Section 118p. 118

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

(a) observe the Rules of the Air established by the

International Civil Aviation Organization 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

competent

internationally

designated

air

traffic

control authority or the appropriate international distress

radio frequency.

Article 40, Research and survey activities

During transit passage, foreign ships, including marine

scientific research and hydrographic survey ships, may

not carry out any research or survey activities without the

prior authorization of the States bordering straits.

Article 41. Sea lanes and traffic separation schemes in

straits used for international navigation

1. In conformity with this Part, States bordering straits

may designate sea lanes and prescribe traffic separation

schemes for navigation in straits where necessary to

promote the safe passage of ships.

2. Such States may, when circumstances require, and

after giving due publicity thereto, substitute other sea

lanes or traffic separation schemes for any sea lanes or

traffic

separation

schemes

previously

designated

or

prescribed by them.

3. Such sea lanes and traffic separation schemes shall

conform to generally accepted international regulations.

4.

Before

designating

or

substituting

sea

lanes

or

prescribing or substituting traffic separation schemes,

States

bordering

straits

shall

refer proposals 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

with the States bordering the straits, after which the

States may designate, prescribe or substitute them.

5.

In

respect

of a strait where sea lanes or traffic

separation schemes through the waters of two or more

States bordering the strait are being proposed, the States

concerned shall cooperate in formulating proposals in

consultation

with

the

competent

international

organization.

6. States bordering straits shall clearly indicate all sea

lanes

and

traffic

separation

schemes designated or

prescribed by them on charts to which due publicity shall

be given.

7. Ships in transit passage shall respect applicable sea

lanes

and

traffic

separation

schemes established in

accordance with this article.

Article 42. Laws and regulations of States bordering

straits relating to transit passage

1.

Subject

to

the

provisions

of

this

section,

States

bordering straits may adopt laws and regulations relating

to transit passage through straits, in respect of all or any

of the following:

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

traffic, as provided in article 41;

(b) the prevention, reduction and control of pollution, by

giving

effect

to

applicable

international

regulations

regarding the discharge of oil, oily wastes and other

noxious substances in the strait;

(c) with respect to fishing vessels, the prevention of

fishing, including the stowage of fishing gear;

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

or

person

in

contravention

of

the

customs,

fiscal,

immigration or sanitary laws and regulations of States

bordering straits.

2. Such laws and regulations shall not discriminate in

form or in fact among foreign ships or in their application

have

the

practical

effect

of

denying, hampering or

impairing the right of transit passage as defined in this

section.

3. States bordering straits shall give due publicity to all

such laws and regulations.

4. Foreign ships exercising the right of transit passage

shall comply with such laws and regulations.

5. The flag State of a ship or the State of registry of an

aircraft entitled to sovereign immunity which acts in a

manner contrary to such laws and regulations or other

provisions

of

this

Part

shall

bear

international

responsibility for any loss or damage which results to

States bordering straits.

Article

43.

Navigational

and

safety

aids and other

improvements and the prevention, reduction and control

of pollution

User States and States bordering a strait should by

agreement cooperate:

(a) in the establishment and maintenance in a strait of

necessary

navigational

and

safety

aids

or

other

improvements in aid of international navigation; and

(b) for the prevention, reduction and control of pollution

from ships.

Article 44. Duties of States bordering straits

States bordering straits shall not hamper transit passage

and shall give appropriate publicity to any danger to

navigation or overflight within or over the strait of which

they have knowledge. There shall be no suspension of

transit passage.

SECTION 3. INNOCENT PASSAGE

Article 45. Innocent passage

1. The regime of innocent passage, in accordance with

Part

II,

section

3,

shall

apply

in

straits

used

for

international navigation:

(a) excluded from the application of the regime of transit

passage under article 38, paragraph 1; or

(b) between a part of the high seas or an exclusive

economic zone and the territorial sea of a foreign State.

2. There shall be no suspension of innocent passage

through such straits.

PART IV. ARCHIPELAGIC STATES

Article 46. Use of terms

For the purposes of this 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, interconnecting waters and other natural

features

which

are so closely interrelated that such

islands,

waters

and

other

natural

features

form

an

intrinsic geographical, economic and political entity, or

which historically have been regarded as such.

Article 47. Archipelagic baselines

1. An archipelagic State may draw straight archipelagic

baselines joining the outermost points of the outermost

islands and drying reefs of the archipelago provided that

within such baselines are included 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 1 to 1 and 9 to

1.

2. The length of such baselines shall not exceed 100

nautical miles, except that up to 3 per cent of the total

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.

© Compiled by RGL

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