For the purposes of this Convention:
(a) "archipelagic State" means a State constituted wholly by one or more
archipelagos and may include other islands;
(b) "archipelago" means a group of islands, including parts of islands,
interconnecting waters and other natural features which are so
closely interrelated that such islands, waters and other natural
features form an intrinsic geographical, economic and political
entity, or which historically have been regarded as such.
Article 47
Archipelagic baselines
1. An archipelagic State may draw straight archipelagic baselines joining
the outermost points of the outermost islands and drying reefs of the
archipelago provided that within such baselines are included the main
islands and an area in which the ratio of the area of the water to the area
of the land, including atolls, is between 1 to 1 and 9 to 1.
2. The length of such baselines shall not exceed 100 nautical miles, except
that up to 3 per cent of the total number of baselines enclosing any
archipelago may exceed that length, up to a maximum length of 125 nautical
miles.
3. The drawing of such baselines shall not depart to any appreciable extent
from the general configuration of the archipelago.
4. Such baselines shall not be drawn to and from low-tide elevations,
unless lighthouses or similar installations which are permanently above sea
level have been built on them or where a low-tide elevation is situated
wholly or partly at a distance not exceeding the breadth of the territorial
sea from the nearest island.
5. The system of such baselines shall not be applied by an archipelagic
State in such a manner as to cut off from the high seas or the exclusive
economic zone the territorial sea of another State.
6. If a part of the archipelagic waters of an archipelagic State lies
between two parts of an immediately adjacent neighbouring State, existing
rights and all other legitimate interests which the latter State has
traditionally exercised in such waters and all rights stipulated by
agreement between those States shall continue and be respected.
7. For the purpose of computing the ratio of water to land under paragraph
1, land areas may include waters lying within the fringing reefs of islands
and atolls, including that part of a steep-sided oceanic plateau which is
enclosed or nearly enclosed by a chain of limestone islands and drying
reefs lying on the perimeter of the plateau.
8. The baselines drawn in accordance with this article shall be shown on
charts of a scale or scales adequate for ascertaining their position.
Alternatively, lists of geographical co-ordinates of points, specifying the
geodetic datum, may be substituted.
9. The archipelagic 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.
Article 48
Measurement of the breadth of the territorial sea, the
contiguous zone, the exclusive economic zone and the
continental shelf
The breadth of the territorial sea, the contiguous zone, the exclusive
economic zone and the continental shelf shall be measured from archipelagic
baselines drawn in accordance with article 47.
Article 49
Legal status of archipelagic waters, of the air space over
archipelagic waters and of their bed and subsoil
1. The sovereignty of an archipelagic State extends to the waters enclosed
by the archipelagic baselines drawn in accordance with article 47,
described as archipelagic waters, regardless of their depth or distance
from the coast.
2. This sovereignty extends to the air space over the archipelagic waters,
as well as to their bed and subsoil, and the resources contained therein.
3. This sovereignty is exercised subject to this Part.
4. The regime of archipelagic sea lanes passage established in this Part
shall not in other respects affect the status of the archipelagic waters,
including the sea lanes, or the exercise by the archipelagic State of its
sovereignty over such waters and their air space, bed and subsoil, and the
resources contained therein.
Article 50
Delimitation of internal waters
Within its archipelagic waters, the archipelagic State may draw closing
lines for the delimitation of internal waters, in accordance with articles
9, 10 and 11.
Article 51
Existing agreements, traditional fishing rights and existing
submarine cables
1. Without prejudice to article 49, an archipelagic State shall respect
existing agreements with other States and shall recognize traditional
fishing rights and other legitimate activities of the immediately adjacent
neighbouring States in certain areas falling within archipelagic waters.
The terms and conditions for the exercise of such rights and activities,
including the nature, the extent and the areas to which they apply, shall,
at the request of any of the States concerned, be regulated by bilateral
agreements between them. Such rights shall not be transferred to or shared
with third States or their nationals.
2. An archipelagic State shall respect existing submarine cables laid by
other States and passing through its waters without making a landfall. An
archipelagic State shall permit the maintenance and replacement of such
cables upon receiving due notice of their location and the intention to
repair or replace them.
Article 52
Right of innocent passage
1. Subject to article 53 and without prejudice to article 50, ships of all
States enjoy the right of innocent passage through archipelagic waters, in
accordance with Part II, section 3.
2. The archipelagic State may, without discrimination in form or in fact
among foreign ships, suspend temporarily in specified areas of its
archipelagic waters the innocent passage of foreign ships if such
suspension is essential for the protection of its security. Such suspension
shall take effect only after having been duly published.
Article 53
Right of archipelagic sea lanes passage
1. An archipelagic State may designate sea lanes and air routes thereabove,
suitable for the continuous and expeditious passage of foreign ships and
aircraft through or over its archipelagic waters and the adjacent
territorial sea.
2. All ships and aircraft enjoy the right of archipelagic sea lanes passage
in such sea lanes and air routes.
3. Archipelagic sea lanes passage means the exercise in accordance with
this Convention of the rights of navigation and overflight in the normal
mode solely for the purpose of continuous, expeditious and unobstructed
transit between one part of the high seas or an exclusive economic zone and
another part of the high seas or an exclusive economic zone.
4. Such sea lanes and air routes shall traverse the archipelagic waters and
the adjacent territorial sea and shall include all normal passage routes
used as routes for international navigation or overflight through or over
archipelagic waters and, within such routes, so far as ships are concerned,
all normal navigational channels, provided that duplication of routes of
similar convenience between the same entry and exit points shall not be
necessary.
5. Such sea lanes and air routes shall be defined by a series of continuous
axis lines from the entry points of passage routes to the exit points.
Ships and aircraft in archipelagic sea lanes passage shall not deviate more
than 25 nautical miles to either side of such axis lines during passage,
provided that such ships and aircraft shall not navigate closer to the
coasts than 10 per cent of the distance between the nearest points on
islands bordering the sea lane.
6. An archipelagic State which designates sea lanes under this article may
also prescribe traffic separation schemes for the safe passage of ships
through narrow channels in such sea lanes.
7. An archipelagic State may, when circumstances require, after giving due
publicity thereto, substitute other sea lanes or traffic separation schemes
for any sea lanes or traffic separation schemes previously designated or
prescribed by it.
8. Such sea lanes and traffic separation schemes shall conform to generally
accepted international regulations.
9. In designating or substituting sea lanes or prescribing or substituting
traffic separation schemes, an archipelagic State shall refer proposals to
the competent international organization with a view to their adoption. The
organization may adopt only such sea lanes and traffic separation schemes
as may be agreed with the archipelagic State, after which the archipelagic
State may designate, prescribe or substitute them.
10. The archipelagic State shall clearly indicate the axis of the sea lanes
and the traffic separation schemes designated or prescribed by it on charts
to which due publicity shall be given.
11. Ships in archipelagic sea lanes passage shall respect applicable sea
lanes and traffic separation schemes established in accordance with this
article.
12. If an archipelagic State does not designate sea lanes or air routes,
the right of archipelagic sea lanes passage may be exercised through the
routes normally used for internal navigation.
Article 54
Duties of ships and aircraft during their passage, research
and survey activities, duties of the archipelagic State and
laws and regulations of the archipelagic State relating to
archipelagic sea lanes passage
Articles 39, 40, 42 and 44 apply mutatis mutandis to archipelagic sea lanes
passage.
PART V
EXCLUSIVE ECONOMIC ZONE
Article 55
Specific legal regime of the exclusive economic zone
The exclusive economic zone is an area beyond and adjacent to the
territorial sea, subject to the specific legal regime established in this
Part, under which the rights and jurisdiction of the coastal State and the
rights and freedoms of other States are governed by the relevant provisions
of this Convention.
Article 56
Rights, jurisdiction and duties of the coastal State in the
exclusive economic zone
1. In the exclusive economic zone, the coastal State has:
(a) sovereign rights for the purpose of exploring and exploiting,
conserving and managing the natural resources, whether living or
non-living, of the waters superjacent to the 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 to exploit living resources
shall not be directly or indirectly transferred to third States or their
nationals by lease or licence, by establishing joint ventures or in any
other manner which has the effect of such transfer unless otherwise agreed
by the States concerned.
2. The foregoing provision does not preclude the States concerned from
obtaining technical or financial assistance from third States or
international organizations in order to facilitate the exercise of the
rights pursuant to articles 69 and 70, provided that it does not have the
effect referred to in paragraph 1.
Article 73
Enforcement of laws and regulations of the coastal State
1. The coastal State may, in the exercise of its sovereign rights to
explore, exploit, conserve and manage the living resources in the exclusive
economic zone, take such measures, including boarding, inspection, arrest
and judicial proceedings, as may be necessary to ensure compliance with the
laws and regulations adopted by it in conformity with this Convention.
2. Arrested vessels and their crews shall be promptly released upon the
posting of reasonable bond or other security.
3. Coastal State penalties for violations of fisheries laws and regulations
in the exclusive economic zone may not include imprisonment, in the absence
of agreements to the contrary by the States concerned, or any other form of
corporal punishment.
4. In cases of arrest or detention of foreign vessels the coastal State
shall promptly notify the flag State, through appropriate channels, of the
action taken and of any penalties subsequently imposed.
Article 74
Delimitation of the exclusive economic zone between States
with opposite or adjacent coasts
1. The delimitation of the exclusive economic zone between States with
opposite or adjacent coasts shall be effected by agreement on the basis of
international law, as referred to in Article 38 of the Statute of the
International Court of Justice, in order to achieve an equitable solution.
2. If no agreement can be reached within a reasonable period of time, the
States concerned shall resort to the procedures provided for in Part XV.
3. Pending agreement as provided for in paragraph 1, the States concerned,
in a spirit of understanding and 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.
