{"id":3627,"date":"2019-06-10T08:55:07","date_gmt":"2019-06-10T08:55:07","guid":{"rendered":"http:\/\/english.bashariyat.org\/?p=3627"},"modified":"2019-06-10T08:55:07","modified_gmt":"2019-06-10T08:55:07","slug":"convention-on-the-territorial-sea-and-the-contiguous-zone","status":"publish","type":"post","link":"https:\/\/english.bashariyat.org\/?p=3627","title":{"rendered":"Convention on the Territorial Sea and the Contiguous Zone"},"content":{"rendered":"
\n

Done <\/strong>at Geneva on 29 April 1958<\/p>\n

The States Parties to this Convention<\/em><\/p>\n

Have agreed<\/em>\u00a0as follows:<\/p>\n<\/div>\n

Part I.<\/em>
\nTerritorial Sea<\/em><\/h4>\n

Section I.
\nGeneral<\/h4>\n

Article 1<\/strong><\/em><\/span>
\n1. The sovereignty of a State extends, beyond its land territory and its internal waters, to a belt of
\nsea adjacent to its coast, described as the territorial sea.
\n2. This sovereignty is exercised subject to the provisions of these articles and to other rules of
\ninternational law.<\/p>\n

Article 2<\/strong><\/em><\/span>
\nThe sovereignty of a coastal State extends to the air space over the territorial sea as well as to its
\nbed and subsoil.<\/p>\n

Section II.
\nLimits of the Territorial Sea<\/h4>\n

Article 3<\/strong><\/em><\/span>
\nExcept where otherwise provided in these articles, the normal baseline for measuring the breadth
\nof the territorial sea is the low-water line along the coast as marked on large-scale charts officially
\nrecognized by the coastal State.<\/p>\n

Article 4<\/strong><\/em><\/span>
\n1.In localities where the coastline is deeply indented and cut into, or if there is a fringe of islands
\nalong the coast in its immediate vicinity, the method of straight baselines joining appropriate points may
\nbe employed in drawing the baseline from which the breadth of the territorial sea is measured.
\n2.The drawing of such baselines must not depart to any appreciable extent from the general
\ndirection of the coast, and the sea areas lying within the lines must be sufficiently closely linked to the
\nland domain to be subject to the regime of internal waters.
\n3.Baselines shall not be drawn to and from low-tide elevations, unless lighthouses or similar
\ninstallations which are permanently above sea level have been built on them.
\n4.Where the method of straight baselines is applicable under the provisions of paragraph 1,
\naccount may be taken, in determining particular baselines, of economic interests peculiar to the region
\nconcerned, the reality and the importance of which are clearly evidenced by a long usage.
\n5.The system of straight baselines may not be applied by a State in such a manner as to cut off
\nfrom the high seas the territorial sea of another State.
\n6.The coastal State must clearly indicate straight baselines on charts, to which due publicity must
\nbe given.<\/p>\n

Article 5<\/strong><\/em><\/span>
\n1.Waters on the landward side of the baseline of the territorial sea form part of the internal waters
\nof the State.
\n2.Where the establishment of a straight baseline in accordance with article 4 has the effect of
\nenclosing as internal waters areas which previously had been considered as part of the territorial sea or
\nof the high seas, a right of innocent passage, as provided in articles 14 to 23, shall exist in those waters.<\/p>\n

Article 6<\/strong><\/em><\/span>
\nThe outer limit of the territorial sea is the line every point of which is at a distance from the
\nnearest point of the baseline equal to the breadth of the territorial sea.<\/p>\n

Article 7<\/strong><\/em><\/span>
\n1.This article relates only to bays the coasts of which belong to a single State.
\n2.For the purposes of these articles, a bay is a well-marked indentation whose penetration is in
\nsuch proportion to the width of its mouth as to contain land-locked waters and constitute more than a
\nmere curvature of the coast. An indentation shall not, however, be regarded as a bay unless its area is as
\nlarge as, or larger than, that of the semicircle whose diameter is a line drawn across the mouth of that
\nindentation.
\n3.For the purpose of measurement, the area of an indentation is that lying between the low-water
\nmark around the shore of the indentation and a line joining the low-water marks of its natural entrance
\npoints. Where, because of the presence of islands, an indentation has more than one mouth, the
\nsemicircle shall be drawn on a line as long as the sum total of the lengths of the lines across the different
\nmouths. Islands within an indentation shall be included as if they were part of the water areas of the
\nindentation.
\n4.If the distance between the low-water marks of the natural entrance points of a bay does not
\nexceed twenty-four miles, a closing line may be drawn between these two low-water marks, and the
\nwaters enclosed thereby shall be considered as internal waters.
\n5.Where the distance between the low-water marks of the natural entrance points of a bay exceed
\ntwenty-four miles, a straight baseline of twenty-four miles shall be drawn within the bay in such a
\nmanner as to enclose the maximum area of water that is possible with a line of that length.
\n6.The foregoing provisions shall not apply to so-called \u201chistoric\u201d bays, or in any case where the
\nstraight baseline system provided for in article 4 is applied.<\/p>\n

Article 8<\/strong><\/em><\/span>
\nFor the purpose of delimiting the territorial sea, the outermost permanent harbor works which
\nform an integral part of the harbor system shall be regarded as forming part of the coast.<\/p>\n

Article 9<\/strong><\/em><\/span>
\nRoadsteads which are normally used for the loading, unloading and anchoring of ships, and which
\nwould otherwise be situated wholly or partly outside the outer limit of the territorial sea, are included in
\nthe territorial sea. The coastal State must clearly demarcate such roadsteads and indicate them on charts
\ntogether with their boundaries, to which due publicity must be given.<\/p>\n

Article 10<\/strong><\/em><\/span>
\n1.An island is a naturally formed area of land, surrounded by water, which is above water at high
\ntide.
\n2.The territorial sea of an island is measured in accordance with the provisions of these articles.<\/p>\n

Article 11<\/strong><\/em><\/span>
\n1.A low-tide elevation is a naturally formed area of land which is surrounded by and above water
\nat low tide but submerged at high tide. Where a low-tide elevation is situated wholly or partly at a
\ndistance not exceeding the breadth of the territorial sea from the mainland or an island, the low-water
\nline on that elevation may be used as the baseline for measuring the breadth of the territorial sea.
\n2.Where a low-tide elevation is wholly situated at a distance exceeding the breadth of the
\nterritorial sea from the mainland or an island, it has no territorial sea of its own.<\/p>\n

Article 12<\/strong><\/em><\/span>
\n1.Where the coasts of two States are opposite or adjacent to each other, neither of the two States
\nis entitled, failing agreement between them to the contrary, to extend its territorial sea beyond the
\nmedian line every point of which is equidistant from the nearest points on the baselines from which the
\nbreadth of the territorial seas of each of the two States is measured. The provisions of this paragraph
\nshall not apply, however, where it is necessary by reason of historic title or other special circumstances
\nto delimit the territorial seas of the two States in a way which is at variance with this provision.
\n2.The line of delimitation between the territorial seas of two States lying opposite to each other or
\nadjacent to each other shall be marked on large-scale charts officially recognized by the coastal States.<\/p>\n

Article 13<\/strong><\/em><\/span>
\nIf a river flows directly into the sea, the baseline shall be a straight line across the mouth of the
\nriver between points on the low-tide line of its banks.<\/p>\n

Section III.
\nRight of Innocent Passage<\/h4>\n

Subsection A. Rules applicable to all ships<\/strong><\/span><\/p>\n

Article 14<\/strong><\/em><\/span>
\n1.Subject to the provisions of these articles, ships of all States, whether coastal or not, shall enjoy
\nthe right of innocent passage through the territorial sea.
\n2.Passage means navigation through the territorial sea for the purpose either of traversing that sea
\nwithout entering internal waters, or of proceeding to internal waters, or of making for the high seas from
\ninternal waters.
\n3.Passage includes stopping and anchoring, but only insofar as the same are incidental to ordinary
\nnavigation or are rendered necessary by force majeure or by distress.
\n4.Passage is innocent so long as it is not prejudicial to the peace, good order or security of the
\ncoastal State. Such passage shall take place in conformity with these articles and with other rules of
\ninternational law.
\n5.Passage of foreign fishing vessels shall not be considered innocent if they do not observe such
\nlaws and regulations as the coastal State may make and publish in order to prevent these vessels from
\nfishing in the territorial sea.
\n6.Submarines are required to navigate on the surface and to show their flag.<\/p>\n

Article 15<\/strong><\/em><\/span>
\n1.The coastal State must not hamper innocent passage through the territorial sea.
\n2.The coastal State is required to give appropriate publicity to any dangers to navigation, of
\nwhich it has knowledge, within its territorial sea.<\/p>\n

Article 16<\/strong><\/em><\/span>
\n1.The coastal State may take the necessary steps in its territorial sea to prevent passage which is
\nnot innocent.
\n2.In the case of ships proceeding to internal waters, the coastal State shall also have the right to
\ntake the necessary steps to prevent any breach of the conditions to which admission of those ships to
\nthose waters is subject.
\n3.Subject to the provisions of paragraph 4, the coastal State may, without discrimination amongst
\nforeign ships, suspend temporarily in specified areas of its territorial sea the innocent passage of foreign
\nships if such suspension is essential for the protection of its security. Such suspension shall take effect
\nonly after having been duly published.
\n4.There shall be no suspension of the innocent passage of foreign ships through straits which are
\nused for international navigation between one part of the high seas and another part of the high seas or
\nthe territorial sea of a foreign State.<\/p>\n

Article 17<\/strong><\/em><\/span>
\nForeign ships exercising the right of innocent passage shall comply with the laws and regulations
\nenacted by the coastal State in conformity with these articles and other rules of international law and, in
\nparticular, with such laws and regulations relating to transport and navigation.<\/p>\n

Subsection B. Rules applicable to merchant ships<\/strong><\/span><\/p>\n

Article 18<\/strong><\/em><\/span>
\n1.No charge may be levied upon foreign ships by reason only of their passage through the
\nterritorial sea.
\n2.Charges may be levied upon a foreign ship passing through the territorial sea as payment only
\nfor specific services rendered to the ship. These charges shall be levied without discrimination.<\/p>\n

Article 19<\/strong><\/em><\/span>
\n1.The criminal jurisdiction of the coastal State should not be exercised on board a foreign ship
\npassing through the territorial sea to arrest any person or to conduct any investigation in connection with
\nany crime committed on board the ship during its passage, save only in the following cases:<\/p>\n

(a) If the consequences of the crime extend to the coastal State; or
\n(b) If the crime is of a kind to disturb the peace of the country or the good order of the territorial sea;
\nor
\n(c) If the assistance of the local authorities has been requested by the captain of the ship or by the
\nconsul of the country whose flag the ship flies; or
\n(d) If it is necessary for the suppression of illicit traffic in narcotic drugs.<\/p>\n

2.The above provisions do not affect the right of the coastal State to take any steps authorized by
\nits laws for the purpose of an arrest or investigation on board a foreign ship passing through the
\nterritorial sea after leaving internal waters.
\n3.In the cases provided for in paragraphs 1 and 2 of this article, the coastal State shall, if the
\ncaptain so requests, advise the consular authority of the flag State before taking any steps, and shall
\nfacilitate contact between such authority and the ship\u2019s crew. In cases of emergency this notification
\nmay be communicated while the measures are being taken.
\n4.In considering whether or how an arrest should be made, the local authorities shall pay due
\nregard to the interests of navigation.
\n5.The coastal State may not take any steps on board a foreign ship passing through the territorial
\nsea to arrest any person or to conduct any investigation in connection with any crime committed before
\nthe ship entered the territorial sea, if the ship, proceeding from a foreign port, is only passing through
\nthe territorial sea without entering internal waters.<\/p>\n

Article 20<\/strong><\/em><\/span>
\n1.The coastal State should not stop or divert a foreign ship passing through the territorial sea for
\nthe purpose of exercising civil jurisdiction in relation to a person on board the ship.
\n2.The coastal State may not levy execution against or arrest the ship for the purpose of any civil
\nproceedings, save only in respect of obligations or liabilities assumed or incurred by the ship itself in the
\ncourse or for the purpose of its voyage through the waters of the coastal State.
\n3.The provisions of the previous paragraph are without prejudice to the right of the coastal State,
\nin accordance with its laws, to levy execution against or to arrest, for the purpose of any civil
\nproceedings, a foreign ship lying in the territorial sea, or passing through the territorial sea after leaving
\ninternal waters.<\/p>\n

Subsection C. Rules applicable to government ships<\/span> other than warships<\/strong><\/p>\n

Article 21<\/strong><\/em><\/span>
\nThe rules contained in subsections A and B shall also apply to government ships operated for
\ncommercial purposes.<\/p>\n

Article 22<\/strong><\/em><\/span>
\n1.The rules contained in subsection A and in article 18 shall apply to government ships operated
\nfor non-commercial purposes.
\n2.With such exceptions as are contained in the provisions referred to in the preceding paragraph,
\nnothing in these articles affects the immunities which such ships enjoy under these articles or other rules
\nof international law.<\/p>\n

Subsection D. Rules applicable to warships<\/strong><\/span><\/p>\n

Article 23<\/strong><\/em><\/span>
\nIf any warship does not comply with the regulations of the coastal State concerning passage
\nthrough the territorial sea and disregards any request for compliance which is made to it, the coastal
\nState may require the warship to leave the territorial sea.<\/p>\n

Part II.<\/strong><\/em>
\nContiguous Zone<\/strong><\/em><\/h4>\n

Article 24<\/strong><\/em><\/span>
\n1.In a zone of the high seas contiguous to its territorial sea, the coastal State may exercise the
\ncontrol necessary to:<\/p>\n

(a) Prevent infringement of its customs, fiscal, immigration or sanitary regulations within its territory
\nor territorial sea;
\n(b) Punish infringement of the above regulations committed within its territory or territorial sea.<\/p>\n

2.The contiguous zone may not extend beyond twelve miles from the baseline from which the
\nbreadth of the territorial sea is measured.
\n3.Where the coasts of two States are opposite or adjacent to each other, neither of the two States
\nis entitled, failing agreement between them to the contrary, to extend its contiguous zone beyond the
\nmedian line every point of which is equidistant from the nearest points on the baselines from which the
\nbreadth of the territorial seas of the two States is measured.<\/p>\n

PART III.<\/em><\/strong>
\nFinal Articles<\/em><\/strong><\/h4>\n

Article 25<\/strong><\/em><\/span>
\nThe provisions of this Convention shall not affect conventions or other international agreements
\nalready in force, as between States Parties to them.<\/p>\n

Article 26<\/strong><\/em><\/span>
\nThis Convention shall, until 31 October 1958, be open for signature by all States Members of the
\nUnited Nations or of any of the specialized agencies, and by any other State invited by the General
\nAssembly of the United Nations to become a Party to the Convention.<\/p>\n

Article 27<\/strong><\/em><\/span>
\nThis Convention is subject to ratification. The instruments of ratification shall be deposited with
\nthe Secretary-General of the United Nations.<\/p>\n

Article 28<\/strong><\/em><\/span>
\nThis Convention shall be open for accession by any States belonging to any of the categories
\nmentioned in article 26. The instruments of accession shall be deposited with the Secretary-General of
\nthe United Nations.<\/p>\n

Article 29<\/strong><\/em><\/span>
\n1.This Convention shall come into force on the thirtieth day following the date of deposit of the
\ntwenty-second instrument of ratification or accession with the Secretary-General of the United Nations.
\n2.For each State ratifying or acceding to the Convention after the deposit of the twenty-second
\ninstrument of ratification or accession, the Convention shall enter into force on the thirtieth day after
\ndeposit by such State of its instrument of ratification or accession.<\/p>\n

Article 30<\/strong><\/em><\/span>
\n1.After the expiration of a period of five years from the date on which this Convention shall enter
\ninto force, a request for the revision of this Convention may be made at any time by any Contracting
\nParty by means of a notification in writing addressed to the Secretary-General of the United Nations.
\n2.The General Assembly of the United Nations shall decide upon the steps, if any, to be taken in
\nrespect of such request.<\/p>\n

Article 31<\/strong><\/em><\/span>
\nThe Secretary-General of the United Nations shall inform all States Members of the United
\nNations and the other States referred to in article 26:<\/p>\n

(a) Of signatures to this Convention and of the deposit of instruments of ratification or accession, in
\naccordance with articles 26, 27 and 28;
\n(b) Of the date on which this Convention will come into force, in accordance with article 29;
\n(c) Of requests for revision in accordance with article 30.<\/p>\n

Article 32<\/strong><\/em><\/span>
\nThe original of this Convention, of which the Chinese, English, French, Russian and Spanish texts
\nare equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall
\nsend certified copies thereof to all States referred to in article 26.<\/p>\n

IN WITNESS WHEREOF<\/strong> the undersigned Plenipotentiaries, being duly authorized thereto by their
\nrespective Governments, have signed this Convention.<\/p>\n

DONE<\/strong> at Geneva, this twenty-ninth day of April one thousand nine hundred and fifty-eight.
\n_____________<\/p>\n","protected":false},"excerpt":{"rendered":"

Done at Geneva on 29 April 1958 The States Parties to this Convention Have agreed\u00a0as follows:<\/p>

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