Section 115p. 115

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

submerged at high tide. Where a low-tide elevation is

situated wholly or partly at a distance not exceeding the

breadth of the territorial sea from the mainland or an

island, the low-water line on that elevation may be used

as

the

baseline

for

measuring

the

breadth

of

the

territorial sea.

2. Where a low-tide elevation is wholly situated at a

distance exceeding the breadth of the territorial sea from

the mainland or an island, it has no territorial sea of its

own.

Article

14. Combination of methods for determining

baselines

The coastal State may determine baselines in turn by any

of the methods provided for in the foregoing articles to

suit different conditions.

Article 15. Delimitation of the territorial sea between

States with opposite or adjacent coasts

Where the coasts of two States are opposite or adjacent

to each other, neither of the two States is entitled, failing

agreement between them to the contrary, to extend its

territorial sea beyond the median line every point of

which is equidistant from the nearest points on the

baselines from which the breadth of the territorial seas of

each of the two States is measured. The above provision

does not apply, however, where it is necessary by reason

of historic title or other special circumstances to delimit

the territorial seas of the two States in a way which is at

variance therewith.

Article 16. Charts and lists of geographical coordinates

1.

The

baselines

for

measuring

the

breadth

of

the

territorial sea determined in accordance with articles 7, 9

and 10, or the limits derived therefrom, and the lines of

delimitation drawn in accordance with articles 12 and 15

shall be shown on charts of a scale or scales adequate for

ascertaining

their

position.

Alternatively,

a

list

of

geographical

coordinates

of

points,

specifying

the

geodetic datum, may be substituted.

2. The coastal State shall give due publicity to such charts

or lists of geographical coordinates and shall deposit a

copy of each such chart or list with the Secretary-General

of the United Nations.

SECTION 3. INNOCENT PASSAGE IN THE

TERRITORIAL SEA

SUBSECTION A. RULES APPLICABLE TO ALL SHIPS

Article 17. Right of innocent passage

Subject to this Convention, ships of all States, whether

coastal

or

land-locked,

enjoy

the

right

of

innocent

passage through the territorial sea.

Article 18. Meaning of passage

1. Passage means navigation through the territorial sea for

the purpose of:

(a) traversing that sea without entering internal waters or

calling at a roadstead or port facility outside internal

waters; or

(b) proceeding to or from internal waters or a call at such

roadstead or port facility.

2. Passage shall be continuous and expeditious. However,

passage includes stopping and anchoring, but only in so

far as the same are incidental to ordinary navigation or

are rendered necessary by force majeure or distress or for

the purpose of rendering assistance to persons, ships or

aircraft in danger or distress.

Article 19. Meaning of innocent passage

1. Passage is innocent so long as it is not prejudicial to the

peace, good order or security of the coastal State. Such

passage

shall

take

place

in

conformity

with

this

Convention and with other rules of international law.

2. Passage of a foreign ship shall be considered to be

prejudicial to the peace, good order or security of the

coastal State if in the territorial sea it engages in any of

the following activities:

(a) any threat or use of force against the sovereignty,

territorial

integrity

or

political

independence

of

the

coastal State, or in any other manner in violation of the

principles of international law embodied in the Charter of

the United Nations;

(b) any exercise or practice with weapons of any kind;

(c)

any

act

aimed

at

collecting

information

to the

prejudice of the defence or security of the coastal State;

(d) any act of propaganda aimed at affecting the defence

or security of the coastal State;

(e) the launching, landing or taking on board of any

aircraft;

(f) the launching, landing or taking on board of any

military device;

(g) the loading or unloading of any commodity, currency

or person contrary to the customs, fiscal, immigration or

sanitary laws and regulations of the coastal State;

(h) any act of wilful and serious pollution contrary to this

Convention;

(i) any fishing activities;

(j) the carrying out of research or survey activities;

(k) any act aimed at interfering with any systems of

communication or any other facilities or installations of

the coastal State;

(l) any other activity not having a direct bearing on

passage.

Article 20. Submarines and other underwater vehicles

In the territorial sea, submarines and other underwater

vehicles are required to navigate on the surface and to

show their flag.

Article 21. Laws and regulations of the coastal State

relating to innocent passage

1. The coastal State may adopt laws and regulations, in

conformity with the provisions of this Convention and

other rules of international law, relating to innocent

passage through the territorial sea, in respect of all or any

of the following:

(a) the safety of navigation and the regulation of maritime

traffic;

(b) the protection of navigational aids and facilities and

other facilities or installations;

(c) the protection of cables and pipelines;

(d) the conservation of the living resources of the sea;

(e) the prevention of infringement of the fisheries laws

and regulations of the coastal State;

(f) the preservation of the environment of the coastal

State

and

the

prevention,

reduction

and control of

pollution thereof;

(g) marine scientific research and hydrographic surveys;

(h) the prevention of infringement of the customs, fiscal,

immigration or sanitary laws and regulations of the

coastal State.

2. Such laws and regulations shall not apply to the design,

construction, manning or equipment of foreign ships

unless

they

are

giving

effect to generally accepted

international rules or standards.

3. The coastal State shall give due publicity to all such

laws and regulations.

4. Foreign ships exercising the right of innocent passage

through the territorial sea shall comply with all such laws

and regulations and all generally accepted international

regulations relating to the prevention of collisions at sea.

© Compiled by RGL

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