Proceedings of a Workshop on Problems of Scientific Research in the Third U.N. Law of the Sea Conference (1976)

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- 27 - 3. The nghts of the coastal State over the continental shelf do not depend on occupation, effective or notional, or on any express proclamation. 4. The natural resources referred to in these articles consist of the mineral and other non-living resources of the sea-bed and subsoil together with living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the sea-bed or are unable to move except in constant physical contact with the sea-bed or the subsoil. Article 64 The rights of the coastal State over the continental shelf do not affect the legal status of the superjacent waters or the air space above those waters. Article 65 1. All States shall be entitled to lay submarine cables and pipelines on the continental shelf. 2. Subject to its right to take reasonable measures for the exploitation of the continental shelf, the exploitation of its natural resources and the prevention of pollution from pipelines, the coastal State may not impede the laying or maintenance of such cables or pipelines. 3. The delineation of the course for the laying of such pipelines on the continental shelf is subject to the consent of the coastal State. 4. Nothing in this part shall affect the right of the coastal State to establish conditions for cables or pipelines entering its territory or territorial sea, or its jurisdiction over cables and pipelines constructed or used in connexion with the exploration of its continental shelf or exploitation of its resources or the operations of artificial islands, installations and structures under its jurisdiction. 5. When laying submarine cables or pipelines, States shall pay due regard to cables or pipelines already in position. In particular, possibilities of repairing existing cables or pipelines shall not be prejudiced. Article 66 The provisions of article 48 shall apply mutatis mutandis to artificial islands, installations and structures on the continental shelf. Article 67 The coastal State shall have the exclusive right to authorize and regulate drilling on the continental shelf for all purposes. Article 68 The coastal State shall, with respect to the artificial islands, installations and structures and sea-bed activities subject to its jurisdiction, take appropriate measures for the protection of the marine environment from pollution, and ensure compliance with appropriate minimum intemational requirements provided for in part... (Preservation of the marine environment) and with other applicable interna- tional standards. Article 69 1. The coastal State shall make payments or contri- butions in kind in respect of the exploitation of the non-living resources of the continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured. 2. The rate of payment or contribution shall be . . . per cent of the value or volume of production at the site. Production does not include resources used in connexion with exploitation. 3. The International Authority shall determine the extent to which developing countries shall be obliged to make payments or contributions provided for in paragraphs 1 and 2. 4. The payments or contributions provided for in paragraphs 1 and 2 shall be made to the International Authority on terms and procedures to be agreed upon with the Authority in each case. The International Authority shall distribute these payments and contributions on the basis of equitable sharing criteria, taking into account the interests and needs of developing countries. Article 70 1. The delimitation of the continental shelf between adjacent or opposite States shall be affected by agreement in accordance with equitable principles, employing, where appropriate, the median or equidistance line, and taking account of all the relevant circumstances. 2. If no agreement can be reached within a reasonable period of time, the States concerned shall resort to the procedures provided for in part... (Settlement of disputes). 3. Pending agreement, no State is entitled to extend its continental shelf beyond the median line or the equi- distance line. 4. For the purposes of this article, ‘‘median line” means the line every point of which is equidistant from the nearest points of the baselines from which the breadth of the territorial sea of each State is measured. 5. In delimiting the boundaries of the continental shelf, any lines which are drawn in accordance with the provisions of this article should be defined with reference to charts and geographical features as they exist at a particular date, and reference should be made to fixed permanent identi- fiable points on the land. 6. Where there is an agreement in force between the States concerned, questions relating to the delimitation of the continental shelf shall be determined in accordance with the provisions of that agreement. Article 71 The provisions of article 49 shall apply mutatis mutandis to research concerning the continental shelf and undertaken there. Article 72 The provisions of this part shall not prejudice the right of the coastal State to exploit the subsoil by means of tunnelling, irrespective of the depth of water above the subsoil

~ 28 « Part V: High seas SECTION 1. GENERAL Article 73 The term “high seas” as used in the present Convention means 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. Article 74 The high seas shall be open to all States, whether coastal or land-locked, and their use shall be reserved for peaceful purposes. Article 75 1. The high seas being open to all nations, no State may validly purport to subject any part of them to its sovereignty. Freedom of the high seas is exercised under the conditions laid down by these articles and by other rules of international law. It comprises, inter alia, both for coastal and non-coastal States: (a) Freedom of navigation; (b) Freedom of overflight; (c) Freedom to lay submarine cables and pipelines, subject to the provisions of part IV; (d) Freedom to construct artificial islands and other installations permitted under international law, subject to the provisions of part IV; (e) Freedom of fishing, subject to the conditions laid down in section 2; (f) Freedom of scientific research, subject to the pro- visions of parts [V and .. . (Scientific research). 2. These freedoms shall be exercised by all States, with due consideration for the interests of other States in their exercise of the freedom of the high seas. Article 76 Every State, whether coastal or not, has the right to sail ships under its flag on the high seas. Article 77 1. Each State shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its territory, and for the right to fly its flag. Ships have the nationality of the State whose flag they are entitled to fly. There must exist a genuine link between the State and the ship. 2. Each State shall issue to ships to which it has granted the right to fly its flag documents to that effect. Article 78 1. Ships shall sail under the flag of one State only and, save in exceptional cases expressly provided for in inter- national treaties or in these articles, shall be subject to its exclusive jurisdiction on the high seas. A ship may not change its flag during a voyage or while in a port of call, save in the case of a real transfer of ownership or change of registry. 2. A ship which sails under the flags of two or more States, using them according to convenience, may not claim any of the nationalities in question with respect to any other State, and may be assimilated to a ship without nationality. Article 79 The provisions of the preceding articles do not prejudice the question of ships employed on the official service of the United Nations, its specialized agencies or the International Atomic Energy Agency flying the flag of the organization. Article 80 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: (a) Maintain a register of shipping containing the names and particulars of ships flying its flag, except those which are excluded from generally accepted international regula- tions on account of their small size; and (b) Assume junisdiction under its municipal 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 under its flag as are necessary to ensure safety at sea with regard, inter alia, to: (a) The construction, equipment and seaworthiness of ships; (b) The manning of ships, labour conditions and the training of crews, taking into account the applicable intemationa] labour instruments, (c) The use of signals, the maintenance of communica- tions and the prevention of collisions. 4. Such measures shall include those necessary to ensure: (a) 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 appro- priate for the safe navigation of the ship; (b) 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 qualifica- tion and numbers for the type, size, machinery and equipment of the ship; {c) That the master, officers and, to the extent appro- priate, 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 and control of marine pollution, and the maintenance of communications by radio. 5. In taking the measures called for by paragraphs 3 and 4 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.

- 296 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 shipping 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. Article 81 Warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State. Article 82 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 other than the flag State. Article 83 1. In the event of a collision or any other incident of navigation conceming a ship on the high seas, involving the 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 persons except before the judicial or administrative authori- ties 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 licence 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. Article 84 1. Every State shall require the master of a ship sailing under its flag, in so far as he can do so without serious danger to the ship, the crew or the passengers: (a) To render assistance to any person found at sea in danger of being lost; (b) To proceed with all possible speed to the rescue of persons in distress if informed of their need of assistance, in so far as such action may reasonably be expected of him; (c) After a collision, to render assistance to the other ship, its crew and its passengers and, where possible, to inform the other ship of the name of his own ship, its port of registry and the nearest port at which it will call. 2. Every coastal State shall promote the establishment, operation and maintenance of an adequate and effective search and rescue service regarding safety on and over the sea and, where circumstances so require, by way of mutual regional arrangements co-operate with neighbouring States for this purpose. Article 85 Every State shall adopt effective measures to prevent and punish the transport of slaves in ships authorized to fly its flag, and to prevent the unlawful use of its flag for that purpose. Any slave taking refuge on board any ship, whatever its flag, shall, ipso facto, be free. Article 86 All States shall co-operate to the fullest possible extent in the repression of piracy on the high seas or in any other place outside the jurisdiction of any State. Article 87 Piracy consists of any of the following acts: (a) Any illegal acts of violence, 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: (i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft; (ii) Against a ship, aircraft, persons or property in a place outside the jurisdiction of any State; (b) 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; (c) Any act of inciting or of intentionally facilitating an act described in subparagraphs (a) and (b). Article 88 The acts of piracy, as defined in article 87, committed by a warship, government ship or government aircraft whose crew has mutinied and taken control of the ship or aircraft are assimilated to acts committed by a private ship. Article 89 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 to in article 87. 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. Article 90 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. Article 91 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 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.

- 30 - Article 92 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. Article 93 A seizure on account of piracy may only be carried out by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. Article 94 1. All States shall co-operate in the suppression of illicit traffic in narcotic drugs and psychotropic substances by ships on the high seas contrary to international conventions. 2. Any State which has reasonable grounds for believing that a vessel flying its flag is engaged in illicit traffic in narcotic drugs and psychotropic substances may request the co-operation of other States to suppress such traffic. Article 95 1. All States shall co-operate in the suppression of unauthorized broadcasting from the high seas. 2. Any person engaged in unauthorized broadcasting from the high seas may be prosecuted before the court of the flag State of the vessel, the place of registry of the installation, the State of which the person is a national, any place where the transmissions can be received or any State where authorized radio communication is suffering inter- ference. 3. On the high seas, a State having jurisdiction in accordance with paragraph 2 may, in conformity with article 96, arrest any person or ship engaged in unauthorized broadcasting and seize the broadcasting apparatus. 4. For the purpose of the present Convention, “un- authorized broadcasting” means the transmission of sound radio or television broadcasts from a ship or installation on the high seas intended for reception by the general public contrary to international regulations, but excluding the transmission of distress calls. Article 96 1. Except where acts of interference derive from powers conferred by treaty, a warship which encounters on the high seas a foreign ship, other than a ship entitled to complete immunity in accordance with articles 81 and 82, is not justified in boarding her unless there is reasonable ground for suspecting: (a) That the ship is engaged in piracy; (b) That the ship is engaged in the slave trade; (c) That, subject to article 95, the ship is engaged in unauthorized broadcasting; (d) That the ship is without nationality ; or (e) That, though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship. 2. In the cases provided for in paragraph !, the warship may proceed to verify the ship’s right to fly its flag. To this end, it may send a boat, under the command of an officer, to the suspected ship. If suspicion remains after the documents have been checked, it may proceed to a further examination on board the ship, which must be carried out with all possible consideration. 3. If the suspicions prove to be unfounded, and provided that the ship boarded has not committed any act justifying them, it shall be compensated for any loss or damage that may have been sustained. 4. These provisions shall apply mutatis mutandis to military aircraft. 5. These provisions shall also apply to any other duly authorized ships or aircraft clearly marked and identifiable as being On government service. Article 97 1. The hot pursuit of a foreign ship may be undertaken when the competent authorities of the coastal Sta‘e 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 or one of its boats is within the internal waters or 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, as defined in article 33, 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 mutatis mutandis 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 the present 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 country or of a third State. 4. Hot pursuit is not deemed to have begun unless the pursuing ship has satisfied itself by such practicable means as may be available that the ship pursued or one of its boats or other craft working as a team and using the ship pursued as a mother ship are within the limits of the territorial sea, or, as the case may be, within the contiguous zone or the exclusive economic zone or above the continental shelf. The pursuit may only be commenced after a visual or auditory signal to stop has been given at a distance which enables it to be seen or heard by the foreign ship. 5. The right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and specially authorized to that effect. 6. Where hot pursuit is effected by an aircraft: (a) The provisions of paragraphs | to 4 shall apply mutatis mutandis;

- 31- (b) The aircraft giving the order to stop must itself actively pursue the ship until a ship or aircraft of the coastal State, summoned by the aircraft, arrives to take over the pursuit, unless the aircraft is itself able to arrest the ship. It does not suffice to justify an arrest outside the territorial sea that the ship was merely sighted by the aircraft as an offender or suspected offender, if it was not both ordered to stop and pursued by the aircraft itself or other aircraft or ships which continue the pursuit without interruption. 7. The release of a ship arrested within the jurisdiction of a State and escorted to a port of that State for the purposes of an inquiry before the competent authorities may not be claimed solely on the ground that the ship, in the course of its voyage, was escorted across a portion of the exclusive economic zone or the high seas, if the circumstances rendered this necessary. 8. Where a ship has been stopped or arrested outside the territorial sea in circumstances which do not justify the exercise of the right of hot pursuit, it shall be compensated for any loss or damage that may have been thereby sustained. Article 98 Every State shall comply with the provisions of part... (Preservation of the marine environment). Article 99 1. All States shall be entitled to lay submarine cables and pipelines on the bed of the high seas beyond the continental shelf. 2. The provisions of article 65, paragraph 5, shall apply to such cables and pipelines. Article 100 Every State shall take the necessary legislative measures to provide that the breaking or injury by a ship flying its flag or by a person subject to its jurisdiction of a submarine cable beneath the high seas done wifully or through culpable negligence, in such a manner as to be liable to interrupt or obstruct telegraphic or telephonic communica- tions, and similarly the breaking or injury of a submarine pipeline or high-voltage power cable shall be a punishable offence. [This provision shall apply also to conduct calcu- lated or likely to result in such breaking or inj owever, it shall not apply to any break or injury caused by persons who acted merely with the legitimate object of saving their lives or their ships, after having taken all necessary precautions to avoid such break or injury. Article 101 Every State shall take the necessary legislative measures to provide that, if persons subject to its jurisdiction who are the owners of a cable or pipeline beneath the high seas, in laying or repairing that cable or pipeline, cause a break in or injury to another cable or pipeline, they shall bear the cost of the repairs. Article 102 Every State shall take the necessary legislative measures to ensure that the owners of ships who can prove that they have sacrificed an anchor, a net or any other fishing gear, in order to avoid injuring a submarine cable or pipeline, shall be indemnified by the owner of the cable or pipeline, provided that the owner of the ship has taken all reasonable precautionary measures beforehand. “SECTION 2.. MANAGEMENT AND CONSERVATION OF THE LIVING RESOURCES OF THE HIGH SEAS Article 103 All States have the right for their nationals to engage in fishing on the high seas subject to: (a) Their treaty obligations; (b) The rights and duties as well as the interests of coastal States provided for, inter alia, in article 52, paragraph 2, and articles 53 and 54; and (c) The provisions of this section. Article 104 All States have the duty to adopt, or to co-operate with other States in adopting such measures for their respective nationals as may be necessary for the conservation of the living resources of the high seas. Article 105 States shall co-operate with each other in the manage- ment and conservation of living resources in the areas of the high seas. States whose nationals exploit identical resources, or different resources in the same area, shall enter into negotiations with a view to adopting the means necessary for the conservation of the living resources concerned. They shall, as appropriate, co-operate to establish subregional or regional fisheries organizations to this end. Article 106 1. In determining the allowable catch and establishing other conservation measures for the living resources in the high seas, States shall: (a) Adopt measures which are designed, on the best evidence available to the States concerned, to maintain or restore populations of harvested species at levels which can produce the maximum sustainable yield, as qualified by relevant environmental and economic factors, including the special requirements of developing countries, and taking into account fishing patterns, the interdependence of stocks and any generally recommended subregional, regional or global minimum standards: (b) Take into consideration the effects on species asso- ciated with or dependent upon harvested species with a view to maintaining or restoring populations of such associated or dependent species above levels at which their reproduction may become seriously threatened. 2. Available scientific information, catch and fishing effort statistics, and other data relevant to the conservation of fish stocks shall be contributed and exchanged on a reguiar basis through subregional, regional and global organizations where appropriate and with participation by all States concerned. 3. States concerned shall ensure that conservation meas- ures and their implementation do not discriminate in form or in fact against the fishermen of any State. Article 107 The provisions of article 53, paragraph 3 shall also apply to the conservation and management of marine mammals in the high seas.

- 32 Part VI: Land-locked States Article 108 1. For the purposes of the present Convention: (a) ‘‘Land-locked State’’ means a State which has no seacoast; (b) “Transit State’ means a State, with or without a seacoast, situated between a land-locked State and the sea through whose territory ‘traffic in transit” passes; (c) “Traffic in transit” means transit of persons, baggage, goods and meuns of transport across the territory of one or more transit States, when the passage across such territory, with or without trans-shipment, warehousing, deaking bulk or change in the mode of transport is only a portion of a complete journey which begins or terminates within the territory of the land-locked State; (d) ‘‘Means of transport’? means: (i) Railway rolling stock, sea and river craft and road vehicles; (ii) Where local conditions so require, porters and pack animals. 2. Land-locked States and transit States may, by agree- ment between them, include as means of transport pipelines and gas lines and means of transport other than those included in paragraph |. Article 109 1. Land-locked States shall have the right of access to and from the sea for the purpose of exercising the rights provided for in the present Convention including those relating to the freedom of the high seas and the principle of the common heritage of mankind. To this end, land-locked States shall enjoy freedom of transit through the territories of transit States by all means of transport. 2. The terms and conditions for exercising freedom of transit shall be agreed between the land-locked States and the transit States concerned through bilateral, subregional or regional agreements, in accordance with the provisions of the present Convention. 3. Transit States, in the exercise of their full sovereignty over their territory, shall have the right to take all measures to ensure that the rights provided for in this part for land-locked States shall in no way infringe their legitimate interests. Article 110 Provisions of the present Convention, as well as special agreements which regulate the exercise of the right of access to and from the sea, establishing rights and facilities on account of the special geographical position of land- locked States, are excluded from the application of the most-favoured-nation clause. Article 111 1. Traffic in transit shall not be subject to any customs duties, taxes or other charges except charges levied for specific services rendered in connexion with such traffic. 2. Means of transport in transit used by land-locked States shall not be subject to taxes, tariffs or charges higher than those levied for the use of means of transport of the transit State. Article 112 For the convenience of traffic in transit,-free zones or other customs facilities may be provided at the ports of entry and exit in the transit States, by agreement between those States and the land-locked States. Article 113 Where there are no means of transport in the transit States to give effect to the freedom of transit or where the existing means, including the port installations and equip- ment, are inadequate in any respect, transit States may request the land-locked States concerned to co-operate in constructing or improving them. Article 114 1. Except in cases of force majeure all measures shall be taken by transit States to avoid delays in or restrictions on traffic in transit. 2. Should delays or other difficulties occur in traffic in transit, the competent authorities of the transit State or States and of land-locked: States shall co-operate towards their expeditious elimination. Article 115 Ships flying the flag of land-locked States shall enjoy treatment equal to that accorded to other foreign ships in maritime ports. Article 116 Land-locked States may, in accordance with the pro visions of part III, participate in the exploitation of the living resources of the exclusive economic zone of adjoin- ting coastal States. Part VII: Archipelagos SECTION !. ARCHIPELAGIC STATES Article 117 1. The provisions of this section shall apply to archipel- agic States. 2. For the purposes of the present Convention: (a) “‘Archipelagic State’? means a State constituted wholly by one or more archipelagos and may include other islands; (b) “Archipelago” means a group of islands, including parts of islands, inter-connecting waters and other natural features which are so closely interrelated that such islands, waters and other natural features form an intrinsic geo- graphic, economic and political entity, or which historically have been regarded as such. Article 118 1. An archipelagic State may draw straight baselines joining the outermost points of the outermost islands and drying reefs of the archipelago provided that such baselines enclose 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 one to one and nine to one. 2. The length of such baselines shall not exceed 80 nautical miles, except that up to... per cent of the total

= 35 = 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. 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 ata distance not exceeding the breadth of the territorial sea from the nearest island. 5. The system of straight 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. The archipelagic State shall clearly indicate its straight baselines or large-scale charts, deposited with the Secretary-General of the United Nations, who shall give due publicity thereto. 7. If the drawing of such baselines encloses a part of the sea which has traditionally been used by an immediately adjacent neighbouring State for direct access and all forms of communication, including the laying of submarine cables and pipelines, between two or more parts of the territory of such State, the archipelagic State shall continue to recog- nize and guarantee such rights of direct access and communication. 8. For the purposes of computing the ratio of water to land under paragraph |, 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. Article 119 The breadth of the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf shall be measured from the baselines drawn in accordance with article 118. Article 120 1. The sovereignty of an archipelagic State extends to the waters enclosed by the baselines, described as archipel- agic waters, regardless of their depth or distance from the coast. 2. This sovereignty extends to the air space over the archipelagic waters, the bed and subsoil thereof, and the resources contained therein. 3. This sovereignty is exercised subject to the provisions of this section. Article 121] Within its archipelagic waters, the archipelagic State may draw closing lines for the delimitation of internal waters, in accordance with articles 8, 9 and 10. Article 122 Archipelagic States shall respect existing agreements with other States and shall recognize traditional fishing rights of the immediately adjacent neighbouring States in certain areas of the archipelagic waters. The terms and conditions of the exercise of such rights, including the extent of such rights and the areas to which they apply, shall, at the request of any of the States concerned, be regulated by bilateral agreements between them. Such rights shall not be transferred to or shared with third States or their nationals. Article 123 1. Subject to the provisions of article 124, ships of all States, whether coastal or not, shall enjoy the right of innocent passage through archipelagic waters, in accordance with the provisions of section 3 of part I. 2. The archipelagic State may, without discrimination in form or in fact amongst foreign ships, suspend temporarily in specified areas of its archipelagic waters the innocent passage of foreign ships if such suspension is essential for the protection of its security. Such suspension shall take effect after having been duly published. Article 124 1. An archipelagic State may designate sea lanes and air routes suitable for the safe, continuous and expeditious passage of foreign ships and aircraft through its archipelagic waters 2. Ships and aircraft of all States, whether coastal or not, shall have the right of archipelagic sea lanes passage in sea lanes and air routes through the archipelago. 3. Archipelagic sea lanes passage is the exercise in accordance with the provisions of the present Convention of the rights of navigation and overflight in the normal mode for the purpose of continuous and expeditious transit through an archipelago between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone. 4. Such sea lanes and air routes shall traverse the archipelago and the adjacent territorial sea and shall include all normal passage routes used as routes for international navigation or overflight th‘ough the archipelago, and, within such routes, so far as ships are concerned, all normal navigational channels, provided that duplication of routes of similar convenience between the same entry and exit points shall not be necessary. 5. The width of a sea lane shall not be less than... nautical miles or... per cent of the distance between the nearest points on islands bordering the sea lane. 6. An archipelagic State which designates sea lanes under the provisions of this article may also prescribe traffic separation schemes for the safe passage of ships through narrow channels in such sea lanes. 7. An archipelagic State may, when circumstances re- quire, after giving due publicity thereto, substitute other sea lanes or traffic separation schemes for any sea lanes or traffic separation schemes previously designated or pre- scribed by it. 8. Such sea lanes or traffic separation schemes shall conform to generally accepted international regulations. 9. Before designating sea lanes or prescribing traffic separation schemes, an archipelagic State shall refer propo- sals to the competent international organization with a view to their adoption. The organization may adopt only such sea lanes and traffic separation schemes as may be agreed

~ 34 - with the archipelagic State, after which the archipelagic State may designate or prescribe them. , 10. The archipelagic State shall clearly indicate all sea lanes and traffic separation schemes designated or pre- scribed by it on charts to which due publicity shall be given. 11. Ships in transit shall respect applicable sea lanes and traffic separation schemes established in accordance with this article. 12. If an archipelagic State does not designate sea lanes, the right of archipelagic sea lanes passage may be exercised through the routes normally used for international naviga- tion through the archipelagic waters Article 125 1. Ships, and aircraft, while exercising the right of archipelagic sea lunes passage shall: (a) Proceed without delay through the designated sea lanes; (b) Refrain from any threat or use of force against the territorial integrity or political independence of the archi pelagic State or in any other manner in violation of the Charter of the United Nations; (c) Refrain from any activities other than those incident to their normal modes of continuous and expeditious transit unless rendered necessary by force majeure or by distress; (d) Comply with other relevant provisions of this section. 2. Ships in transit shall: (a) Comply with generally accepted international regula- tions, procedures and practices for safety at sea, including the International Regulations for Preventing Collisions at Sea; (6) Comply with generally accepted international regula tions, procedures and practices for the prevention and control of pollution from ships. 3. Aircraft in transit shall: (a) Observe Rules of the Air established by the Interna- tional Civil Aviation Organization under the Chicago Convention as they apply to civil aircraft; State aircraft will normally comply with such safety measures and will at all times operate with due regard for the safety of navigation; (b) At all times monitor the radio frequency assigned by the appropriate internationally designed air traffic control authority or the appropriate international distress radio frequency. Article 126 An archipelagic State shall not hamper archipelagic sea lanes passage and shall give appropriate publicity to any danger to navigation or overflight within the designated sea lanes or air routes of which it has knowledge. There shall be no suspension of archipelagic sea lanes passage. Article 127 During their passage through archipelagic waters, foreign ships, including marine research and hydrographic survey ships, may not carry out any research or survey activities without the prior authorization of the archipelagic State. Article 128 1. Subject to the provisions of this section, the archipel- agic State may make laws and regulations relating to archipelagic sea lanes passage through archipelagos in respect of all or any of the following: (a) The safety of navigation and the regulation of marine traffic as provided in article 124; (b) The prevention of pollution, giving effect to the applicable international regulations regarding the discharge of oil, oily wastes and other noxious substances in the archipelagic waters, (c) With respect to fishing vessels, the prevention of fishing, including the stowage of fishing gear; (d) The taking on board or putting overboard of any commodity, currency or person in contravention of the customs, fiscal, immigration or sanitary regulations of the archipelagic State. 2. Such laws and regulations shall not discriminate in form or fact amongst foreign ships, nor in their application have the practical effect of denying, hampering or impairing the right of archipelagic sea lanes passage as defined in this section. 3. The archipelagic State shall give due publicity to all such laws and regulations 4. Foreign ships exercising the right of archipelagic sea lanes passage shall comply with such laws and regulations of the archipelagic State. Article 129 If a ship or aircraft entitled to sovereign immunity acts in a manner contrary to the provisions of this section or laws and regulations adopted in accordance with paragraph | of article 128 and loss or damage results to an archipelagic State or other States in its vicinity, the flag State shall be responsible for that loss or damage. Article 130 The provisions of this section are without prejudice to the provisions of article 6. SECTION 2. OCEANIC ARCHIPELAGOS BELONGING TO CONTINENTAL STATES Article 131 The provisions of section | are without prejudice to the status of oceanic archipelagos forming an integral part of the territory of a continental State. Part VIII: Régime of islands Article 132 1. An island is a naturally formed area of land, sur rounded by water, which is above water at high tide. 2. Except as provided for in paragraph 3, the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf of an island are determined in accordance with the provisions of the present Convention applicable to other land territory. |

- 35- 3. Rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf. Part IX: Enclosed and semi-enclosed seas Article 133 For the purposes of this part, the term “enclosed or semi-enclosed sea’’ means a gulf, basin, or sea surrounded by two or more States and connected to the open seas by a narrow outlet or consisting entirely or primarily of the territorial seas and exclusive economic zones of two or more coastal States. Article 134 States bordering enclosed or seméenclosed seas shall co-operate with each other in the exercise of their rights and duties under the present Convention. To this end they shall, directly or through an appropriate regional organiza- tion: (a) Co-ordinate the management, conservation, explora tion and exploitation of the living resources of the sea; (b) Co-ordinate the implementation of their rights and duties with respect to the preservation of the marine environment; (c) Co-ordinate their scientific research policies and undertake where appropriate joint programmes of scientific research in the area; (d) Invite, as appropriate, other interested States or international organizations to co-operate with them in furtherance of the provisions of this article. Article 135 The provisions of this part shall not affect the rights and duties of coastal or other States under other provisions of the present Convention, and shall be applied in a manner consistent with those provisions. Part X: Territories under foreign occupation or colonial domination Article 136 1. The rights recognized or established by the present Convention to the resources of a territory whose people have not attained either full independence or some other self-governing status recognized by the United Nations, or a territory under foreign occupation or colonial domination, or a United Nations Trust Territory, or a territory administered by the United Nations, shall be vested in the inhabitants of that territory, to be exercised by them for their own benefit and in accordance with their own needs and requirements. 2. Where a dispute over the sovereignty of a territory under foreign occupation or colonial domination exists, the rights referred to in paragraph |! shall not be exercised until such dispute is settled in accordance with the purposes and principles of the Charter of the United Nations. 3. In no case may the rights referred to in paragraph 1 be exercised, profited or benefited from or in any way infringed by a metropolitan or foreign power administering or occupying such territory or purporting to administer or occupy such territory. 4. References in this article to a territory include continental and insular territories. Part XI: Settlement of disputes Article 137 Disputes arising out of the interpretation or application of articles... shall be resolved in accordance with the provisions of part. . . of the present Convention. ANNEX Highly migratory species 1. Albacore Tuna 9. Pomfrets 2. Bluefin Tunas 10. Marlin 3. Bigeye Tuna Ll. Sailfishes 4. Skipjack Tunas 12. Swordfish 5. Yellowfin Tuna 13. Sauries 6. Blackfin Tuna 14. Dolphin (fish) 15. Oceanic Sharks 7. Little Tuna 16. Cetaceans (whales and por- 8. Frigate Mackerels poises) DOCUMENT A/CONF.62/WP.8/PART III (Text presented by the Chairman of the Third Committee.) Part I: Protection and preservation of the marine environment CHAPTER I. GENERAL PROVISIONS Article 1 “Pollution of the marine environment” means the intro- duction by man, directly or indirectly, of substances or energy in the marine environment (including estuaries) resulting in such deleterious effects as harm to living resources, hazards to human health, hindrance to marine activities including fishing and other legitimate uses of the sea, impairment of quality for use of sea water and reduction of amenities * | Article 2 States have the obligation to protect and preserve all the marine environment. Article 3 States have the sovereign right to exploit their natural resources pursuant to their environmental policies and they shall, in accordance with their duty to protect and preserve the marine environment, take into account their economic needs and their programmes for economic development. Article 4 1. States shall take all necessary measures consistent with this Convention to prevent, reduce and control * A provision containing a definition of marine pollution together with all other definitions could be embodied in a special introduc- tory chapter of this Convention.

=- 36 - pollution of the marine environment from any source using for this purpose the best practicable means at their disposal and in accordance with their capabilities, individually or jointly, as appropriate, and they shall endeavour to harmo- nize their policies in this connexion. 2. States shall take all necessary measures to ensure that marine pollution does not spread outside their national jurisdiction and that activities under their jurisdiction or control are so conducted that they do not cause damage by pollution to other States and their environment, nor cause pollution beyond the areas where States exercise sovereign rights in accordance with this Convention. 3. The measures taken pursuant to these articles shall deal with all sources whatsoever of pollution of the marine environment. These measures shall include, inter alia, those designed to minimize to the fullest possible extent: (a) Release of toxic, harmful and noxious substances, especially those which are persistent: (i) From land-based sources; (ii) From or through the atmosphere; (iii) By dumping. (b) Pollution from vessels, in particular for preventing accidents and dealing with emergencies, ensuring the safety of operations at sea, preventing intentional and uninten- tional discharges, and regulating the design, construction, equipment, operation and manning of vessels. (c) Pollution from installations and devices used in the exploration or exploitation of the natural resources of the seabed and subsoil, in particular for preventing accidents and dealing with emergencies, ensuring the safety of operations at sea, and regulating the design, construction, equipment, operation and manning of such installations or devices. (d) Pollution from all other installations and devices operating in the marine environment, in particular for pre- venting accidents and dealing with emergencies, ensuring the safety of operations at sea, and regulating the design, construction, equipment, operation and manning of such installations or devices. 4. In taking measures to prevent pollution of the marine environment States shall have due regard to the legitimate uses of the marine environment, which are not incompat- ible with the provisions of this Convention and shall refrain from unjustifiable interference with such uses. Article 5 In taking measures to prevent or control marine pollu- tion, States shall guard against the effect of merely transferring, directly or indirectly, damage or hazards from one area to another or from one type of pollution to another. CHAPTER II. GLOBAL AND REGIONAL CO-OPERATION Article 6 States shall co-operate on a global basis and as appropri ate on a regional basis, directly or through competent international organizations, global or regional, to formulate and elaborate international rules, standards and recom- mended practices and procedures consistent with this Convention, for the prevention of marine pollution, taking into account characteristic regional features. Article 7 A State which becomes aware of cases in which the marine environment is in imminent danger of being damaged or has been damaged by pollution shall immedi- ately notify other States it deems likely to be affected by such damage, as well as the competent international Organizations. Article 8 In the cases referred to in article 7, States in the area affected, in accordance with their capabilities, and the competent international organizations, shall co-operate, to the extent possible, in eliminating the effects of pollution and preventing or minimizing the damage. Towards that end, States shall jointly promote and develop contingency plans for responding to pollution incidents in the marine environment. Article 9 States shall co-operate directly or through competent international organizations for the purpose of promoting studies, undertaking programmes of scientific research and encouraging the exchange of information and data acquired about pollution of the marine environment. They shail endeavour to participate actively in regional and interna- tional programmes to acquire knowledge for the assessment of the nature and extent of pollution and the pathways ard risks of, exposures to and the remedies for pollution. Article 10 In the light of the information and data acquired pursuant to article 9, States shall co-operate directly or through competent international organizations in working out appropriate scientific criteria for the formulation and elaboration of rules, standards and recommended practices and procedures for the prevention of marine pollution. CHAPTER III. TECHNICAL ASSISTANCE Article 11 States shall directly or through competent international or regional organizations: (a) Promote programmes of scientific, educational, tech- nical and other assistance to developing countries for the preservation of the marine environment and the prevention of marine pollution. Such assistance shall include, inter alia: (i) Training of scientific and technical personnel; (ii) Facilitation of their participation in relevant interna- tional programmes; (iii) Supply of necessary equipment and facilities; (iv) Enhancing the capacity of developing countries to manufacture such equipment; (v) Development of facilities for and advice on research, monitoring, educational and other programmes. (b) Providing appropriate assistance, in particular to developing countries, for the minimization of the effects of major incidents which may cause serious pollution in the marine environment. (c) Providing appropriate assistance in particular to devel- oping countries concerning the preparation of environ- mental assessments

- 37 = Article 12 Developing States shall, for purposes of the prevention of marine pollution or the minimization of its effects, be granted preference in: (a) The allocation of appropriate funds and technical assistance facilities of international organizations, and (b) The utilization of their specialized services. CHAPTER IV. MONITORING Article 13 1. States shall, consistent with the rights of other States, endeavour, as much as is practicable, individually or collectively through the competent international organiza- tions to observe, measure, evaluate and analyse, by recog- nized methods the risks or effects of pollution of the marine environment. 2. In particular, States shall keep under surveillance the effect of any activities which they permit or in which they engage to determine whether these activities are likely to pollute the marine environment. Article 14 States shall provide at appropriate intervals reports of the results obtained relating to risks or effects of pollution of the marine environment to the United Nations Environ- ment Programme or any other competent international or regional organizations, which should make them available to all States. CHAPTER V. ENVIRONMENTAL ASSESSMENT Article 15 When States have reasonable grounds for expecting that planned activities under their jurisdiction or control may cause substantial pollution of the marine environment, they shall, as far as practicable, assess the potential effects of such activities on the marine environment and _ shall communicate reports of the results of svch assessments in the manner provided in article 14. CHAPTER VI. STANDARDS. Article 16 1. States shall establish national laws and regulations to prevent, reduce and control pollution of the marine environment from land-based sources including rivers, estuaries, pipelines and outfall structures, taking into account internationally agreed rules, standards and recom- mended practices and procedures. States shall also take such other measures as may be necessary to prevent, reduce and control pollution of the marine environment from land-based sources. 2. States shall endeavour to harmonize their national policies at the appropriate regional level. 3. States, acting in particular through the appropriate intergovernmental organizations or by diplomatic confer- ence, shall endeavour to establish global and regional rules, standards and recommended practices and procedures to prevent, reduce and control pollution of the marine environment from land-based sources, taking into account characteristic regional features, the economic capacity of developing countries and their need for economic develop- ment. 4. Laws, regulations measures, rules, standards and recommended practices and procedures referred to in paragraphs | and 3 respectively shall include those designed to minimize to the fullest possible extent the release of toxic, harmful and noxious substances, especially persistent substances, into the marine environment. Article 17 1. Coastal States shall establish national laws and regula- tions to prevent, reduce and control pollution of the marine environment arising from activities concerning exploration and exploitation of the sea-bed and from installations under their jurisdiction, pursuant to chapter... of this Conven- tion. States shall also take any other measures as may be necessary to prevent, reduce and control such pollution. Such laws, regulations and measures shall be no less effective than generally accepted international rules, stand- ards and recommended practices and procedures. 2. States shall endeavour to harmonize their national policies at the appropriate regional level. 3. States, acting in particular through the appropriate intergovernmental organizations or by diplomatic confer- ence, shall establish global and regional rules, standards and © recommended practices and procedures to prevent, reduce and control pollution of the marine environment arising in connexion with sea-bed activities and installations men- tioned in paragraph | above. Article 18 The provisions referring to measures to prevent, reduce and control pollution of the marine environment from activities concerning exploration and exploitation of the international sea-bed area are contained in chapter... of this Convention. Article 19 1. States shall establish national laws and regulations to prevent, reduce and control pollution of the marine environment from dumping of wastes and other matter. * States shall also take such other measures as may be necessary to prevent, reduce and control such pollution. Such laws, regulations and measures shall ensure that dumping is not carried out without the permission of the competent authorities of States. 2. States, acting in particular through the competent intergovernmental organizations or by diplomatic confer- ence, shall endeavour to establish as soon as possible and to the extent that they are not already in existence, global and regional rules, standards and recommended practices and procedures to prevent, reduce and control pollution of the marine environment by dumping of wastes and other matter. * The definition of dumping of wastes and other matter together with all other definitions could be embodied in a special introduc tory chapter of this Convention.

- 38 - 3. Dumping of wastes and other matter, within. . ., shall not be carried out without the express approval of the coastal State, which has the exclusive right to permit, regulate and control such dumping. 4. National laws, regulations and measures shall be no less effective in preventing, reducing and controlling pollu- tion from dumping than global rules and standards. Article 20 1. States, acting through the competent international organization or by general diplomatic conference, shall establish as soon as possible and to the extent that they are _not already in existence, international rules and standards for the prevention, reduction and control of pollution of the marine environment from vessels. 2. States shall establish effective laws and regulations for the prevention, reduction and control of pollution of the marine environment from vessels flying their flag. The requirements of such laws and regulations shall be no less effective than the generally accepted international rules and standards referred to in paragraph 1. 3. The coastal State may establish, in respect of the territorial sea, more effective laws and regulations for the prevention, reduction and control of marine pollution from vessels. In establishing such laws and regulations the coastal State shall, consistent with the aim of achieving maximum possible uniformity of rules and standards governing inter- national navigation, conform to the international rules and standards referred. to in paragraph | of this article. Such laws and regulations must not have the practical effect of hampering innocent passage through the territorial sea. 4. Where internationally agreed rules and standards are not in existence or are inadequate to meet special circum- stances and where the coastal State has reasonable grounds for believing that a particular area of the economic zone is an area where, for recognized technical reasons in relation to its oceanographical and ecological conditions its utiliza- tion, and the particular character of its traffic, the adoption of special mandatory measures for the prevention of pollution from vessels is required, the coastal State may apply to the competent international organization for the area to be recognized as a ‘special area”. Any such application shall be supported by scientific and technical evidence and shall, where appropriate, include plans for establishing sufficient and suitable land-based reception facilities. 5. Nothing in this article shall be deemed to affect the establishment by the coastal State of appropriate non- discriminatory laws and regulations for the protection of the marine environment in areas within the economic zone, where particularly severe climatic conditions create obstruc- tions or exceptional hazards to navigation, and where - pollution of the marine environment, according to accepted scientific criteria, could cause major harm to or irreversible disturbance of the ecological balance. 6. Laws and regulations established pursuant to the internationally agreed rules and standards referred to in paragraph 4 of this article shall not become applicable in relation to foreign vessels until six months after they have been notified to the competent international organization. Article 2] 1. States shall establish national laws and regulations and shal] take measures to prevent, reduce and control pollution of the marine environment from the atmosphere, taking into account internationally agreed rules, standards and recommended practices and procedures. 2. States shall endeavour to establish global and regional rules, standards and recommended practices and procedures to prevent, reduce and control marine pollution from atmospheric sources. CHAPTER VII. ENFORCEMENT Article 22 States shall have the right to enforce laws and regulations adopted in accordance with the provisions of this Conven- tion for the protection and preservation of the marine environment from land-based sources of marine pollution. Article 23 States shall have the right to enforce laws and regulations adopted in accordance with the provisions of this Conven- tion for the protection and preservation of the marine environment from pollution arising from activities con- cerning exploration and exploitation of the continental shelf as provided for in this Convention. Article 24 The International Authority as referred to in chapter... of this Convention shall enforce, in co-operation with the flag States, the rules and standards adopted in accordance with the provisions of this Convention for the protection and preservation of the marine environment from pollution arising from activities concerning exploration and exploi- tation of the international sea-bed area. Article 25 Laws and regulations adopted in accordance with the provisions of this Convention for the protection and preservation of the marine environment from dumping at sea shall be enforced: (a) By any State within its territory; (b) By the flag State with regard to vessels and aircraft registered in its territory or flying its flag; (c) By the coastal State on vessels and aircraft engaged in dumping within its economic zone and continental shelf; (d) By the port State on vessels and aircraft loading at its facilities or offshore terminals. Article 26 1. States shall ensure compliance with international rules and standards referred to in article 20 for the preservation of the marine environment by vessels flying their flag or of their registry, and shall provide for the effective enforce- ment of such rules and standards irrespective of where the violations may have occurred. 2. A flag State shall, at the documented request of any State, investigate any violation alleged to have been committed by its vessels. If satisfied that sufficient evidence is available to enable proceedings to be brought in respect of the alleged violation, the flag State shall cause such proceedings to be taken as soon as possible, in accordance with its laws. The flag State shall promptly inform the - requesting State of the action taken and of its outcome.

- 39- 3. The penalties specified under the flag State’s legis- lation for its own vessels shall be adequate in severity to discourage violations and equally severe regardless of where the violations occurred. Article 27 1. When a State has reasonable grounds for believing that a vessel irrespective of its flag or State of registration, which is voluntarily within one of its ports or at one of the offshore terminals, has violated the international rules and standards regardless of where the violation occurred, it must: (a) Undertake an immediate and thorough investigation of the violation; (b) Provide immediate notification of the results of the investigation to the flag State concerned and any States affected by the alleged violation. 2. The coastal State may prevent this vessel from sailing if it presents an excessive danger to the marine environ- ment: it may however authorize it to leave the port or terminal to go to the nearest appropriate shipyard for repairs. 3. When a coastal State has reasonable grounds for believing that a vessel, irrespective of its registration, which is voluntarily within one of its ports or at one of its offshore terminals, has released a discharge in the area extending to ... miles from the baseline from which the territorial sea is measured which constitutes a violation of the international rules and standards, it may, subject to the provisions of article 28, institute proceedings according to its laws and, if necessary, arrest the vessel. Article 28 1. A coastal State may apply the measures contained in article 27 when a vessel, passing through the territorial sea, irrespective of its flag or State of registration, has violated the international rules and standards referred to in article 20, paragraphs | and 2. 2. A coastal State may apply the measures contained in article 27 at the request of another State when a vessel, irrespective of its flag or State of registration has violated the international rules and standards referred to in article 20, paragraphs 1 and 2, by releasing a discharge in the area extending to ... miles from the baseline from where the territorial sea of the requesting State is measured if such State is party to the Convention containing these inter- national rules and standards alleged to be violated. 3. When a coastal State arrests a ship, or when it receives a request from another State in accordance with para- graph 2, it must immediately notify the flag State of these facts, furnishing a report and all other relevant information. 4. The report drawn up by the competent authorities of oe coastal State concerned shall be forwarded to the flag tate. 5. Proceedings in respect of any violation other than arresting a vesse! shall not be instituted by the coastal State until the expiry of six months from the date of notification to the flag State in accordance with paragraph 2 of this article, or at any time after the expiry of that period if the flag State has previously commenced proceedings and has not discontinued those proceedings. 6. Proceedings in respect of the violation shall not be instituted by the coastal State after the expiry of three years from the date of the violation. 7. Proceedings taken by the coastal State shall not prevent the flag State from exercising its own competence. 8. Proceedings in respect of the violation may not be instituted by another State if such proceedings in respect of the same violation have already been initiated by the flag State pursuant to the provisions of this article. 9. Only monetary penalties may be imposed by a coastal State in respect of any such violation. Article 29 When a coastal State arrests a vessel or institutes proceedings pursuant to paragraph 3 of article 27, it shall immediately release the vessel if the owner or his represen- tative deposits a bond or other reasonable security which may not exceed the maximum penalty stipulated for the violation. The vessel shall not be released if it cannot proceed to sea without presenting an excessive danger to the marine environment. However, the coastal State may permit the vessel to leave the port or offshore terminal in order to proceed to the nearest repair yard available. Article 30 1. When a coastal State has reasonable grounds for believing that a vessel, regardless of its flag or State of registration, has violated the international rules and stand- ards by releasing discharges in the area extending to ... miles from the baseline from which the territorial sea is measured, that State may require the vessel to give information by radio or other means of communication. This information shall concem: (i) Identification of the vessel and its port of regis- tration, (ii) Its last and next ports of call, (iii) Any other information required to be given by the relevant international regulation, being information which will make it possible to establish whether the suspected violation has been committed. 2. The information referred to in the preceding para- graph may only be required if the vessel is in the area extending to ... miles from the baseline from which the territorial sea is measured. Article 31 When there are reasonable grounds for believing that the vessel navigating through an area extending to ... miles from the baseline from which the territorial sea of the coastal State is measured has discharged in violation of international rules and standards, the vessel may be required to stop and may be boarded for inspection, provided that: (a) The violation has been of flagrant character causing severe damage or threat of severe damage to the marine environment, or the vessel is proceeding to or from the internal waters of the coastal State; ' (b) Any such inspection shall be limited to an examina- tion of such certificates and records as the vessel is required to carry by the relevant international regulation or of any similar documents which it is carrying;

@ O o- (c) A physical inspection of the vessel may thereafter be carried out only if that is necessary to confirm the suspected violation. Article 32 When a coastal State exercises the rights referred to in articles 30 and 31 it shall promptly notify the flag State of the suspected violation and of the respective measures which have been taken. Article 33 The rights conferred on the coastal State by articles 27 to 32 may be exercised only by officials or agents having the . authority to establish that a violation has been committed. Article 34 When taking measures against a foreign vessel pursuant to articles 27 to 32, the State in question will immediately inform the consular officer or diplomatic representative of the flag State of the vessel] against which the measures were taken. Article 35 A vessel may be detained only by virtue of a court order of the State having jurisdiction. The vessel must be immediately released if the person responsible pays the fine imposed. If as a result of an arrest the coastal State decides that it is necessary to detain the vessel, it must be taken to a safe and convenient place of anchorage. Article 36 The coastal State may exercise the powers provided for in article 35 only to the extent that there is no excessive danger to the vessel in question and that no unreasonable risks are created for navigation or the marine environment. Article 37 The coastal State must provide for recourse in its courts in respect of loss or damage resulting from the inspection, the enquiry or application of measures taken pursuant to articles 27 to 36 where they exceed those which were reasonably necessary in view of existing information. Article 38 In the exercise of its rights and duties under this chapter, a State shall not discriminate in form or in fact against foreign vessels. Article 39 Nothing in chapters VI and VIII shall affect the legal régime of straits used for international navigation. Article 40 States shall have the right to enforce laws and regulations adopted in accordance with the provisions of this Con- vention for the protection and preservation of the marine environment from atmospheric sources of marine pollution. CHAPTER VIII. RESPONSIBILITY AND LIABILITY Article 41 I. States have the responsibility to ensure that activities under their jurisdiction or control do not cause damage to areas under the jurisdiction of other States or to the marine environment of other States and shall, in accordance with principles of international law, be liable to other States for such damage. 2. States have the responsibility to ensure that activities under their jurisdiction or control do not cause damage to the marine environment beyond areas where States exercise sovereign rights in accordance with this Convention. 3. When necessary, States shall co-operate in the devel- opment of international] law relating to the protection and preservation of the marine environment in establishing inter alia criteria and procedures for the determination of liability, the assessment of damage, the payment of compensation and the settlement of related disputes. * CHAPTER IX. SOVEREIGN IMMUNITY Article 42 The provisions of chapters VI and VII shall not apply to any warship, naval auxiliary or other vessel owned or operated by a State and used, for the time being, only on government noncommercial service. However, each State shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such vessels or other craft owned or operated by it, that such vessels or other craft act in a manner consistent, so far as is reasonable and practicable, with chapters VI and VII. CHAPTER X. OTHER CONVENTIONS ON PRESERVATION OF THE MARINE ENVIRONMENT Article 43 1. The provisions of this Convention shall be without prejudice to the specific obligations assumed by States under special conventions and agreements concluded pre- viously which relate to the prevention of pollution of the marine environment and to agreements which may be concluded in furtherance of the general principles set forth in this Convention. 2. Specific obligations assumed by States under special conventions, with respect to the protection and preser- vation of the marine environment, should be applied in a manner consistent with the general principles and objectives of this Convention. CHAPTER XI. SETTLEMENT OF DISPUTES Article 44 Any dispute with respect to the interpretation or appli- cation of the provisions of this Convention with respect to the preservation of the marine environment shall be resolved by the dispute settlement procedures contained in chapter... of this Convention. *The question of settlement of disputes is referred to in chapter . . . of this Convention.

-~ kl - Part II: Marine scientific research CHAPTER I. GENERAL PROVISIONS Article 1 Marine scientific research means any study or related experimental work designed to increase man’s knowledge of the marine environment.* Article 2 All States, whether coastal or land-locked, as well as appropriate international organizations, have the right to conduct marine scientific research subject to the provisions of this Convention. Article 3 States shall endeavour to promote and facilitate in accordance with the provisions of this Convention the development and conduct of marine scientific research not only for their own benefit but also for the benefit of the international community. Article 4 States and international organizations shall apply in the conduct of marine scientific research the following prin- ciples: (a) Marine scientific research activities shall be conducted exclusively for peaceful purposes; (b) Such activities shall not unduly interfere with other legitimate uses of the sea compatible with the provisions of this Convention and shall be duly respected in the course of such uses; {c) Such activities shall comply with regulations estab- lished in conformity with the provisions of this Convention, for the preservation of the marine environment. Article 5 Marine scientific research shall be conducted subject to the rights of coastal States as provided for in this Convention. Article 6 In conducting marine scientific research in accordance with the provisions of this Convention States and compe- tent international organizations shall use appropriate scien- tific methods and may utilize vessels, aircraft, devices, equipment or installations. Article 7 Marine scientific research activities shall not form the legal basis for any claim whatsoever to any part of the marine environment or its resources. CHAPTER II. INTERNATIONAL AND REGIONAL CO-OPERATION Article 8 States shall, in accordance with the principle of respect for sovereignty and on the basis of mutual benefit, promote * A provision containing a definition of marine scientific research, together with all other definitions, could be embodied in a special introductory chapter of this Convention. international co-operation in marine scientific research for peaceful purposes. Article 9 States shall co-operate with one another, through the conclusion of bilateral and multilateral agreements, to create favourable conditions for the conduct of scientific research in the marine environment and to integrate the efforts by scientists in studying the essence of and the interrelations between phenomena and processes occurring in the marine environment. Article 10 States shall, both individually, and in co-operation with other States and with competent international organi- zations, actively promote the flow of scientific data and information and the transfer of knowledge resulting from marine scientific research in particular to developing countries,: as well as the strengthening of the autonomous marine research capabilities of developing countries through, inter alia, programmes to provide adequate edu- cation and training of their technical and scientific personnel. Article 11 The availability to every State of information and knowledge resulting from marine scientific research shall be facilitated by effective international communication of proposed major programmes and their objectives, and by publication and dissemination of the results through inter- national channels. Article 12 States and international organizations shall endeavour to facilitate marine scientific research through bilateral or regional and other multilateral agreements. CHAPTER III. CONDUCT AND PROMOTION OF MARINE SCIENTIFIC RESEARCH Article 13 Coastal States have the exclusive right to conduct and regulate marine scientific research in their territorial sea. Scientific research activities therein shall be conducted only with the explicit consent of, and under the conditions set forth by, the coastal State. Requests for such consent shall be submitted to the coastal State well in advance and shall be answered without undue delay. Article 14 Marine scientific research beyond the territorial sea, in the economic zone and on the continental shelf, shall be conducted by States as well as by appropriate international organizations in such a manner that the rights of the coastal State, as provided for in this Convention, are respected. Article 15 States and international organizations which intend to undertake scientific research in the economic zone or on the continental shelf of a coastal State shall provide that State with a full description of: (a) The nature and objectives of the research project; (b) The means to be used, including name, tonnage, type and class of vessels;

~ ho - (c) The precise geographical areas in which the activities are to be conducted; (d) The expected date of first appearance and final departure of the research vessels or equipment as the case may be; and (e) The name of the sponsoring institution, its director and the scientist(s) in charge of the expedition. Article 16 States and international organizations when undertaking scientific research shall comply with the following con- ditions: (a) Ensure the rights of the coastal State, if it so desired, to participate or to be represented in the research project; (b) Provide the coastal State an opportunity to parti- cipate directly or be represented, if it so desires, in the research on board vessels at the expense of the State conducting the research but without payment of any remuneration to the scientist of the coastal State; (c) Provide the coastal State with the final results and conclusions of the research project; (d) Undertake to provide to the coastal State, on an agreed basis, raw and processed data and samples of materials; (e) If requested, assist the coastal State in assessing the said data and samples and the results thereof; (f) Ensure that the research results are made interna- tionally available through International Data Centres or through other appropriate international channels as soon as feasible; (g) Inform the coastal State immediately of any major change in the research programme; and (h) Comply with all relevant provisions of this Con- vention. Article 17 The communication concerning the research project shall be made through appropriate official channels and the coastal State shall acknowledge its receipt immediately. Article 18 1. States and international organizations which intend to undertake scientific research shall indicate in their com- munication to the coastal State whether they consider the research project to be of a fundamental nature or related to the resources of the economic zone or continental shelf. 2. States shall seek to promote through competent international organizations the establishment of criteria and guidelines concerning the differentiation between research directly related to the exploration and exploitation of the living and non-living resources and fundamental research which is not directly related to exploration and exploi- tation of such resources. Article 19 If the coastal State considers that the research project defined by the researching State as fundamental is not of such nature, it may object only on the ground that the said project would infringe on its rights as defined in this Convention over the natural resources of the economic zone, or continental shelf. Article 20 Any dispute with respect to the determination of the nature of the research project, if not settled by negotiation between the parties concerned shall, at the request of any of the parties of the dispute, be submitted for settlement in accordance with the procedures set out in the relevant articles of this Convention. Article 21 Any research project related to the living and non-living resources of the economic zone and the continental shelf shall be conducted only with the explicit consent of the coastal State. In this case the following conditions shall apply: (a) The conditions specified in articles 15 and 16 with the exception of the condition contained in subpara- graph (f) of article 16; (b) If requested, submit to the coastal State as soon as practicable after the completion of the research, a report including a preliminary interpretation. (c) Ensure that the research results are not published or made internationally available without the express consent of the coastal State; and (d) Fulfil any other request for information relating directly to the research project. Article 22 When the research is of a fundamental nature the coastal State may indicate within ... days of the communication concerning the research projects its intent to participate in the different phases of the research on mutually agreed terms. In case the coastal State does not reply, the researching State or the international organization shall proceed with the realization of the research project in accordance with the conditions referred to in article 16. Article 23 1. States and international organizations conducting marine scientific research in the economic zone of a coastal State shall take into account the interest and rights of the land-locked and other geographically disadvantaged States of the region, neighbouring to the research area, as provided for in this Convention, and shall notify these States of the: proposed research project as well as provide, at their request, relevant information and assistance as specified in article 15 and in article 16, subparagraphs (e) and (g). 2. Such neighbouring land-locked and other geograph- ically disavantaged States shall, at their request, be given the opportunity to participate, whenever feasible, in the proposed research project through qualified experts to be appointed by them. Article 24 Coastal States shall, on the basis of bilateral or regional and other multilateral agreements and in a spirit of international co-operation with a view to promoting marine scientific research activities conducted in accordance with this Convention, adopt measures, including domestic legis- lation, to facilitate access to their harbours and to provide assistance for marine scientific research vessels carrying on such activities.

—h3- Article 25 1. All States, whether coastal or land-locked, as well as appropriate international organizations shall have the right in conformity with the provisions of this Convention to conduct marine scientific research in the international sea-bed area. 2. Information concerning the research project in accordance with article 15 shall be submitted not less than ... days beforehand to the International Sea-Bed Author- ity, established in accordance with the provisions of this Convention. 3. When a resource-oriented marine scientific research programme is planned in an area immediately adjacent to the economic zone or continental shelf of a coastal State, and research incidental to the research programme, involv- ing entries into the economic zone of the coastal State, may be required, the coastal State may request that the provisions of article 21 be fulfilled. 4. The research results should be published in a readily available scientific publication, and in any event made internationally available through appropriate international channels, as soon as possible. Article 26 All States whether coastal or land-locked as well as appropriate international organizations shall have the right in conformity with the provisions of this Convention to conduct marine scientific research in the waters of the high seas beyond the limits of the economic zone. CHAPTER IV. STATUS OF SCIENTIFIC EQUIPMENT IN THE MARINE ENVIRONMENT Article 27 The deployment and use of any type of scientific research installations or equipment in the marine environment shall be subject to the same conditions as those for the conduct of marine scientific research, as provided for in this Convention. Article 28 All the rights necessary to operate and manage and the responsibility for such installations or equipment shall remain with the States or the international organizations which have deployed them or on whose behalf they have been deployed, in accordance with the provisions of this Convention, unless otherwise agreed between the parties concerned. Article 29 In areas where the consent of the coastal State is needed for the conduct of marine scientific research in accordance with this Convention the coastal State has the power to inspect and ensure that the installations or equipment are used in conformity with the purposes and conditions set out for the conduct of the research project, including the right, in the case of contravention by the deploying States or international organizations, to take all appropriate judicial and administrative measures. Article 30 The installations or equipment referred to in this chapter shall not have the status of islands or possess their own territorial waters, and their existence shall not affect the delimitation of the territorial sea, continental shelf or economic zone of the coastal State. Article 31 Safety zones of a width not exceeding ... metres measured from the outermost points of the installations referred to in this chapter may be created around the installations. All States shall ensure that such safety zones are respected by their ships. Article 32 The deployment and use of any type of scientific research installations or equipment must not constitute an obstacle to the established international shipping routes. Article 33 Installations or equipment referred to in this chapter shall bear identification markings indicating the State or inter- national organization to which they belong and will have adequate warning signals to ensure the safety of sea and air navigation. CHAPTER V. RESPONSIBILITY AND LIABILITY Article 34 States and competent international organizations shall be responsible for ensuring that marine scientific research, whether undertaken by them or on their behalf, is conducted in accordance with the provisions of this Convention. They shall be liable, in conformity with international law, for damage arising out of marine scientific research under- taken by them or on their behalf. Article 35 1. States shall also take the necessary legislative or regulatory measures to prohibit any conduct of marine scientific research by their nationals, natural or juridical, or by other persons under their jurisdiction, which is in contravention of the provisions of this Convention and to establish sanctions therefor. 2. States shall ensure that recourse is available in accordance with their legal systems for compensation or other relief in respect of damages arising out of ntarine scientific research. 3. The liability in respect of damage caused within the . area under national jurisdiction and/or sovereignty of a coastal State arising from marine scientific research activ- ities shall be governed by the law of the coastal State, taking into account the relevant principles of international law. Article 36 States undertake to co-operate in the development of international law relating to procedures for the assessment of damage, the determination of liability, the payment of compensation and the settlement of related disputes.

~ hh - CHAPTER VI. SETTLEMENT OF DISPUTES Article 37 Any dispute with respect to the interpretation or appli- cation of the provisions of this Convention with respect to marine scientific research shall be resolved by the dispute settlement procedures contained in chapter..,. of this Convention. Part III: Development and transfer of technology CHAPTER I. GENERAL PROVISIONS Article 1 1. All States either directly or through appropriate international organizations shall co-operate within their capabilities to promote actively the development and transfer of marine sciences and marine technology at fair and reasonable terms, conditions and prices. 2. States in particular shall promote the development of the marine scientific and technological capacity of devel- oping States including land-locked and geographically dis- advantaged States* in consonance with their economies and needs, with regard to the exploration, exploitation, conser- vation and management of marine resources, the preserva- tion of the marine environment and the equitable and legitimate uses of the marine environment compatible with this Convention, with a view to accelerating the social and economic development of the developing States. Article 2 All States, in promoting such co-operation, shall have proper regard for all legitimate interests including, inter alia, the rights and duties of holders, suppliers and recipients of technology. Article. 3 All States, either directly or through appropriate inter- national organizations, shall inter alia: (a) Promote the acquisition, evaluation and dissemi- nation of marine scientific and technological knowledge; (b) Promote the development of appropriate marine technology; (c) Promote the development of the necessary tech- nological infrastructure to facilitate the transfer of marine scientific technology in consonance with the economy and the needs of the recipient country;. (d) Promote the development of human _ resources through training and education and especially the training of national personnel of a lesser developed State; (e) Facilitate access to scientific and technological information and data; and (f) Promote international co-operation at all levels, particularly at the regional, subregional and bilateral levels. *The definition of the words “geographically disadvantaged States’, together with all other definitions, could be considered in a special introductory chapter of this Convention. Article 4 In order to achieve the above-mentioned objectives, States, either directly or through the appropriate interna- tional organizations, shall endeavour to, inter alia: (a) Establish programmes of technical co-operation for the effective transfer of all kinds of marine technology to the developing States, particularly the developing land- locked States which, due to their geographically disadvan- taged situation, have not been able either to establish or develop their own technological capacity in marine science and in the exploration and exploitation of the marine resources, and to develop the infrastructure of such technology; (b) Promote favourable conditions for the conclusion of agreements, contracts and other similar arrangements, under equitable and reasonable conditions; (c) Hold conferences, meetings and seminars on appro- priate scientific and technological subjects; (d) Promote the exchange of scientists, technologists and other experts; (e) Undertake projects, promote joint ventures, mixed enterprises (including State enterprises) and other forms of bilateral and multilateral co-operation. CHAPTER II. INTERNATIONAL CO-OPERATION Article $ International co-operation for the development and transfer of technology shall, where feasible and appropriate, be carried out through existing bilateral, regional or multilateral programmes, and also through expanded and new programmes to facilitate marine scientific research and the transfer of marine technology in new fields. Article 6 States, either directly or through appropriate interna- tional organizations, shall promote the establishment of universally accepted guidelines, taking into account in particular the interests and needs of the developing States, for the transfer of marine technology and other work in the field of transfer of technology on a bilateral basis or within the framework of international organizations and other fora. | Article 7 States shall endeavour to ensure that international organi- zations competent in the field of the transfer of technology co-ordinate their activities in this field, including any regional or international programmes, taking into account the interests and needs of the developing States, including land-locked and geographically disadvantaged States. Article 8 . All States shall co-operate actively with the International Sea-Bed Authority established in accordance with this Convention, to encourage and facilitate the transfer to developing States and their nationals of skills and tech- nology with regard to exploration of the international sea-bed area, the exploitation of its resources and related activities.

~ 45 ~ Article 9 The International Sea-Bed Authority shall, within its competence concerning the exploration of the international sea-bed area, the exploitation of its resources and related activities, as provided for in article. .., ensure: (a) That nationals of developing States whether coastal, land-locked or otherwise geographically disadvantaged, on an equitable geographical distribution, be taken on under training as members of the managerial, research and technical staff constituted for its undertakings; (6b) That the technical documentation on the relevant equipment, machinery, devices and processes be made available to all developing States upon request; (c) That adequate provisions are made by it to facilitate the acquisition by any developing State, or its nationals, of the necessary skills and know-how including professional training; (d) That the developing States are assisted in the acquisi- tion of necessary equipment, processes, plant and other technical know-how through a special fund or any other financial arrangement designed for this purpose. CHAPTER III. REGIONAL MARINE SCIENTIFIC AND TECHNOLOGICAL CENTRES Article 10 States shall promote within their capabilities the estab- lishment, especially in developing States, of regional marine scientific and technological research centres, in co-ordi- nation with the International Sea-Bed Authority when appropriate as well as with international organizations and national marine scientific and technological institutions, in order to stimulate and advance the conduct of marine scientific research by developing States. Article 11 The functions of such regional centres shall include, inter alia: fa) Training and educational programmes at all levels on various aspects of marine scientific and technological research, particularly marine biology, including conser- vation and management of living resources, oceanography, hydrography, engineering, geology, sea-bed mining and desalination technologies; (b) Management studies; (c) Study programmes related to the preservation of the marine environment and the control of pollution; (d) Organization of regional seminars, conferences and symposia; (e) Acquisition and processing of marine scientific and technological data and information; (f) Prompt dissemination of results of marine scientific and technological research in readily available publications; (g) Serving as a repository of marine technologies for the States of the region covering both patented and non- patented technologies and know-how; and (h) Technical co-operation to the countries of the region.