LAW OF THE SEA (UNCLOS)
THE UNITED NATIONS CONVENTION ON THE LAW OF THE
SEA (UNCLOS), ALSO CALLED THE LAW OF THE SEA CONVENTION OR
THE LAW OF THE SEA TREATY, IS AN INTERNATIONAL AGREEMENT
THAT ESTABLISHES A LEGAL FRAMEWORK FOR ALL MARINE AND
MARITIME ACTIVITIES.
IMO CONVENTION ADOPTED IN 1982 AND IN FORCE ON 1994
About UNCLOS
• UNCLOS lays down a comprehensive regime of law
and order in the world’s oceans and seas.
• The 1982 convention was signed by 117 states
and it establishes rules governing all uses of the
ocean and its resources.
• The convention also provides the framework for
the development of a specific area of law of the
sea.
• The convention is a lengthy document having 446
articles group in 7 parts in 9 annexes.
• UNCLOS came into force internationally on
16th Nov 1994.
Objectives of the
UNCLOS
1. To
promote the peaceful use of the seas
and oceans;
2. To
facilitate International
Communications;
3. Toenable equitable and efficient
utilisation of ocean resources;
4. To
protect and preserve the marine
environment;
5. To promote Maritime safety.
Evolution of UNCLOS
Law of the Sea history can be traced back to the
Geneva Convention of 1958 also called UNCLOS I.
The second one was in 1960 and was called
UNCLOS II.
The third one was in 1974 – UNCLOS III.
The final one in 1982 was called UNCLOS.
UNCLOS has come in to force internationally
on 16th Nov’ 1994.
UNCLOS TERRITORIES
UNCLOS has divided the various areas of the world’s seas into Zones
of Jurisdiction. They are as follows,
a. Internal waters
b. Territorial waters
c. Contiguous zones
d. Exclusive Economic zone
e. Continental Shelf
f. High Seas.
g. Archipelagic waters
h. Fisheries limits
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 maximum
limit.
The coastal state cannot impose its sovereignty in most of the zones,
as it has limited rights.
INTERNAL WATERS
This extends from the shore to the base line. Within these waters
the coastal state has jurisdiction over all ships when they
voluntarily enter these waters.
Q) What are the RIGHTS OF FOREIGN FLAG
VESSELS in Internal Waters ?
They have rights 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, 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.
INTERNAL WATERS,
Contd
Q) What can happen if FOREIGN FLAG Vessels
enter Internal waters of another country ?
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 as below: (4
CASES)
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.
Q3) What is a BASE LINE ?
The normal baseline of the territorial sea is
determined using appropriate points along the low
water line of the coast.
Straight baselines can be drawn joining
appropriate points along a deeply indented coastline
or fringe of islands along the coast in its immediate
vicinity. Where appropriate, lines drawn using a
combination of both methods can be used.
Normal baseline points are called "normal" because
they follow the natural coastal landscape. They can
be selected on capes, headlands and islands, but are
most often located on low-tide elevations (rocks,
reefs, drying sandbanks or the limit of the low-water
line).
Territorial Sea
They may extend to a max of 12 nm from the base
line.
1. It is a part of the territory of a coastal state but it
differs from internal waters. Foreign flag vessels
have right of innocent passage through it.
2. This right can be suspended for security reasons like
weapon exercise. Under such conditions navigation
warnings will be transmitted and this can only be
temporary.
Territorial Sea, Contd
3. Vessels must ensure their innocence e.g non innocent activities are
mainly military activities namely: Spying, Weapon practice,
Intelligence gathering, Act of willful and serious pollution,
Unauthorized fishing etc.
4. Vessel must also comply with legislation which may further effect
the conduct of innocent passage especially with regards to
regulation dealing with safety of navigation, protection of navaids,
pipeline, submarine cables, collision regs etc.
Q) When can a COASTAL STATE exercise criminal
jurisdiction in Territorial Sea?
a) If the result of the crime extended to the coastal state.
b) If a crime disturbs the peace of the country or the good order of
the territorial sea.
c) On the request of master or agent of the vessel.
d) To suppress illicit traffic of drugs.
Territorial Sea, Contd
Q) When is Civil jurisdiction exercised within
territorial seas?
Only on vessels which are passing through territorial seas, on
vessels which are passing through territorial seas after leaving
the coastal state internal water.
5.a) Transit through international straits For eg. Strait of Hormuz is
allowed and the bordering state may not impede the safe
passage of vessels passing through them. Bordering states
should publicize navigational dangers.
5.b) Coastal states, bordering the 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 the straits; and if not
then flag state can be held responsible. This is apart from strict
compliance with International regulations, SOLAS, MARPOL, etc.
Features of Territorial
1. Sea
The foreign flag would have a right to innocent passage
through the territorial waters.
2. An innocent passage can be suspended temporarily in
specified areas for the coastal States security or to conduct a
weapon exercise.
3. Criminal jurisdiction can be exercised by the coastal state on
foreign flag vessels in a territorial sea.
4. Civil jurisdiction can only be exercised if the vessel is passing
through the territorial sea after leaving the internal waters.
5. Transit passage is allowed for Ship through the straits.
6. States may enact legislation concerning the safety of
navigation, pollution prevention, uncontrolled fishing
activities, customs, immigration, health and sanitary
arrangements.
Q) What is - Right to Innocent
Passage
Ships of all states whether coastal or landlocked has the
right of innocent passage through the territorial waters.
Innocent Passage means navigation through the territorial
sea for the purpose of:
• traversing that sea without entering internal waters or
calling at a roadstead or port facility outside internal
waters; or
• proceeding to or from internal waters or a call at such
roadstead or port facility.
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.
Q) When can an Innocent Passage turn
into Non Innocent ?
1. A passage is innocent so long as it is not affecting the peace,
good order or security of the coastal State. Such passage shall
take place in conformity with this Convention and with other
rules of international law.
2. Passage of a foreign ship shall be considered to be affecting
the peace, good order or security of the coastal State if in the
territorial sea it engages in any of the following activities:
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Q) LIST OF NON INNOCENT ACTIVITIES ?
(a) any threat or use of force against the sovereignty, territorial
integrity or political independence of the coastal State, or in any
other manner in violation of the principles of international law
embodied in the Charter of the United Nations;
(b) any exercise or practice with weapons of any kind;
(c) any act aimed at collecting information to the prejudice of
the defence or security of the coastal State;
Non Innocent Activities (Con’d)
d) any act of propaganda aimed at affecting the defence or
security of the coastal State;
(e) the launching, landing or taking on board of any aircraft;
(f) the launching, landing or taking on board of any military
device;
(g) the loading or unloading of any commodity, currency or
person contrary to the customs, fiscal, immigration or sanitary
laws and regulations of the coastal State;
(h) any act of wilful and serious pollution contrary to this
Convention;
(i) any fishing activities;
(j) the carrying out of research or survey activities;
(k) any act aimed at interfering with any systems of
communication or any other facilities or installations of the
coastal State;
(l) any other activity not having a direct bearing on passage.
Q) What is - Right to Transit Passage
(Strait Passage)
This applies to STRAITS which are used for
international navigation between one part of the
high seas or an exclusive economic zone and
another part of the high seas or an exclusive
economic zone.
In straits, all ships and aircraft enjoy the right of
transit passage, which shall not be impeded; except
that, if the strait is formed by an island of a State
bordering the strait and its mainland, transit passage
shall not apply if there exists seaward of the island a
route through the high seas or through an exclusive
economic zone of similar convenience with respect
to navigational and hydrographical characteristics.
Q) What is - Right to Transit Passage
(Strait Passage)
Transit passage means the exercise in of the freedom
of navigation and overflight solely for the purpose of a
continuous and expeditious transit of the strait
between one part of the high seas or an exclusive
economic zone and another part of the high seas or an
exclusive economic zone. However, the requirement of
continuous and expeditious transit does not preclude
passage through the strait for the purpose of entering,
leaving or returning from a State bordering the strait,
subject to the conditions of entry to that State.
Any activity which is not an exercise of the right of
transit passage through a strait remains subject to the
other applicable provisions of UNCLOS.
Duties of Ships during Transit
1. Ships while exercising the right of transit passage,
shall:
• proceed without delay through or over the strait;
• refrain from any threat or use of force against the
sovereignty, territorial integrity or political
independence of States bordering the strait, or in
any other manner in violation of the principles of
international law embodied in the Charter of the
United Nations;
• refrain from any activities other than those incidents
to their normal modes of continuous and expeditious
transit unless rendered necessary
by force majeure or by distress;
• comply with other relevant provisions of this Part.
Duties of Ships during Transit (Cont’d)
2. Ships in transit passage shall:
• comply with generally accepted international
regulations, procedures and practices for safety at
sea, including the International Regulations for
Preventing Collisions at Sea;
• comply with generally accepted international
regulations, procedures and practices for the
prevention, reduction and control of pollution from
ships.
Difference between Right to Innocent Passage and Right to
Unimpeded Transit Passage
Right to Unimpeded Transit
Right to Innocent Passage
Passage
1. may be suspended by the
1. can never be suspended in
coastal state on account of its
times of peace or war.
own security.
2. submarines transiting
2. submarines may transit
territorial waters have to do so
submerged and no need to show
on the surface and show their
their flag.
flag.
3. warships transiting the
territorial waters of another
3. No such thing applies within
state may be subject to
straits.
provisions of prior notification or
permission.
4. does not apply to airspace 4. right to passage for aircraft
above it. using airspace over it.
CONTIGUOUS ZONE
Contiguous zone generally extends 12 nautical
miles beyond the territorial sea limit. It
consists of a combination of Revenue and
Public health or Quarantine jurisdiction.
The coastal state can act upon a a foreign flag
vessel beyond the territorial see if there are
reasonable grounds for assuming they are
about to violate Customs or Public Health
Regulations.
CONTIGUOUS ZONE (Cont’d)
In a zone contiguous to its territorial sea, described as
the contiguous zone, the coastal State may exercise the
control necessary to:
1. prevent infringement of its customs, fiscal,
immigration or sanitary laws and regulations within its
territory or territorial sea;
2. punish infringement of the above laws and regulations
committed within its territory or territorial sea.
3. Vessels which infringe these laws may be detained by
the state within this zone.
4. Foreign vessels have a right to innocent passage in
CZ.
Exclusive Economic
zone
1. Can extend up to 200 NM from the base
line.
2. Within these the coastal states can claim
rights and duties for natural resources.
3. Navigation is free as on the high seas
however near offshore installations may be
restricted.
4. If no EEZ has been declared then the high
seas starts where the territorial sea ends.
Q) What are the rights of COASTAL STATE in
EEZ ?
1. Sovereign rights for the purpose of exploring and
exploiting, conserving and managing the natural
resources, whether living or non-living, of the 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.
2. Can enact regulations on pollution and environmental
protection.
3. Has exclusive right to construct artificial islands and
security zones.
4. Has exclusive right to fishing and development of fish
farms.
5. Can conduct scientific research and marine exploration.
Want rights do the Foreign Flag
Vessels have in Exclusive economic
zone:
1. Freedom of navigation as in high seas.
2. Laysubmarine cable/pipeline that is passing
through EEZ.
3. Observe Pollution regulations as per the
coastal state regulations.
4. Fishinggear if carried must be stored/secured
condition. No fishing allowed.
5. Respect and comply with the security zones
of the offshore installations, artificial islands
of the coastal state.
CONTINENTAL SHELF
1. May extend well beyond 200 Nm from the base line up
to 350 Nm as it depends upon the topography and
depth of the ocean bed in that area.
2. It does not form a territory of a coastal state. It is a
resource zone where a coastal state may prospect it for
natural resources like mineral oil and other non-living
resources of the sea bed, with living resources
belonging to the sedentary species ( plants corals etc.)
3. 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.
4. Safety zones of not more than 500m around
installations will be marked for safety of navigation
around these islands.
Q) What are the rights of COASTAL
STATE IN the Continental Shelf ?
1. Exercises over the continental shelf sovereign rights
for the purpose of exploring it and exploiting its natural
resources.
2. 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. All states are entitled to lay Submarine Cables and
pipelines on the continental shelf. Coastal states may
not impede the laying or maintenance of such cables or
pipelines.
HIGH SEAS
1. These are all parts of the seas not included in the EEZ,
territorial sea or internal waters of a state or archipelagic
waters of an archipelago state.
2. These are open to all states. Freedom here means
FREEDOM OF NAVIGATION , over flight, laying of
submarine cables / pipelines, construction of artificial
island and installations, permitted by international law
fishing and scientific research.
3. War ships, here have full immunity from any state, other
than the flag state.
4. Ships owned / operated by a state used only for Govt non-
commercial services have similar immunity.
5. In the event of a collision or other incident of navigation
on high seas, no penal or disciplinary measures may be
started unless by the judicial/ administrative , authorities
either of flag state or by the state of which the person
High Seas, Contd
All ships are duly bound to help/assist a person in
danger of being lost to distress call and after collision to
render assistance and exchange information and identity
with the other ship.
On the high seas UNCLOS also provides for provision of
hot pursuit for a coastal state which include the
following,
a. Piracy,
b. Pollution,
c. Illicit narcotic drugs trafficking,
d. Unauthorized broadcasting.
On the high seas the willful damage to submarine
cables or high power cables except for the purpose of
saving life is considered a punishable offence in which
a coast state may proceed against flag state and
Q) Rights in HIGH SEAs ?
1. Freedom of navigation.
2. Freedom of overflight.
3. Freedom of laying submarine cables and
pipelines.
4. Freedom to construct artificial islands and
other installations permitted under
international law.
5. Freedom of fishing, subject to the conditions.
6. Freedom of scientific research.
Archipelagic States and
Archipelagic Waters
An “archipelagic State” means a State constituted
wholly by one or more archipelagos and may include
other islands. It is a designation used for island
countries, in which “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.
Archipelagic baselines determine the breadth of the
territorial sea, contiguous zone and EEZ for a given
archipelagic state.
These waters are given special status by UNCLOS on
account of their natural resources, but the status is
applicable only for mid-ocean states having more
than one or more archipelago
The sovereignty of an archipelagic state extends to
the waters enclosed by the archipelagic baseline and
are described as archipelagic waters, regardless of
their depth or distance from the coast.
This sovereignty extends to the airspace above and
the subsoil below archipelagic waters.
Ships of all states enjoy the right of innocent passage
through archipelagic waters.
An archipelagic state may suspend this innocent
passage if this is essential for the protection of its
security, such suspension shall take effect only after
being duly published.
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 l, 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 coordinates of points, specifying the geodetic
datum, may be substituted
9. The archipelagic State shall give due publicity to such
charts or lists of geographical coordinates and shall deposit
a copy of each such chart or list with the Secretary-General
of the United Nations.
FISHERIES ZONES
1. The traditional fishery zone called the
Inland fishery zone can extend upto 12
Nm from the base line. (Not mentioned
in UNCLOS)
2. As per UNCLOS this can extend up to
200 Nm in which a coastal state may
exercise exclusive fishing rights (EFZ –
Extended fishing zone).
3. Vessels transiting EFZ must observe the
local fishing regulations in force.
UNCLOS on Marine
Pollution
Currently all states agree on meeting MARPOL
standards.
Coastal states may have own regs. in their EEZ.
In territorial seas/TSS or sea lanes for dangerous
cargo can be established.
Coastal states may allow entry to island water and
harbors only if additional regulations on pollution
met.
Q) JURISDICTION IN DIFFERENT SEA AREAS
INTERNAL WATERS – shore to baseline – coastal state has
complete jurisdiction. Port state may have the tendency not to
exercise jurisdiction unless offence affects peace, custom,
immigration offence, a citizen of port state is involved, breach
of pollution, navigation, pilotage rules, master of vessel
requests to exercise jurisdiction
TERRITORIAL SEA – 12 miles from baseline – straits and
archipelagos may be enclosed in this area - foreign flag vessels
have the right of innocent passage, but the innocence must be
justified. Criminal jurisdiction can be exercised by coastal state
if consequences of crime extend to coastal state, disturbs
peace and good order, to suppress illicit traffic of narcotic
drugs, if master of vessel requests. Civil jurisdiction can be
exercised only when vessel is passing through territorial sea
after leaving internal waters
Q) Duties of Port state under
UNCLOS
Main responsibility for enforcement is with the flag
state with proximity to zones closer to coast
influence of coastal state and ultimately port state
increases.
When vessel is voluntarily within a port or at an
offshore installation, the port state may, supported
by evidence, proceed against the vessel indulging in
pollution, e.g MARPOL violation.
Another state where a discharge violation has
occurred or a flag state may request another port
state to investigate on behalf where there is clear
evidence that a vessel in territorial seas has violated
UNCLOS regulations or applicable pollution
regulations. The Coastal state may inspect/institute
proceedings including detentions.
Q) Duties of Flag State under
UNCLOS
When a State assumes legal authority over a ship by grant of
its flag, the State also assumes a certain obligation to take
measures to ensure that the vessel, viewed both as an
instrument of navigation and a collective of ship-users, acts in
a fashion consistent with international law.
1. Every State shall effectively exercise its jurisdiction and
control in administrative, technical and social matters over
ships flying its flag.
2. In particular, every State shall:
o maintain a register of ships containing the names and
particulars of ships flying its flag, except those which are
excluded from generally accepted international regulations
on account of their small size; and
o assume jurisdiction under its internal law over each ship
flying its flag and its master, officers and crew in respect of
administrative, technical and social matters concerning the
ship.
3. Every State shall take such measures for ships flying its flag as are
necessary to ensure safety at sea with regards, inter alia, to :
. the construction, equipment and seaworthiness of ships;
. the manning of ships, labour conditions and the training of crews, taking into
account the applicable international instruments; the use of signals, the
maintenance of communications and the prevention of collisions
4. Such measures shall include those necessary to ensure:
. That each ship, before registration and thereafter at
appropriate intervals, is surveyed by a qualified surveyor of ships
and has on board such charts, nautical publications and navigational
equipment and instruments as are appropriate for the safe navigation
of the ship
. That each ship is in the charge of a master and officers who possess
appropriate qualifications, in particular in seamanship, navigation,
communications and marine engineering, and that the crew is appropriate
in qualification and numbers for the type, size, machinery and equipment of
the
ship;
That the master, officers and, to the extent appropriate, the crew are
fully conversant with and required to observe the applicable
international regulations concerning the safety of life at sea, the
prevention of collisions, the prevention, reduction and control of
marine pollution, and the maintenance of communications by radio.
5. In taking the measures each State is required to conform to generally
accepted international regulations, procedures and practices and to
take any steps which may be necessary to secure their observance.
6. A State which has clear grounds to believe that proper jurisdiction
and control with respect to a ship have not been exercised may report
the facts to the flag State. Upon receiving such a report, the flag State
shall investigate the matter and, if appropriate, take any action
necessary to remedy the situation.
7. Each State shall cause an inquiry to be held by or before a suitably
qualified person or persons into every marine casualty or incident of
navigation on the high seas involving a ship flying its flag and causing
loss of life or serious injury to nationals of another State or serious
damage to ships or installations of another State or to the marine
environment. The flag State and the other State shall co-operate in the
conduct of any inquiry held by that other State into any such marine
casualty or incident of navigation.”
Q) Rights and Duties of a
Coastal State
Innocent Passage of a Vessel (Territorial Waters)
1. The coastal State may adopt laws and regulations, in
conformity with the provisions of this Convention and
other rules of international law, relating to innocent
passage through the territorial sea, in respect of all or
any of the following:
the safety of navigation and the regulation of
maritime traffic;
the protection of navigational aids and facilities and
other facilities or installations;
the protection of cables and pipelines;
the conservation of the living resources of the sea;
the prevention of infringement of the fisheries laws
and regulations of the coastal State;
the preservation of the environment of the coastal State and the
prevention, reduction and control of pollution thereof;
marine scientific research and hydrographic surveys;
the prevention of infringement of the customs, fiscal,
immigration or sanitary laws and regulations of the coastal
State.
5. Such laws and regulations shall not apply to the design,
construction, manning or equipment of foreign ships unless
they are giving effect to generally accepted international
rules or standards.
6. The coastal State shall give due publicity to all such laws
and regulations.
7. Foreign ships exercising the right of innocent passage
through the territorial sea shall comply with all such laws and
regulations and all generally accepted international
regulations relating to the prevention of collisions at sea.
Q) Define Piracy as per UNCLOS
Piracy is defined as any illegal acts of violence or
detention, or any act of depredation committed for
private ends by the crew or the passengers of a private
ship or a private aircraft and directed:
on the high seas, against another ship or aircraft, or
against persons or property on board such ship or
aircraft;
against a ship, aircraft, persons or property in a
place outside the jurisdiction of any State;
any act of voluntary participation in the operation of a
ship or of an aircraft with knowledge of facts making it
a pirate ship or aircraft;
any act of inciting or of intentionally facilitating an act
described above.
A ship or aircraft is considered a pirate ship or aircraft if it is
intended by the persons in dominant control to be used for
the purpose of committing one of the acts referred above.
The same applies if the ship or aircraft has been used to
commit any such act, so long as it remains under the control
of the persons guilty of that act.
A ship or aircraft may retain its nationality although it has
become a pirate ship or aircraft. The retention or loss of
nationality is determined by the law of the State from which
such nationality was derived.
On the high seas, or in any other place outside the
jurisdiction of any State, every State may seize a pirate ship
or aircraft, or a ship or aircraft taken by piracy and under the
control of pirates, and arrest the persons and seize the
property on board. The courts of the State which carried out
the seizure may decide upon the penalties to be imposed,
and may also determine the action to be taken with regard
to the ships, aircraft or property, subject to the rights of
third parties acting in good faith.
All States shall cooperate to the fullest possible extent for
repression of piracy on the high seas or in another place
outside the jurisdiction of any state.
Where the seizure of a ship or aircraft on suspicion of
piracy has been effected without adequate grounds, the
State making the seizure shall be liable to the State the
nationality of which is possessed by the ship or aircraft for
any loss or damage caused by the seizure.
A seizure on account of piracy may be carried out only by
warships or military aircraft, or other ships or aircraft
clearly marked and identifiable as being on government
service and authorized to that effect.
All States shall cooperate in the suppression of illicit traffic
in narcotic drugs and psychotropic substances engaged in
by ships on the high seas contrary to international
conventions.
All States shall cooperate in the suppression of
unauthorized broadcasting from the high seas.
Right of Hot Pursuit
1. The hot pursuit of a foreign ship may be undertaken when the
competent authorities of the coastal State have good reason
to believe that the ship has violated the laws and regulations
of that State.
Such pursuit must be commenced when the foreign ship is
within the internal waters, the archipelagic waters, the
territorial sea or the contiguous zone of the pursuing State,
and may only be continued outside the territorial sea or the
contiguous zone if the pursuit has not been interrupted. It
is not necessary that, at the time when the foreign ship
within the territorial sea or the contiguous zone receives
the order to stop, the ship giving the order should likewise
be within the territorial sea or the contiguous zone.
If the foreign ship is within a contiguous zone, the pursuit
may only be undertaken if there has been a violation of the
rights for the protection of which the zone was established.
2. The right of hot pursuit shall apply to violations in
the exclusive economic zone or on the continental
shelf, including safety zones around continental shelf
installations, of the laws and regulations of the coastal
State applicable in accordance with this Convention to
the exclusive economic zone or the continental shelf,
including such safety zones.
3. The right of hot pursuit ceases as soon as the ship
pursued enters the territorial sea of its own State or of
a third State.