Section 116p. 116

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

Article 22. Sea lanes and traffic separation schemes in

the territorial sea

1. The coastal State may, where necessary having regard

to

the

safety

of

navigation,

require

foreign

ships

exercising the right of innocent passage through its

territorial sea to use such sea lanes and traffic separation

schemes

as

it

may

designate

or

prescribe

for

the

regulation of the passage of ships.

2. In particular, tankers, nuclear-powered ships and ships

carrying nuclear or other inherently dangerous or noxious

substances or materials may be required to confine their

passage to such sea lanes.

3. In the designation of sea lanes and the prescription of

traffic separation schemes under this article, the coastal

State shall take into account:

(a) the recommendations of the competent international

organization;

(b)

any

channels

customarily

used

for

international

navigation;

(c) the special characteristics of particular ships and

channels; and

(d) the density of traffic.

4. The coastal State shall clearly indicate such sea lanes

and traffic separation schemes on charts to which due

publicity shall be given.

Article

23. Foreign nuclear-powered ships and ships

carrying

nuclear

or

other

inherently

dangerous

or

noxious substances

Foreign

nuclear-powered

ships

and

ships

carrying

nuclear

or

other

inherently

dangerous

or

noxious

substances shall, when exercising the right of innocent

passage through the territorial sea, carry documents and

observe special precautionary measures established for

such ships by international agreements.

Article 24. Duties of the coastal State

1.

The coastal State shall not hamper the innocent

passage of foreign ships through the territorial sea except

in accordance with this Convention. In particular, in the

application

of

this

Convention

or

of

any

laws

or

regulations adopted in conformity with this Convention,

the coastal State shall not:

(a) impose requirements on foreign ships which have the

practical effect of denying or impairing the right of

innocent passage; or

(b) discriminate in form or in fact against the ships of any

State or against ships carrying cargoes to, from or on

behalf of any State.

2. The coastal State shall give appropriate publicity to any

danger to navigation, of which it has knowledge, within

its territorial sea.

Article 25. Rights of protection of the coastal State

1. The coastal State may take the necessary steps in its

territorial sea to prevent passage which is not innocent.

2. In the case of ships proceeding to internal waters or a

call at a port facility outside internal waters, the coastal

State also has the right to take the necessary steps to

prevent any breach of the conditions to which admission

of those ships to internal waters or such a call is subject.

3. The coastal State may, without discrimination in form

or in fact among foreign ships, suspend temporarily in

specified areas of its territorial sea the innocent passage

of foreign ships if such suspension is essential for the

protection of its security, including weapons exercises.

Such suspension shall take effect only after having been

duly published.

Article 26. Charges which may be levied upon foreign

ships

1. No charge may be levied upon foreign ships by reason

only of their passage through the territorial sea.

2. Charges may be levied upon a foreign ship passing

through the territorial sea as payment only for specific

services rendered to the ship. These charges shall be

levied without discrimination.

SUBSECTION B. RULES APPLICABLE TO MERCHANT

SHIPS

AND

GOVERNMENT

SHIPS

OPERATED

FOR

COMMERCIAL PURPOSES

Article 27. Criminal jurisdiction on board a foreign ship

1. The criminal jurisdiction of the coastal State should not

be exercised on board a foreign ship passing through the

territorial sea to arrest any person or to conduct any

investigation in connection with any crime committed on

board the ship during its passage, save only in the

following cases:

(a) if the consequences of the crime extend to the coastal

State;

(b) if the crime is of a kind to disturb the peace of the

country or the good order of the territorial sea;

(c) if the assistance of the local authorities has been

requested by the master of the ship or by a diplomatic

agent or consular officer of the flag State; or

(d) if such measures are necessary for the suppression of

illicit traffic in narcotic drugs or psychotropic substances.

2. The above provisions do not affect the right of the

coastal State to take any steps authorized by its laws for

the purpose of an arrest or investigation on board a

foreign ship passing through the territorial sea after

leaving internal waters.

3. In the cases provided for in paragraphs 1 and 2, the

coastal State shall, if the master so requests, notify a

diplomatic agent or consular officer of the flag State

before

taking

any steps, and shall facilitate contact

between such agent or officer and the ship's crew. In

cases

of

emergency

this

notification

may

be

communicated while the measures are being taken.

4. In considering whether or in what manner an arrest

should be made, the local authorities shall have due

regard to the interests of navigation.

5. Except as provided in Part XII or with respect to

violations of laws and regulations adopted in accordance

with Part V, the coastal State may not take any steps on

board a foreign ship passing through the territorial sea to

arrest any person or to conduct any investigation in

connection with any crime committed before the ship

entered the territorial sea, if the ship, proceeding from a

foreign port, is only passing through the territorial sea

without entering internal waters.

Article 28. Civil jurisdiction in relation to foreign ships

1. The coastal State should not stop or divert a foreign ship

passing through the territorial sea for the purpose of

exercising civil jurisdiction in relation to a person on

board the ship.

2. The coastal State may not levy execution against or

arrest the ship for the purpose of any civil proceedings,

save only in respect of obligations or liabilities assumed or

incurred by the ship itself in the course or for the purpose

of its voyage through the waters of the coastal State.

3. Paragraph 2 is without prejudice to the right of the

coastal

State,

in

accordance

with

its

laws,

to

levy

execution against or to arrest, for the purpose of any civil

proceedings, a foreign ship lying in the territorial sea, or

passing through the territorial sea after leaving internal

waters.

SUBSECTION C. RULES APPLICABLE TO WARSHIPS

AND

OTHER

GOVERNMENT

SHIPS OPERATED FOR

NON-COMMERCIAL PURPOSES

Article 29. Definition of warships

For the purposes of this Convention, "warship" means a

ship belonging to the armed forces of a State bearing the

external marks distinguishing such ships of its nationality,

under the command of an officer duly commissioned by

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