Public International Law Volume I
Public International Law Volume I
Answer First
Primary Text
PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I
archipelagic State, after which the archipelagic State may
designate, prescribe or substitute them.
10. The archipelagic State shall clearly indicate the axis of
the
sea
lanes
and
the
traffic
separation
schemes
designated or prescribed by it on charts to which due
publicity shall be given.
11. Ships in archipelagic sea lanes passage 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 or
air routes, the right of archipelagic sea lanes passage may
be
exercised
through
the
routes
normally used for
international navigation.
Article 54. Duties of ships and aircraft during their
passage, research and survey activities, duties of the
archipelagic State and laws and regulations of the
archipelagic State relating to archipelagic sea lanes
passage
Articles 39, 40, 42 and 44 apply mutatis mutandis to
archipelagic sea lanes passage.
PART V. EXCLUSIVE ECONOMIC ZONE
Article 55. Specific legal regime of the exclusive economic
zone
The exclusive economic zone is an area beyond and
adjacent to the territorial sea, subject to the specific legal
regime established in this Part, under which the rights
and jurisdiction of the coastal State and the rights and
freedoms of other States are governed by the relevant
provisions of this Convention.
Article 56. Rights, jurisdiction and duties of the coastal
State in the exclusive economic zone
1. In the exclusive economic zone, the coastal State has:
(a) sovereign rights for the purpose of exploring and
exploiting,
conserving
and
managing
the
natural
resources, whether living or non-living, of the waters
superjacent to the seabed and of the seabed and its
subsoil,
and
with
regard
to
other
activities for the
economic exploitation and exploration of the zone, such
as the production of energy from the water, currents and
winds;
(b) jurisdiction as provided for in the relevant provisions of
this Convention with regard to:
(i)
the
establishment
and
use
of
artificial
islands,
installations and structures;
(ii) marine scientific research;
(iii)
the
protection
and
preservation
of
the
marine
environment;
(c) other rights and duties provided for in this Convention.
2. In exercising its rights and performing its duties under
this Convention in the exclusive economic zone, the
coastal State shall have due regard to the rights and
duties
of
other
States
and
shall
act
in
a
manner
compatible with the provisions of this Convention.
3. The rights set out in this article with respect to the
seabed and subsoil shall be exercised in accordance with
Part VI.
Article 57. Breadth of the exclusive economic zone
The exclusive economic zone shall not extend beyond 200
nautical miles from the baselines from which the breadth
of the territorial sea is measured.
Article 58. Rights and duties of other States in the
exclusive economic zone
1. In the exclusive economic zone, all States, whether
coastal or land-locked, enjoy, subject to the relevant
provisions of this Convention, the freedoms referred to in
article 87 of navigation and overflight and of the laying of
submarine cables and pipelines, and other internationally
lawful uses of the sea related to these freedoms, such as
those associated with the operation of ships, aircraft and
submarine cables and pipelines, and compatible with the
other provisions of this Convention.
2.
Articles
88
to
115
and
other
pertinent
rules
of
international law apply to the exclusive economic zone in
so far as they are not incompatible with this Part.
3. In exercising their rights and performing their duties
under this Convention in the exclusive economic zone,
States shall have due regard to the rights and duties of
the coastal State and shall comply with the laws and
regulations adopted by the coastal State in accordance
with the provisions of this Convention and other rules of
international law in so far as they are not incompatible
with this Part.
Article 59. Basis for the resolution of conflicts regarding
the attribution of rights and jurisdiction in the exclusive
economic zone
In cases where this Convention does not attribute rights
or jurisdiction to the coastal State or to other States
within the exclusive economic zone, and a conflict arises
between the interests of the coastal State and any other
State or States, the conflict should be resolved on the
basis of equity and in the light of all the relevant
circumstances,
taking
into
account
the
respective
importance of the interests involved to the parties as well
as to the international community as a whole.
Article 60. Artificial islands, installations and structures in
the exclusive economic zone
1. In the exclusive economic zone, the coastal State shall
have the exclusive right to construct and to authorize and
regulate the construction, operation and use of:
(a) artificial islands;
(b) installations and structures for the purposes provided
for in article 56 and other economic purposes;
(c) installations and structures which may interfere with
the exercise of the rights of the coastal State in the zone.
2. The coastal State shall have exclusive jurisdiction over
such
artificial
islands,
installations
and
structures,
including
jurisdiction
with regard to customs, fiscal,
health, safety and immigration laws and regulations.
3. Due notice must be given of the construction of such
artificial
islands,
installations
or
structures,
and
permanent means for giving warning of their presence
must be maintained. Any installations or structures which
are abandoned or disused shall be removed to ensure
safety of navigation, taking into account any generally
accepted
international
standards
established
in
this
regard by the competent international organization. Such
removal
shall
also
have
due
regard
to fishing, the
protection of the marine environment and the rights and
duties of other States. Appropriate publicity shall be given
to the depth, position and dimensions of any installations
or structures not entirely removed.
4. The coastal State may, where necessary, establish
reasonable safety zones around such artificial islands,
installations
and
structures
in
which
it
may
take
appropriate
measures
to
ensure
the
safety both of
navigation and of the artificial islands, installations and
structures.
5. The breadth of the safety zones shall be determined by
the
coastal
State,
taking
into
account
applicable
international standards. Such zones shall be designed to
ensure that they are reasonably related to the nature and
function of the artificial islands, installations or structures,
and shall not exceed a distance of 500 metres around
them, measured from each point of their outer edge,
except as authorized by generally accepted international
standards
or
as
recommended
by
the
competent
international organization. Due notice shall be given of
the extent of safety zones.
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