Compliance with Legislative Requirements - Classification of Sea

Introduction to International Maritime Law

1. Rules of International Law find their source in the explicit, written agreements of states.
2. International agreements are commonly called treaties, although they may also be termed conventions,
protocols, accords, or pacts.
3. Each are in the first place essentially contracts between nation.
4. Admiralty law covers disputes resulting from maritime casualties and private transactions related to ships
and the transport of cargoes and passengers by sea.
5. Admiralty Law a unique body of law, based on centuries of tradition emerging from the seafaring traditions
of the ancient Mediterranean world and enriched in recent years by International Agreements and National
Statutes.
6. Admiralty Law distinct from Ocean Law (Law of the Sea) which covers public-law relations among
governments, including maritime boundaries, navigational freedoms, resource exploitation, and
environmental protection.

United Nations Convention on Law of the Sea (UNCLOS)

UNCLOS stands for the United Nations Convention on the Law of the Sea, an International Treaty adopted in 1982
that entered into force on 16 Nov 1994. India ratified on 29 June 1995 and entered in force 16-11-1996.

It serves as the primary legal framework governing all ocean-related activities, including maritime navigation,
resource management, and environmental protection.
UNCLOS has divided the various areas of the world's seas into Zones of Jurisdiction.

• Internal waters
• Territorial Waters
• Archipelagic waters
• Contiguous zones
• Fisheries limits
• Continental Shelf
• Exclusive Economic Zone
• High Seas

➢ UNCLOS decides the coastal state jurisdiction in the waters mentioned above. None of the above zones are
obligatory and each coastal state has options to adopt them or not, subject to a maximum limit.
➢ The coastal state cannot impose its sovereignty in most of the zones, as it has limited rights.
➢ A ship master must never assume that his vessel is inside or outside a particular zone. For details, please
consult Annual Notices to Mariners No. 12 (National Claim to Maritime Jurisdiction).
➢ Countries have their boundaries clearly marked over land, but it is not the case with the sea areas along their
coasts. Countries have always wanted to hold control over their coastal waters. There has been a difficulty in
deciding how far out into the sea a country should be able to exercise this right.
➢ After the Second World War, the US first proclaimed its continental shelf in 1945 and later proclaimed to
conserve fisheries. Many countries followed that and started claiming territorial sovereignty in the sea as far
out as they wanted. That required an immediate action by appraisal of the International Law of The Sea.
➢ Numerous articles were prepared and circulated amongst the UN Member States between 1959 and 1961 by
the International Law Commission. Eventually, the UNCLOS, later to be known as UNCLOS-I was adopted in a
conference held in Geneva in 1958 where four treaties were debated and adopted. UNCLOS-I was not ratified
by most countries.
➢ The delay in ratification of UNCLOS-I led to the adoption of UNCLOS-II convened in 1960. The UNCLOS-II was
still not satisfactorily addressing certain issues of the UNCLOS-I especially defining the width territorial seas.
➢ A number of countries were becoming independent states when decolonization increased, and those states
joined the UN without having to accept the regimes of UNCLOS.
➢ The possibility arose where a larger and more powerful State could manipulate the UNCLOS and take unfair
commercial advantage over the smaller states in untapped deep-sea resources.
➢ The above-mentioned arguments led to the adoption of UNCLOS –III in 1974. 117 States had signed the
convention by the end of 1982, and it was finally concluded formally.

The following points summarize the main provisions of the Convention, which are very lengthy documents.

1. The width of territorial sea is set at 12 Nm and contiguous zone at 24 Nm.

2. Innocent passage through the territorial sea is defined.
3. International strait transit passages are defined.
4. Archipelagic waters defined and passage allowed through them.
5. Exclusive economic zone is limited to 200 Nm from the base line.
6. Continental shelf is defined and provision to extend jurisdiction over resources beyond 200 Nm.
7. Judiciary procedures over the high seas are defined.
8. Management of living resources beyond the limits of EEZ is regulated.
9. Clearly distinguishes between an island and a rock that cannot generate EEZ or continental shelf.
10. Marine pollution control regulations are established.
11. Marine scientific research regulations are established.
12. A Commission is established on the limits of continental shelf.
13. A procedure is set out for resolving disputes.
Baseline

Normal Baseline is the low-water line along the coastline as marked and officially recognized by the coastal state.
The Baseline is the seaward low-water line of the reef in case of islands situated on atolls or islands having fringing
reefs.

Straight Baselines are used where the coastline is deeply indented and cut into or if a fringe of islands is situated in
the immediate vicinity of the coastline.

Archipelagic Baseline Archipelagic states, which are states composed entirely of islands, can use a system of straight
baselines joining the outermost points of the outermost islands to enclose the waters within the archipelago.

Internal waters

The waters on the landward side of the baseline form part of the internal waters. In simple terms, it is the waters
between the shoreline and the baseline from which the territorial sea is measured. Coastal states have complete
sovereignty here, equivalent to their land territory, and foreign ships have no automatic Right of passage.

Wherever the use of straight Baseline has the effect of enclosing as internal waters which previously was not, a right
of innocent passage shall exist in those waters.

Foreign 'flag vessels have-right of innocent passage through internal waters in three cases only -

1. When the base line has been redrawn, to enclose waters previously seaward of the base line.
2. In case of force majeure i.e. When vessels enter internal waters involuntarily due to weather conditions,
mechanical failure. In these cases, the jurisdiction remains with the flag state.
3. For war ships and other public vessels, they are regarded as agents of the head of state of a country, and they
are granted immunity, provided they enter these waters with coastal states' consent.

Normally the coastal state will not enforce its own laws on a foreign flag vessel in internal waters except when its
particular interests are affected. e.g. offences caused by the vessel affecting the peace/order of the port.

1. Breach of custom and immigration regulations.

2. When the master of the vessel requests the coastal state to assist e.g. unruly passengers or mutiny on board.
3. When a third party or an outside person apart from crew is involved in an incident.
4. Breach of local regulations on pollution, navigation, pilotage etc.

Territorial sea - Maximum 12 nautical miles seaward from baselines.

The sovereignty of a coastal State extends over the territorial sea as well as to its bed and subsoil and the air space
above it, beyond its land territory and internal waters and, in the case of an archipelagic State, its archipelagic
waters.

Ships of all States, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea.
This right can be suspended for security reasons like weapon exercise. Under such conditions navigation warnings will
be transmitted and this can be only temporary.
Vessels must ensure their innocence. e.g. un-innocent activities are mainly military activities namely -

• Spying
• Threat or use of force against coastal state
• Weapon practices
• Intelligence gathering
• Propaganda activities
• Operation of aircraft
• Breaches of customs, financial, sanitary laws of the coastal state
• Act of wilful and serious pollution
• Unauthorised fishing
• Landing or taking on board any military device
• Research and survey activities – unauthorized
• Interfering with communication and any other facility or installation of the coastal state
• Any other activity not having a direct bearing on the passage.

Vessel must also comply with legislation which may further affect the conduct of innocent passage especially with
regards to regulation dealing with safety of navigation, protection of navaids, pipeline, submarine cables, collision
regs. etc.

In territorial seas the coastal states can only exercise jurisdiction in the following circumstances:

• If the result of the crime extended to the coastal state.

• If a crime disturbs the peace of the country or the good order of the territorial sea.
• On the request of master or agent of the Vessel.
• To suppress illicit traffic of drugs.

Civil Jurisdiction can only be exercised within territorial seas, on vessels which are passing through territorial seas
after leaving the coastal state internal water.

International Straits

a) Transit through International Straits is allowed and the bordering state may not impede the safe passage of vessels
passing through them. Bordering states should publicize navigational dangers. They may also maintain TSS and sea
lanes which passing vessels must observe.

b) Coastal states, bordering straits may enact regulations for pollution prevention, safety of navigation, fishing,
customs, immigration and sanitary arrangements and vessels must comply with them when passing through straits;
and if not then the flag state can be held responsible. This is apart from strict compliance with international
regulations SOLAS, MARPOL, Col. regs. etc.

Contiguous zone - Maximum 24 nautical miles from the baselines. Coastal State may exercise control in this zone
necessary to -

• Prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or
territorial sea.
• Punish infringement of the above laws and regulations committed within its territory or territorial sea.
Exclusive Economic Zone - Maximum 200 nautical miles from the baselines. The coastal State has sovereign rights in
this zone for -

• Exploring, exploiting, conserving and managing the natural resources, whether living or non- living, of the
waters super-jacent to the seabed and of the seabed and its subsoil.
• Production of energy from the water, currents and winds.
• Construction, operation, establishment and use of artificial islands, installations and structures.
• Marine scientific research.
• Protection and preservation of the marine environment.
• Determining the allowable catch of the living resources and its optimum utilization.

Navigation is free as on the "high seas" however near offshore installations it may be restricted.

If no EEZ has been declared, then the high seas start where the territorial sea ends.

Continental shelf of a coastal State comprises the seabed 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
depending on topography, maximum 350 miles.

• The coastal State has sovereign rights for the purpose of exploring and exploiting its natural resources
consisting of mineral and other non-living resources of the seabed 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 seabed or are unable to move except in constant physical contact with the seabed or the
subsoil.
• All States are entitled to lay submarine cables and pipelines on the continental shelf subject to the rights of
the coastal State 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 shall have the exclusive right to authorize and regulate drilling on the continental shelf for
all purposes. The coastal state can build/maintain and operate artificial islands, oil rigs etc for exploitation of
this zone and will exercise exclusive jurisdiction over customs, financial, health, safety, and immigration laws
etc. over these artificial islands. Safety zones of not more than 500m around installations will be marked for
safety of navigation around these islands.

Archipelagic Waters

These are given special status by UNCLOS due to their natural resources, but this status is only applicable for "Mid-
Ocean" states, having one or more archipelago e.g. Fiji, Lakshadweep etc.

They are considered same as the territorial sea of a nation with respect to power of coastal state. But the coastal
state has additional duties regarding access to fishing grounds and other legal activities, like laying, maintenance of
submarine cables.

To include the natural flora & fauna in these waters, the base line may be extended thus including the internal
waters of the archipelago state.

Foreign flag Vessels have the right to innocent passage through archipelagic waters.

Fisheries Zones

• The traditional fishery zone called the "Inland fishery zone" can extend up to 12 NM. from the base line. (Not
mentioned in UNCLOS).
 • As per UNCLOS this can extend up to 200 NM in which a coastal state may exercise exclusive fishing rights
(EFZ = Extended Fishing Zone)
• Vessels transiting EFZ must observe the local fishing regs. in force.

The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976

Enacted by Parliament on 25-08-1976

Sec. 1

The Act comes into force at once except for Sec. 5 and 7 which shall come into forces on dates as notified.

Sec. 3

• The sovereignty of India extends to the territorial waters and to the seabed and subsoil underlying, and the
air space over, such waters.
• The limit of the territorial waters is the line every point of which is at a distance of 12 nautical miles from the
nearest point of the baseline.
• The Central Government may alter the limit of the territorial waters after it is passed by both Houses of
Parliament.

Sec. 4

• All foreign ships (other than warships including submarines and other underwater vehicles) shall enjoy the
right of innocent passage through the territorial waters so long as it is not prejudicial to the peace, good
order or security of India.
• Foreign warships including submarines and other underwater vehicles may pass through the territorial
waters after giving prior notice to the Central Government, but submarines and other underwater vehicles
shall navigate on the surface and show their flag.
• The Central Government may suspend the entry of all or any class of foreign ships into such area of the
territorial waters as may be specified.

Sec. 5

• The contiguous zone of India is an area beyond and adjacent to the territorial waters and the limit is the line
every point of which is at a distance of 24 nautical miles from the nearest point of the baseline.
• The Central Government may alter the limit of the contiguous zone after it is passed by both Houses of
Parliament.
• The Central Government may exercise powers and take measures in the contiguous zone as it may consider
necessary with respect to security, immigration, sanitation, customs and other fiscal matters.

Sec. 6

• The continental shelf of India comprises the seabed and subsoil of the submarine areas that extend beyond
the limit of its territorial waters 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 baseline, whichever is greater.
 • India has full and exclusive sovereign rights in respect of its continental shelf for
• Exploration, exploitation, conservation and management of all resources;
• Construction, maintenance or operation of artificial islands, off-shore terminals, installations and other
structures and devices necessary for the exploration and exploitation of the resources of the continental
shelf or for the convenience of shipping or for any other purpose;
• Authorizing, regulating and controlling scientific research; and
• Preserving and protecting the marine environment and to prevent and control marine pollution.
• No person, including a foreign Government, shall explore the continental shelf or exploit its resources or
carry out any search or excavation or conduct any research within the continental shelf or drill therein or
construct, maintain or operate any artificial island, off-shore terminal, installation or other structure or
device therein for any purpose whatsoever, without the licence granted by the Central Government.
• The Central Government may declare any area of the continental shelf and its superjacent waters to be a
designated area and make provisions as it may deem necessary with respect to the purposes mentioned
above or with respect to customs and other fiscal matters.
• The Central Government may regulate entry into and passage through the designated area of foreign ships
by the establishment of fairways, sea lanes, traffic separation schemes or any other mode of ensuring
freedom of navigation which is not prejudicial to the interests of India.
• The Central Government may consent to the laying or maintenance of submarine cables or pipelines on the
continental shelf by foreign States after approving the delineation of the course of the cables or pipelines.

Sec. 7

• The exclusive economic zone (EEZ) of India is an area beyond and adjacent to the territorial waters, and the
limit is 200 nautical miles from the baseline.
• The Central Government may alter the limit of the EEZ after it is passed by both Houses of Parliament.
• In the EEZ the Union has sovereign rights for
• Exploration, exploitation, conservation and management of all resources.
• Construction, maintenance or operation of artificial islands, offshore terminals, installations and other
structures and devices necessary for the exploration and exploitation of the resources of the continental
shelf or for the convenience of shipping or for any other purpose.
• Authorizing, regulating and controlling scientific research; and
• Preserving and protecting the marine environment and to prevent and control marine pollution.
• Such other rights as are recognized by International Law.
• No person, including a foreign Government, shall explore the EEZ or exploit its resources or carry out any
search or excavation or conduct any research within the EEZ or drill therein or construct, maintain or operate
any artificial island, offshore terminal, installation or other structure or device therein for any purpose
whatsoever, without the licence granted by the Central Government. This shall not apply to fishing by a
citizen of India.
• The Central Government may declare any area of the EEZ and its super-jacent waters to be a designated area
and make provisions as it may deem necessary with respect to the purposes mentioned above or with
respect to customs and other fiscal matters.
• The Central Government may regulate entry into and passage through the designated area of foreign ships
by the establishment of fairways, sea lanes, traffic separation schemes or any other mode of ensuring
freedom of navigation which is not prejudicial to the interests of India.
• The Central Government may consent to the laying or maintenance of submarine cables or pipelines in the
EEZ by foreign States after approving the delineation of the course of the cables or pipelines.
• In the EEZ and the air space over it, ships and aircraft of all States shall, subject to the exercise by India of its
rights within the zone, enjoy freedom of navigation and over flight.
Sec. 8

• The Central Government may specify the limits of such waters adjacent to its land territory as are the historic
waters of India.
• The sovereignty of India extends to the historic waters and to the seabed and subsoil underlying, and the air
space over it.

Sec. 9

The maritime boundaries between India and any State whose coast is opposite or adjacent to that of India in regard
to their respective territorial waters, contiguous zones, continental shelves, EEZs and other maritime zones shall be as
determined by agreement between India and such State and pending such agreement, the maritime boundaries
between India and such State shall not extend beyond the line every point of which is equidistant from the nearest
point from which the breadth of the territorial waters of India and of such State are measured.

Sec. 10

The Central Government may publish in charts the baseline, the limits of the territorial waters, contiguous zone,
continental shelf, EEZ, historic waters of India and the maritime boundaries as settled by agreements.

Sec. 11

Whoever contravenes any provision of this Act or of any notification thereunder shall, without prejudice to any other
action which may be taken against such person under any other provision of this or of any other enactment, be
punishable with imprisonment which may extend to three years, or with fine, or with both.

Sec. 12

Where an offence under this Act or the rules made thereunder has been committed by a company, every person who
at the time the offence was committed was in charge of and was responsible to the company for the conduct of the
business of the company, as well as the company shall be deemed to be guilty of the offence and shall be proceeded
against and punished accordingly, unless the person proves that the offence was committed without his knowledge or
that he exercised all due diligence to prevent the commission of such offence.

Where an offence under this Act or the Rules made thereunder has been committed with the consent or connivance
of or due to any neglect of any Director, Manager, Secretary or other officer shall also be deemed to be guilty of that
offence and shall be proceeded against and punished accordingly.

Territorial sea and contiguous zone

The Territorial Sea extends up to 12 NM seaward from the Baseline and has a different judicial status from that of
internal waters. Well over 100 narrow straits around the world have lost their high seas corridor after the territorial
sea was extended to 12 Nm.

Foreign flag vessels can exercise the right of innocent passage through the territorial waters of a coastal state.
The coastal state shall not exercise criminal jurisdiction over a ship within its territorial waters except under the
following circumstances:

1. Consequences of crime extend to the coastal state

2. If a crime disturbs the peace of a country or good order of the territorial sea
3. If the Master of a foreign flag vessel requests intervention
4. Drug trafficking

For the purpose of exercising the right of innocent passage, the convention has defined the terms involved as follows:

“Passage” means:

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.

“Innocent Passage” means:

• 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.

• 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:

1. 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.
2. Any exercise or practice with weapons of any kind.
3. Any act aimed at collecting information to the prejudice of the defence or security of the coastal State
4. Any act of propaganda aimed at affecting the defence or security of the coastal State
5. The launching, landing or taking on board of any aircraft
6. The launching, landing or taking on board of any military device
7. 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
8. Any act of wilful and serious pollution contrary to this Convention
9. Any fishing activities
10. The carrying out of research or survey activities
11. Any act aimed at interfering with any systems of communication or any other facilities or installations of the
coastal State
12. Any other activity not having a direct bearing on passage
Duties of the coastal States:

1. The coastal State shall not hamper the innocent passage of a foreign flag ship in its territorial waters.

2. The coastal State shall not impose any requirements on foreign flag ships which have the practical effect of denying
or impairing the right of innocent passage.

3. The coastal State shall not discriminate against the ships of any particular State or against ships carrying particular
cargoes to, from or on behalf of any State.

4. The coastal State shall broadcast information on any danger to navigation, of which it is aware of, within its
territorial sea.

Contiguous Zone

The Contiguous Zone extends not more than 24 Nm from the Baseline seaward. The coastal State reserves
jurisdiction of a combination of revenue and public health or quarantine.

The coastal State can exercise control over foreign flag ships in its contiguous zone if it has reasonable grounds to act
on the following:

1. To prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or
territorial sea.

2. To punish infringement of the above laws and regulations committed within its territory or territorial sea.

International Straits

The International Straits are those narrow water ways 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.

All ships and aircraft enjoy the right of transit passage through the international straits, which shall not be impeded
subject to the conditions provided in this Convention.

The exercise of the freedom of navigation and over-flight 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 is known as a Transit Passage.

The requirement of continuous and expeditious transit does not preclude ships entering, leaving or returning from a
state along the border of the strait subject to the conditions to enter that state.

Ships in transit passage shall:

1. Proceed without delay through or over the strait.

2. Not use any force against the sovereignty and refrain from issuing any threat to territorial integrity or political
independence of States bordering the strait. The ship should not in any other manner violate the principles of
international law embodied in the Charter of the United Nations.

3. Should not indulge in activities other than those incidents to their normal modes of continuous and expeditious
transit unless rendered necessary by force majeure or by distress.

4. Comply with all relevant provisions of the UNCLOS.

5. Abide by generally accepted international regulations, procedures and practices for safety at sea, which includes
the International Regulations for Preventing Collisions at sea.

6. Comply with procedures and practices for the prevention, reduction and control of pollution from ships.

Duties of States bordering straits:

States which are bordering the strait shall not hamper the transit passage of a ship and shall broadcast information
on any danger to navigation or over-flight within or over the strait of which they are aware of. There shall be no
suspension of transit passage.

High seas

Under the UNCLOS convention, the term “High Seas” refers to all parts of the sea that are not included in the
exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an
archipelagic State.

The Convention declares the high seas open to all states irrespective of whether they are coastal or land locked. The
States can exercise the Freedom of the High Seas under the conditions laid down in this Convention.

The Freedom of the High Seas comprises of:

1. Freedom of navigation

2. Freedom of over-flight

3. Freedom to lay submarine cables and pipelines

4. Freedom of fishing

5. Freedom of scientific research

The above listed are subject to the conditions of the relevant parts of this Convention and other international law.

UNCLOS on Marine Pollution

Relevant provisions of UNCLOS relating to marine pollution -

PART XII. PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT

SECTION 1. GENERAL PROVISIONS

Article 192. General obligation

Article 193. Sovereign right of States to exploit their natural resources

Article 194. Measures to prevent, reduce and control pollution of the marine environment

Article 195. Duty not to transfer damage or hazards or transform one type of pollution into another Article 196. Use
of technologies or introduction of alien or new species
SECTION 2. GLOBAL AND REGIONAL COOPERATION

Article 197. Cooperation on a global or regional basis

Article 198. Notification of imminent or actual damage

Article 199. Contingency plans against pollution

Article 200. Studies, research programmes and exchange of information and data

Article 201. Scientific criteria for regulations

SECTION 3. TECHNICAL ASSISTANCE

Article 202. Scientific and technical assistance to developing States

Article 203. Preferential treatment for developing States

SECTION 4. MONITORING AND ENVIRONMENTAL ASSESSMENT

Article 204. Monitoring of the risks or effects of pollution

Article 205. Publication of reports

Article 206. Assessment of potential effects of activities

SECTION 5. INTERNATIONAL RULES AND NATIONAL LEGISLATION TO PREVENT, REDUCE AND CONTROL POLLUTION OF
THE MARINE ENVIRONMENT

Article 207. Pollution from land-based sources

Article 208. Pollution from seabed activities subject to national jurisdiction

Article 209. Pollution from activities in the Area

Article 210. Pollution by dumping Article 211. Pollution from vessels

Article 212. Pollution from or through the atmosphere

SECTION 6. ENFORCEMENT

Article 213. Enforcement with respect to pollution from land-based sources

Article 214. Enforcement with respect to pollution from seabed activities

Article 215. Enforcement with respect to pollution from activities in the Area

Article 216. Enforcement with respect to pollution by dumping.

Article 217. Enforcement by flag States

Article 218. Enforcement by port States

Article 219. Measures relating to seaworthiness of vessels to avoid pollution

Article 220. Enforcement by coastal States

Article 221. Measures to avoid pollution arising from maritime casualties

Article 222. Enforcement with respect to pollution from or through the atmosphere

SECTION 7. SAFEGUARDS

Article 223. Measures to facilitate proceedings

Article 224. Exercise of powers of enforcement

Article 225. Duty to avoid adverse consequences in the exercise of the powers of enforcement

Article 226. Investigation of foreign vessels

Article 227. Non-discrimination with respect to foreign vessels

Article 228. Suspension and restrictions on institution of proceedings

Article 229. Institution of civil proceedings

Article 230. Monetary penalties and the observance of recognized rights of the accused

Article 231. Notification to the flag State and other States concerned

Article 232. Liability of States arising from enforcement measures

Article 233. Safeguards with respect to straits used for international navigation

SECTION 8. ICE-COVERED AREAS

Article 234. Ice-covered areas

SECTION G. RESPONSIBILITY AND LIABILITY

Article 235. Responsibility and liability

SECTION 10. SOVEREIGN IMMUNITY

Article 236. Sovereign immunity

SECTION 11. OBLIGATIONS UNDER OTHER CONVENTIONS ON THE PROTECTION AND PRESERVATION OF THE MARINE
ENVIRONMENT

Article 237. Obligations under other conventions on the protection and preservation of the marine environment.