unclos digest

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Definitions: Area: means the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction "Authority" means the International Seabed Authority "activities in the Area" means all activities of exploration for, and exploitation of, the resources of the Area "States Parties" means States which have consented to be bound by this Convention and for which this Convention is in force. *innocent passage: passage of aquatic vessel which 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. Every sovereign state signatory to the Convention is: Section 1, Article 2.3: Every state signatory to the convention is entitled to sovereignty over territorial sea which must be exercised subject to the Convention and other rules of International Law. Section 1, Article 2.2: sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil. Section 2, Article 3: Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines determined in accordance with this Convention. Section 3(A), Article 17: All states whether coastal or landlocked that are signatory to this convention have the right to innocent passage through territorial sea. Such passage shall take place in conformity with this Convention and with other rules of international law. Article 18: Passage of aquatic vessel should be continuous and expeditious. Article 19: Passage of foreign ship shall be considered prejudicial to the peace, good order or security of the State if it engages the following: *Any threat, or use of force or in any manner in violation to the principles of international law embodied in Charter of United Nations * any exercise or practice with weapons

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my own personal digest for the united nations' convention on the law of the seas.

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Definitions:Area: means the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction"Authority" means the International Seabed Authority"activities in the Area" means all activities of exploration for, and exploitation of, the resources of the Area"States Parties" means States which have consented to be bound by this Convention and for which this Convention is in force.*innocent passage: passage of aquatic vessel which 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. Every sovereign state signatory to the Convention is: Section 1, Article 2.3: Every state signatory to the convention is entitled to sovereignty over territorial sea which must be exercised subject to the Convention and other rules of International Law. Section 1, Article 2.2: sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil. Section 2, Article 3: Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines determined in accordance with this Convention. Section 3(A), Article 17:All states whether coastal or landlocked that are signatory to this convention have the right to innocent passage through territorial sea. Such passage shall take place in conformity with this Convention and with other rules of international law.Article 18: Passage of aquatic vessel should be continuous and expeditious. Article 19: Passage of foreign ship shall be considered prejudicial to the peace, good order or security of the State if it engages the following:

*Any threat, or use of force or in any manner in violation to the principles of international law embodied in Charter of United Nations

*any exercise or practice with weapons*any act aimed at collecting information to prejudice defence or security of the State *the launching, landing or taking on board of any aircraft*the launching, landing or taking on board of any military device;*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*any act of willful and serious pollution *any fishing activities*carrying out of research or survey activities*any act aimed at interfering with any systems of communication or any other facilities or installations of the State

Article 20: In the territorial sea, submarines and other underwater vehicles are required to navigate on the surface and to show their flag.

Article 23: Foreign nuclear-powered ships or ships carrying other dangerous or noxious substances while exercising right to innocent passage shall carry documents and observe special precautionary measures provided by international agreements.

Article 24: Duties of the State:The state shall not hamper right to innocent passage of foreign ships as long as passage is in accordance to the Convention. In application of the Convention to the foreign ships, States shall not: -impose requirements that shall hamper the right to innocent passage -discriminate ships or vessels of any State carrying cargoes to, from or on behalf of anyStateArticle 25: Rights of protection of the State-The State may take necessary steps in its territorial sea to prevent passage which is not innocent or is contrary to the Convention -In case of ships proceeding to internal waters, State has the right to take the necessary steps to prevent any breach of the conditions.-The State may, without discrimination in form or in fact among foreign ships, suspend temporarily in specified areas of its territorial sea the innocent passage if such suspension is essential for the protection of its security, including weapons exercises. Such suspension shall take effect only after having been duly published. Section 3(C), Article 30: Non-compliance by warships with the laws and regulations of the coastal StateIf any warship does not comply with the laws and regulations of the State concerning passage through the territorial sea and disregards any request for compliance of such laws and regulations, the State may require it to leave the territorial sea immediately. Section 4: Contiguous Zone (Contiguous: Next to each other or being in actual contact)*Article 33.2: The contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured. -ARCHIPELAGIC STATES~Definition: "archipelagic State" means a State constituted wholly by one or more archipelagos and may include other islands;"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 suchArticle 47.1: An archipelagic State may draw straight archipelagic baselines joining the outermost points of the outermost islands and drying reefs of the archipelago2: The length of such baselines shall not exceed 100 nautical miles, except that up to 3 per cent of total number of baselines enclosing any archipelago may exceed 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.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 thoseStates shall continue and be respectedArticle 48: Measurement of the breadth of the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelfThe breadth of the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf shall be measured from archipelagic baselines Article 49.2Sovereignty of the State over the territorial waters extend to the air space over the archipelagicwaters, as well as to their bed and subsoil, and the resources contained thereinArticle 50Article 51An archipelagic State shall respect existing agreements with other States and shall recognize traditional fishingrights and other legitimate activities of the immediately adjacent neighbouringStates in certain areas falling within archipelagic waters. The terms andconditions 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 theStates concerned, be regulated by bilateral agreements between them. EEZArticle 55,56, 58, 59, 60, 61&62&64&65Article 74 CONTINENTAL SHELFArticle 77, 83, 85 HIGH SEASArticle 86-90It applies 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. Ships navigating through the high seas has:

-the freedom of navigation-freedom of overflight-freedom to lay submarine cables and pipelines-freedom on fishing but still subject to the provisions of the convention

*These freedoms are exercised by all States with due regard for the interests of other States in their exercise of the freedom of the high seas, and also with due regard for the rights under this Convention with respect to activities in the Area.

Article 95&96&97Immunity of Ships

Article 95High Seas:Warships on the high seas have complete immunity from the jurisdiction of any State

Article 96

Ships owned or operated by a State and used only on government non-commercial service shall, on the high seas, have complete immunity from the jurisdiction of any State

Article 97Penal jurisdiction in matters of collision or any incident 1. In the event of a collision or any other incident of navigation concerning a ship on the high seas, involving penal or disciplinary responsibility of the master or of any other person in the service of the ship, no penal or disciplinary proceedings may be instituted against such person except before the judicial or administrative authorities either of the flag State or of the State of which such person is a national.2. In disciplinary matters, the State which has issued a master's certificate or a certificate of competence or license shall alone be competent, after due legal process, to pronounce the withdrawal of such certificates, even if the holder is not a national of the State which issued them.3. No arrest or detention of the ship, even as a measure of investigation, shall be ordered by any authorities other than those of the flag State.