because of the presence of a delta and other natural conditions
the coastline is highly unstable, the appropriate points may be selected
along the furthest seaward extent of the low-water line and,
notwithstanding subsequent regression of the low-water line, the straight
baselines shall remain effective until changed by the coastal State in
accordance with this Convention.
3. The drawing of straight baselines must not depart to any appreciable
extent from the general direction of the coast, and the sea areas lying
within the lines must be sufficiently closely linked to the land domain to
be subject to the regime of internal waters.
4. Straight baselines shall not be drawn to and from low-tide elevations,
unless lighthouses or similar installations which are permanently above sea
level have been built on them or except in instances where the drawing of
baselines to and from such elevations has received general international
recognition.
5. Where the method of straight baselines is applicable under paragraph 1,
account may be taken, in determining particular baselines, of economic
interests peculiar to the region concerned, the reality and the importance
of which are clearly evidenced by long usage.
6. The system of straight baselines may not be applied by a State in such a
manner as to cut off the territorial sea of another State from the high
seas or an exclusive economic zone.
Article 8
Internal waters
1. Except as provided in Part IV, waters on the landward side of the
baseline of the territorial sea form part of the internal waters of the
State.
2. Where the establishment of a straight baseline in accordance with the
method set forth in article 7 has the effect of enclosing as internal
waters areas which had not previously been considered as such, a right of
innocent passage as provided in this Convention shall exist in those
waters.
Article 9
Mouths of rivers
If a river flows directly into the sea, the baseline shall be a straight
line across the mouth of the river between points on the low-water line of
its banks.
Article 10
Bays
1. This article relates only to bays the coasts of which belong to a single
State.
2. For the purposes of this Convention, a bay is a well-marked indentation
whose penetration is in such proportion to the width of its mouth as to
contain land-locked waters and constitute more than a mere curvature of the
coast. An indentation shall not, however, be regarded as a bay unless its
area is as large as, or larger than, that of the semi-circle whose diameter
is a line drawn across the mouth of that indentation.
3. For the purpose of measurement, the area of an indentation is that lying
between the low-water mark around the shore of the indentation and a line
joining the low-water mark of its natural entrance points. Where, because
of the presence of islands, an indentation has more than one mouth, the
semicircle shall be drawn on a line as long as the sum total of the lengths
of the lines across the different mouths. Islands within an indentation
shall be included as if they were part of the water area of the
indentation.
4. If the distance between the low-water marks of the natural entrance
points of a bay does not exceed 24 nautical miles, a closing line may be
drawn between these two low-water marks, and the waters enclosed thereby
shall be considered as internal waters.
5. Where the distance between the low-water marks of the natural entrance
points of a bay exceeds 24 nautical miles, a straight baseline of 24
nautical miles shall be drawn within the bay in such a manner as to enclose
the maximum area of water that is possible with a line of that length.
6. The foregoing provisions do not apply to so-called "historic" bays, or
in any case where the system of straight baselines provided for in article
7 is applied.
Article 11
Ports
For the purpose of delimiting the territorial sea, the outermost permanent
harbour works which form an integral part of the harbour system are
regarded as forming part of the coast. Off-shore installations and
artificial islands shall not be considered as permanent harbour works.
Article 12
Roadsteads
Roadsteads which are normally used for the loading, unloading and anchoring
of ships, and which would otherwise be situated wholly or partly outside
the outer limit of the territorial sea, are included in the territorial
sea.
Article 13
Low-tide elevations
1. A low-tide elevation is a naturally formed area of land which is
surrounded by and above water at low tide but submerged at high tide. Where
a low-tide elevation is situated wholly or partly at a distance not
exceeding the breadth of the territorial sea from the mainland or an
island, the low-water line on that elevation may be used as the baseline
for measuring the breadth of the territorial sea.
2. Where a low-tide elevation is wholly situated at a distance exceeding
the breadth of the territorial sea from the mainland or an island, it has
no territorial sea of its own.
Article 14
Combination of methods for determining baselines
The coastal State may determine baselines in turn by any of the methods
provided for in the foregoing articles to suit different conditions.
Article 15
Delimitation of the territorial sea
between States with opposite or adjacent coasts
Where the coasts of two States are opposite or adjacent to each other,
neither of the two States is entitled, failing agreement between them to
the contrary, to extend its territorial sea beyond the median line every
point of which is equidistant from the nearest points on the baselines from
which the breadth of the territorial seas of each of the two States is
measured. The above provision does not apply, however, where it is
necessary by reason of historic title or other special circumstances to
delimit the territorial seas of the two States in a way which is at
variance therewith.
Article 16
Charts and lists of geographical co-ordinates
1. The baselines for measuring the breadth of the territorial sea
determined in accordance with articles 7, 9 and 10, or the limits derived
therefrom, and the lines of delimitation drawn in accordance with articles
12 and 15 shall be shown on charts of a scale or scales adequate for
ascertaining their position. Alternatively, a list of geographical
co-ordinates of points, specifying the geodetic datum, may be substituted.
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.
SECTION 3. INNOCENT PASSAGE
IN THE TERRITORIAL SEA
SUBSECTION A. RULES APPLICABLE TO ALL SHIPS
Article 17
Right of innocent passage
Subject to this Convention, ships of all States, whether coastal or
land-locked, enjoy the right of innocent passage through the territorial
sea.
Article 18
Meaning of passage
1. Passage means navigation through the territorial sea for the purpose of:
(a) traversing that sea without entering internal waters or calling at a
roadstead or port facility outside internal waters; or
(b) proceeding to or from internal waters or a call at such roadstead or
port facility.
2. Passage shall be continuous and expeditious. However, passage includes
stopping and anchoring, but only in so far as the same are incidental to
ordinary navigation or are rendered necessary by force majeure or distress
or for the purpose of rendering assistance to persons, ships or aircraft in
danger or distress.
Article 19
Meaning of innocent passage
1. Passage is innocent so long as it is not prejudicial to the peace, good
order or security of the coastal State. Such passage shall take place in
conformity with this Convention and with other rules of international law.
2. Passage of a foreign ship shall be considered to be prejudicial to the
peace, good order or security of the coastal State if in the territorial
sea it engages in any of the following activities:
(a) any threat or use of force against the sovereignty, territorial
integrity or political independence of the coastal State, or in any
other manner in violation of the principles of international law
embodied in the Charter of the United Nations;
(b) any exercise or practice with weapons of any kind;
(c) any act aimed at collecting information to the prejudice of the
defence or security of the coastal State;
(d) any act of propaganda aimed at affecting the defence or security of
the coastal State;
(e) the launching, landing or taking on board of any aircraft;
(f) the launching, landing or taking on board of any military device;
(g) the loading or unloading of any commodity, currency or person
contrary to the customs, fiscal, immigration or sanitary laws and
regulations of the coastal State;
(h) any act of wilful and serious pollution contrary to this Convention;
(i) any fishing activities;
(j) the carrying out of research or survey activities;
(k) any act aimed at interfering with any systems of communication or any
other facilities or installations of the coastal State;
(l) any other activity not having a direct bearing on passage.
Article 20
Submarines and other underwater vehicles
In the territorial sea, submarines and other underwater vehicles are
required to navigate on the surface and to show their flag.
Article 21
Laws and regulations of the coastal State relating to
innocent passage
1. The coastal State may adopt laws and regulations, in conformity with the
provisions of this Convention and other rules of international law,
relating to innocent passage through the territorial sea, in respect of all
or any of the following:
(a) the safety of navigation and the regulation of maritime traffic;
(b) the protection of navigational aids and facilities and other
facilities or installations;
(c) the protection of cables and pipelines;
(d) the conservation of the living resources of the sea;
(e) the prevention of infringement of the fisheries laws and regulations
of the coastal State;
(f) the preservation of the environment of the coastal State and the
prevention, reduction and control of pollution thereof;
(g) marine scientific research and hydrographic surveys;
(h) the prevention of infringement of the customs, fiscal, immigration or
sanitary laws and regulations of the coastal State.
2. Such laws and regulations shall not apply to the design, construction,
manning or equipment of foreign ships unless they are giving effect to
generally accepted international rules or standards.
3. The coastal State shall give due publicity to all such laws and
regulations.
4. Foreign ships exercising the right of innocent passage through the
territorial sea shall comply with all such laws and regulations and all
generally accepted international regulations relating to the prevention of
collisions at sea.
Article 22
Sea lanes and traffic separation schemes
in the territorial sea
1. The coastal State may, where necessary having regard to the safety of
navigation, require foreign ships exercising the right of innocent passage
through its territorial sea to use such sea lanes and traffic separation
schemes as it may designate or prescribe for the regulation of the passage
of ships.
2. In particular, tankers, nuclear-powered ships and ships carrying nuclear
or other inherently dangerous or noxious substances or materials may be
required to confine their passage to such sea lanes.
3. In the designation of sea lanes and the prescription of traffic
separation schemes under this article, the coastal State shall take into
account:
(a) the recommendations of the competent international organization;
(b) any channels customarily used for international navigation;
(c) the special characteristics of particular ships and channels; and
(d) the density of traffic.
4. The coastal State shall clearly indicate such sea lanes and traffic
separation schemes on charts to which due publicity shall be given.
Article 23
Foreign nuclear-powered ships and ships carrying nuclear or
other inherently dangerous or noxious substances
Foreign nuclear-powered ships and ships carrying nuclear or other
inherently dangerous or noxious substances shall, when exercising the right
of innocent passage through the territorial sea, carry documents and
observe special precautionary measures established for such ships by
international agreements.
Article 24
Duties of the coastal State
1. The coastal State shall not hamper the innocent passage of foreign ships
through the territorial sea except in accordance with this Convention. In
particular, in the application of this Convention or of any laws or
regulations adopted in conformity with this Convention, the coastal State
shall not:
(a) impose requirements on foreign ships which have the practical effect
of denying or impairing the right of innocent passage; or
(b) discriminate in form or in fact against the ships of any State or
against ships carrying cargoes to, from or on behalf of any State.
2. The coastal State shall give appropriate publicity to any danger to
navigation, of which it has knowledge, within its territorial sea.
Article 25
Rights of protection of the coastal State
1. The coastal State may take the necessary steps in its territorial sea to
prevent passage which is not innocent.
2. In the case of ships proceeding to internal waters or a call at a port
facility outside internal waters, the coastal State also has the right to
take the necessary steps to prevent any breach of the conditions to which
admission of those ships to internal waters or such a call is subject.
3. The coastal State may, without discrimination in form or in fact among
foreign ships, suspend temporarily in specified areas of its territorial
sea the innocent passage of foreign ships if such suspension is essential
for the protection of its security, including weapons exercises. Such
suspension shall take effect only after having been duly published.
Article 26
Charges which may be levied upon foreign ships
1. No charge may be levied upon foreign ships by reason only of their
passage through the territorial sea.
2. Charges may be levied upon a foreign ship passing through the
territorial sea as payment only for specific services rendered to the ship.
These charges shall be levied without discrimination.
SUBSECTION B. RULES APPLICABLE TO
MERCHANT SHIPS AND GOVERNMENT SHIPS
OPERATED FOR COMMERCIAL PURPOSES
Article 27
Criminal jurisdiction on board a foreign ship
1. The criminal jurisdiction of the coastal State should not be exercised
on board a foreign ship passing through the territorial sea to arrest any
person or to conduct any investigation in connection with any crime
committed on board the ship during its passage, save only in the following
cases:
(a) if the consequences of the crime extend to the coastal State;
(b) if the crime is of a kind to disturb the peace of the country or the
good order of the territorial sea;
(c) if the assistance of the local authorities has been requested by the
master of the ship or by a diplomatic agent or consular officer of
the flag State; or
(d) if such measures are necessary for the suppression of illicit traffic
in narcotic drugs or psychotropic substances.
2. The above provisions do not affect the right of the coastal State to
take any steps authorized by its laws for the purpose of an arrest or
investigation on board a foreign ship passing through the territorial sea
after leaving internal waters.
3. In the cases provided for in paragraphs 1 and 2, the coastal State
shall, if the master so requests, notify a diplomatic agent or consular
officer of the flag State before taking any steps, and shall facilitate
contact between such agent or officer and the ship's crew. In cases of
emergency this notification may be communicated while the measures are
being taken.
4. In considering whether or in what manner an arrest should be made, the
local authorities shall have due regard to the interests of navigation.
5. Except as provided in Part XII or with respect to violations of laws and
regulations adopted in accordance with Part V, the coastal State may not
take any steps on board a foreign ship passing through the territorial sea
to arrest any person or to conduct any investigation in connection with any
crime committed before the ship entered the territorial sea, if the ship,
proceeding from a foreign port, is only passing through the territorial sea
without entering internal waters.
Article 28
Civil jurisdiction in relation to foreign ships
1. The coastal State should not stop or divert a foreign ship passing
through the territorial sea for the purpose of exercising civil
jurisdiction in relation to a person on board the ship.
2. The coastal State may not levy execution against or arrest the ship for
the purpose of any civil proceedings, save only in respect of obligations
or liabilities assumed or incurred by the ship itself in the course or for
the purpose of its voyage through the waters of the coastal State.
3. Paragraph 2 is without prejudice to the right of the coastal State, in
accordance with its laws, to levy execution against or to arrest, for the
purpose of any civil proceedings, a foreign ship lying in the territorial
sea, or passing through the territorial sea after leaving internal waters.
SUBSECTION C. RULES APPLICABLE TO
WARSHIPS AND OTHER GOVERNMENT SHIPS
OPERATED FOR NON-COMMERCIAL PURPOSES
Article 29
Definition of warships
For the purposes of this Convention, "warship" means a ship belonging to
the armed forces of a State bearing the external marks distinguishing such
ships of its nationality, under the command of an officer duly commissioned
by the government of the State and whose name appears in the appropriate
service list or its equivalent, and manned by a crew which is under regular
armed forces discipline.
Article 30
Non-compliance by warships with the laws and
regulations of the coastal State
If any warship does not comply with the laws and regulations of the coastal
State concerning passage through the territorial sea and disregards any
request for compliance therewith which is made to it, the coastal State may
require it to leave the territorial sea immediately.
Article 31
Responsibility of the flag State for damage caused by a
warship or other government ship operated for
non-commercial purposes
The flag State shall bear international responsibility for any loss or
damage to the coastal State resulting from the non-compliance by a warship
or other government ship operated for non-commercial purposes with the laws
and regulations of the coastal State concerning passage through the
territorial sea or with the provisions of this Convention or other rules of
international law.
Article 32
Immunities of warships and other government ships operated
for non-commercial purposes
With such exceptions as are contained in subsection A and in articles 30
and 31, nothing in this Convention affects the immunities of warships and
other government ships operated for non-commercial purposes.
SECTION 4. CONTIGUOUS ZONE
Article 33
Contiguous zone
1. In a zone contiguous to its territorial sea, described as the contiguous
zone, the coastal State may exercise the control necessary to:
(a) prevent infringement of its customs, fiscal, immigration or sanitary
laws and regulations within its territory or territorial sea;
(b) punish infringement of the above laws and regulations committed
within its territory or territorial sea.
2. The contiguous zone may riot extend beyond 24 nautical miles from the
baselines from which the breadth of the territorial sea is measured.
PART III
STRAITS USED FOR INTERNATIONAL NAVIGATION
SECTION 1. GENERAL PROVISIONS
Article 34
Legal status of waters forming straits used for
international navigation
1. The regime of passage through straits used for international navigation
established in this Part shall not in other respects affect the legal
status of the waters forming such straits or the exercise by the States
bordering the straits of their sovereignty or jurisdiction over such waters
and their air space, bed and subsoil.
2. The sovereignty or jurisdiction of the States bordering the straits is
exercised subject to this Part and to other rules of international law.
Article 35
Scope of this Part
Nothing in this Part affects:
(a) any areas of internal waters within a strait, except where the
establishment of a straight baseline in accordance with the method
set forth in article 7 has the effect of enclosing as internal waters
areas which had not previously been considered as such;
(b) the legal status of the waters beyond the territorial seas of States
bordering straits as exclusive economic zones or high seas; or
(c) the legal regime in straits in which passage is regulated in whole or
in part by long-standing international conventions in force
specifically relating to such straits.
Article 36
High seas routes or routes through exclusive economic zones
through straits used for international navigation
This Part does not apply to a strait used for international navigation if
there exists through the strait a route through the high seas or through an
exclusive economic zone of similar convenience with respect to navigational
and hydrographical characteristics; in such routes, the other relevant
Parts of this Convention, including the provisions regarding the freedoms
of navigation and overflight, apply.
SECTION 2. TRANSIT PASSAGE
Article 37
Scope of this section
This section applies to straits which are used for international navigation
between one part of the high seas or an exclusive economic zone and another
part of the high seas or an exclusive economic zone.
Article 38
Right of transit passage
1. In straits referred to in article 37, all ships and aircraft enjoy the
right of transit passage, which shall not be impeded; except that, if the
strait is formed by an island of a State bordering the strait and its
mainland, transit passage shall not apply if there exists seaward of the
island a route through the high seas or through an exclusive economic zone
of similar convenience with respect to navigational and hydrographical
characteristics.
2. Transit passage means the exercise in accordance with this Part of the
freedom of navigation and overflight solely for the purpose of continuous
and expeditious transit of the strait between one part of the high seas or
an exclusive economic zone and another part of the high seas or an
exclusive economic zone. However, the requirement of continuous and
expeditious transit does not preclude passage through the strait for the
purpose of entering, leaving or returning from a State bordering the
strait, subject to the conditions of entry to that State.
3. Any activity which is not an exercise of the right of transit passage
through a strait remains subject to the other applicable provisions of this
Convention.
Article 39
Duties of ships and aircraft during transit passage
1. Ships and aircraft, while exercising the right of transit passage,
shall:
(a) proceed without delay through or over the strait;
(b) refrain from any threat or use of force against the sovereignty,
territorial integrity or political independence of States bordering
the strait, or in any other manner in violation of the principles of
international law embodied in the Charter of the United Nations;
(c) refrain from any activities other than those incident to their normal
modes of continuous and expeditious transit unless rendered necessary
by force majeure or by distress;
(d) comply with other relevant provisions of this Part.
2. Ships in transit passage shall:
(a) comply with generally accepted international regulations, procedures
and practices for safety at sea, including the International
Regulations for Preventing Collisions at Sea;
(b) comply with generally accepted international regulations, procedures
and practices for the prevention, reduction and control of pollution
from ships.
3. Aircraft in transit passage shall:
(a) observe the Rules of the Air established by the International Civil
Aviation Organization as they apply to civil aircraft; state aircraft
will normally comply with such safety measures and will at all times
operate with due regard for the safety of navigation;
(b) at all times monitor the radio frequency assigned by the competent
internationally designated air traffic control authority or the
appropriate international distress radio frequency.
Article 40
Research and survey activities
During transit passage, foreign ships, including marine scientific research
and hydrographic survey ships, may not carry out any research or survey
activities without the prior authorization of the States bordering straits.
Article 41
Sea lanes and traffic separation schemes in straits used for
international navigation
1. In conformity with this Part, States bordering straits may designate sea
lanes and prescribe traffic separation schemes for navigation in straits
where necessary to promote the safe passage of ships.
2. Such States may, when circumstances require, and after giving due
publicity thereto, substitute other sea lanes or traffic separation schemes
for any sea lanes or traffic separation schemes previously designated or
prescribed by them.
3. Such sea lanes and traffic separation schemes shall conform to generally
accepted international regulations.
4. Before designating or substituting sea lanes or prescribing or
substituting traffic separation schemes, States bordering straits shall
refer proposals to the competent international organization with a view to
their adoption. The organization may adopt only such sea lanes and traffic
separation schemes as may be agreed with the States bordering the straits,
after which the States may designate, prescribe or substitute them.
5. In respect of a strait where sea lanes or traffic separation schemes
through the waters of two or more States bordering the strait are being
proposed, the States concerned shall co-operate in formulating proposals in
consultation with the competent international organization.
6. States bordering straits shall clearly indicate all sea lanes and
traffic separation schemes designated or prescribed by them on charts to
which due publicity shall be given.
7. Ships in transit passage shall respect applicable sea lanes and traffic
separation schemes established in accordance with this article.
Article 42
Laws and regulations of States bordering straits
relating to transit passage
1. Subject to the provisions of this section, States bordering straits may
adopt laws and regulations relating to transit passage through straits, in
respect of all or any of the following:
(a) the safety of navigation and the regulation of maritime traffic, as
provided in article 41;
(b) the prevention, reduction and control of pollution, by giving effect
to applicable international regulations regarding the discharge of
oil, oily wastes and other noxious substances in the strait;
(c) with respect to fishing vessels, the prevention of fishing, including
the stowage of fishing gear;
(d) the loading or unloading of any commodity, currency or person in
contravention of the customs, fiscal, immigration or sanitary laws
and regulations of States bordering straits.
2. Such laws and regulations shall not discriminate in form or in fact
among foreign ships or in their application have the practical effect of
denying, hampering or impairing the right of transit passage as defined in
this section.
3. States bordering straits shall give due publicity to all such laws and
regulations.
4. Foreign ships exercising the right of transit passage shall comply with
such laws and regulations.
5. The flag State of a ship or the State of registry of an aircraft
entitled to sovereign immunity which acts in a manner contrary to such laws
and regulations or other provisions of this Part shall bear international
responsibility for any loss or damage which results to States bordering
straits.
Article 43
Navigational and safety aids and other improvements and the
prevention, reduction and control of pollution
User States and States bordering a strait should by agreement co-operate:
(a) in the establishment and maintenance in a strait of necessary
navigational and safety aids or other improvements in aid of
international navigation; and
(b) for the prevention, reduction and control of pollution from ships.
Article 44
Duties of States bordering straits
States bordering straits shall not hamper transit passage and shall give
appropriate publicity to any danger to navigation or overflight within or
over the strait of which they have knowledge. There shall be no suspension
of transit passage.
SECTION 3. INNOCENT PASSAGE
Article 45
Innocent passage
1. The regime of innocent passage, in accordance with Part II, section 3
shall apply in straits used for international navigation:
(a) excluded from the application of the regime of transit passage under
article 38, paragraph 1; or
(b) between a part of the high seas or an exclusive economic zone and the
territorial sea of a foreign State.
2. There shall be no suspension of innocent passage through such straits.
