Section 125p. 125

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

Article 81. Drilling on the continental shelf

The

coastal

State

shall

have

the

exclusive

right to

authorize and regulate drilling on the continental shelf for

all purposes.

Article 82. Payments and contributions with respect to

the exploitation of the continental shelf beyond 200

nautical miles

1. The coastal State shall make payments or contributions

in kind in respect of the exploitation of the non-living

resources of the continental shelf beyond 200 nautical

miles from the baselines from which the breadth of the

territorial sea is measured.

2.

The

payments

and

contributions

shall

be

made

annually with respect to all production at a site after the

first five years of production at that site. For the sixth year,

the rate of payment or contribution shall be 1 per cent of

the value or volume of production at the site. The rate

shall increase by 1 per cent for each subsequent year until

the twelfth year and shall remain at 7 per cent thereafter.

Production

does

not

include

resources

used

in

connection with exploitation.

3. A developing State which is a net importer of a mineral

resource produced from its continental shelf is exempt

from making such payments or contributions in respect

of that mineral resource.

4. The payments or contributions shall be made through

the Authority, which shall distribute them to States

Parties to this Convention, on the basis of equitable

sharing criteria, taking into account the interests and

needs

of

developing

States,

particularly

the

least

developed and the land-locked among them.

Article 83. Delimitation of the continental shelf between

States with opposite or adjacent coasts

1. The delimitation of the continental shelf between States

with opposite or adjacent coasts shall be effected by

agreement on the basis of international law, as referred to

in Article 38 of the Statute of the International Court of

Justice, in order to achieve an equitable solution.

2. If no agreement can be reached within a reasonable

period of time, the States concerned shall resort to the

procedures provided for in Part XV.

3. Pending agreement as provided for in paragraph 1, the

States

concerned,

in

a

spirit

of

understanding and

cooperation,

shall

make

every

effort

to

enter

into

provisional

arrangements

of

a

practical

nature and,

during

this

transitional

period,

not to jeopardize or

hamper

the

reaching

of the final agreement. Such

arrangements shall be without prejudice to the final

delimitation.

4. Where there is an agreement in force between the

States concerned, questions relating to the delimitation

of

the

continental

shelf

shall

be

determined

in

accordance with the provisions of that agreement.

Article 84. Charts and lists of geographical coordinates

1.

Subject

to this Part, the outer limit lines of the

continental shelf and the lines of delimitation drawn in

accordance with article 83 shall be shown on charts of a

scale or scales adequate for ascertaining their position.

Where appropriate, lists of geographical coordinates of

points,

specifying

the

geodetic

datum,

may

be

substituted

for

such

outer

limit

lines

or

lines

of

delimitation.

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 and, in the case of those showing

the outer limit lines of the continental shelf, with the

Secretary-General of the Authority.

Article 85. Tunnelling

This Part does not prejudice the right of the coastal State

to exploit the subsoil by means of tunnelling, irrespective

of the depth of water above the subsoil.

PART VII. HIGH SEAS

SECTION 1. GENERAL PROVISIONS

Article 86. Application of the provisions of this Part

The provisions of this Part apply to all parts of the sea that

are not included in the exclusive economic zone, in the

territorial sea or in the internal waters of a State, or in the

archipelagic waters of an archipelagic State. This article

does not entail any abridgement of the freedoms enjoyed

by

all

States

in

the

exclusive

economic

zone

in

accordance with article 58.

Article 87. Freedom of the high seas

1. The high seas are open to all States, whether coastal or

land-locked. Freedom of the high seas is exercised under

the conditions laid down by this Convention and by other

rules of international law. It comprises, inter alia , both for

coastal and land-locked States:

(a) freedom of navigation;

(b) freedom of overflight;

(c)

freedom

to

lay

submarine cables and pipelines,

subject to Part VI;

(d) freedom to construct artificial islands and other

installations permitted under international law, subject to

Part VI;

(e) freedom of fishing, subject to the conditions laid down

in section 2;

(f) freedom of scientific research, subject to Parts VI and

XIII.

2. These freedoms shall be exercised by all States with

due regard for the interests of other States in their

exercise of the freedom of the high seas, and also with

due regard for the rights under this Convention with

respect to activities in the Area.

Article 88. Reservation of the high seas for peaceful

purposes

The high seas shall be reserved for peaceful purposes.

Article 89. Invalidity of claims of sovereignty over the high

seas

No State may validly purport to subject any part of the

high seas to its sovereignty.

Article 90. Right of navigation

Every State, whether coastal or land-locked, has the right

to sail ships flying its flag on the high seas.

Article 91. Nationality of ships

1. Every State shall fix the conditions for the grant of its

nationality to ships, for the registration of ships in its

territory, and for the right to fly its flag. Ships have the

nationality of the State whose flag they are entitled to fly.

There must exist a genuine link between the State and

the ship.

2. Every State shall issue to ships to which it has granted

the right to fly its flag documents to that effect.

Article 92. Status of ships

1. Ships shall sail under the flag of one State only and, save

in

exceptional

cases

expressly

provided

for

in

international

treaties or in this Convention, shall be

subject to its exclusive jurisdiction on the high seas. A

ship may not change its flag during a voyage or while in a

port of call, save in the case of a real transfer of ownership

or change of registry.

2. A ship which sails under the flags of two or more States,

using them according to convenience, may not claim any

of the nationalities in question with respect to any other

© Compiled by RGL

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