Section 117p. 117

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

the government of the State and whose name appears in

the appropriate service list or its equivalent, and manned

by a crew which is under regular armed forces discipline.

Article 30. Non-compliance by warships with the laws

and regulations of the coastal State

If any warship does not comply with the laws and

regulations

of the coastal State concerning passage

through the territorial sea and disregards any request for

compliance therewith which is made to it, the coastal

State

may

require

it

to

leave

the

territorial

sea

immediately.

Article 31. Responsibility of the flag State for damage

caused by a warship or other government ship operated

for non-commercial purposes

The flag State shall bear international responsibility for

any loss or damage to the coastal State resulting from the

non-compliance by a warship or other government ship

operated for non-commercial purposes with the laws and

regulations

of the coastal State concerning passage

through the territorial sea or with the provisions of this

Convention or other rules of international law.

Article 32. Immunities of warships and other government

ships operated for non-commercial purposes

With such exceptions as are contained in subsection A

and in articles 30 and 31, nothing in this Convention

affects the immunities of warships and other government

ships operated for non-commercial purposes.

SECTION 4. CONTIGUOUS ZONE

Article 33. Contiguous zone

1. In a zone contiguous to its territorial sea, described as

the contiguous zone, the coastal State may exercise the

control necessary to:

(a)

prevent

infringement

of

its

customs,

fiscal,

immigration or sanitary laws and regulations within its

territory or territorial sea;

(b)

punish

infringement

of

the

above

laws

and

regulations committed within its territory or territorial sea.

2. The contiguous zone may not extend beyond 24

nautical miles from the baselines from which the breadth

of the territorial sea is measured.

PART III. STRAITS USED FOR INTERNATIONAL

NAVIGATION

SECTION 1. GENERAL PROVISIONS

Article 34. Legal status of waters forming straits used for

international navigation

1.

The

regime

of

passage

through

straits

used

for

international navigation established in this Part shall not

in other respects affect the legal status of the waters

forming

such

straits

or

the

exercise

by

the

States

bordering the straits of their sovereignty or jurisdiction

over such waters and their air space, bed and subsoil.

2. The sovereignty or jurisdiction of the States bordering

the straits is exercised subject to this Part and to other

rules of international law.

Article 35. Scope of this Part

Nothing in this Part affects:

(a) any areas of internal waters within a strait, except

where

the

establishment

of

a

straight

baseline

in

accordance with the method set forth in article 7 has the

effect of enclosing as internal waters areas which had not

previously been considered as such;

(b) the legal status of the waters beyond the territorial

seas of States bordering straits as exclusive economic

zones or high seas; or

(c)

the

legal

regime

in straits in which passage is

regulated

in

whole

or

in

part

by

long-standing

international conventions in force specifically relating to

such straits.

Article 36. High seas routes or routes through exclusive

economic zones through straits used for international

navigation

This Part does not apply to a strait used for international

navigation if there exists through the strait a route

through the high seas or through an exclusive economic

zone of similar convenience with respect to navigational

and hydrographical characteristics; in such routes, the

other relevant Parts of this Convention, including the

provisions regarding the freedoms of navigation and

overflight, apply.

SECTION 2. TRANSIT PASSAGE

Article 37. Scope of this section

This

section

applies

to

straits

which

are

used

for

international navigation between one part of the high

seas or an exclusive economic zone and another part of

the high seas or an exclusive economic zone.

Article 38. Right of transit passage

1. In straits referred to in article 37, all ships and aircraft

enjoy the right of transit passage, which shall not be

impeded; except that, if the strait is formed by an island

of a State bordering the strait and its mainland, transit

passage shall not apply if there exists seaward of the

island a route through the high seas or through an

exclusive economic zone of similar convenience with

respect

to

navigational

and

hydrographical

characteristics.

2. Transit passage means the exercise in accordance with

this Part of the freedom of navigation and overflight

solely for the purpose of continuous and expeditious

transit of the strait between one part of the high seas or

an exclusive economic zone and another part of the high

seas

or

an

exclusive

economic

zone.

However,

the

requirement of continuous and expeditious transit does

not preclude passage through the strait for the purpose

of entering, leaving or returning from a State bordering

the strait, subject to the conditions of entry to that State.

3. Any activity which is not an exercise of the right of

transit passage through a strait remains subject to the

other applicable provisions of this Convention.

Article 39. Duties of ships and aircraft during transit

passage

1. Ships and aircraft, while exercising the right of transit

passage, shall:

(a) proceed without delay through or over the strait;

(b) refrain from any threat or use of force against the

sovereignty, territorial integrity or political independence

of States bordering the strait, or in any other manner in

violation of the principles of international law embodied

in the Charter of the United Nations;

(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 Part.

2. Ships in transit passage shall:

(a)

comply

with

generally

accepted

international

regulations, procedures and practices for safety at sea,

including the International Regulations for Preventing

Collisions at Sea;

(b)

comply

with

generally

accepted

international

regulations, procedures and practices for the prevention,

reduction and control of pollution from ships.

3. Aircraft in transit passage shall:

© Compiled by RGL

117 of 192