Section 128p. 128

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

3. The right of hot pursuit ceases as soon as the ship

pursued enters the territorial sea of its own State or of a

third State.

4. Hot pursuit is not deemed to have begun unless the

pursuing ship has satisfied itself by such practicable

means as may be available that the ship pursued or one

of its boats or other craft working as a team and using the

ship pursued as a mother ship is within the limits of the

territorial

sea,

or,

as

the

case

may

be,

within

the

contiguous zone or the exclusive economic zone or above

the

continental

shelf.

The

pursuit

may

only

be

commenced after a visual or auditory signal to stop has

been given at a distance which enables it to be seen or

heard by the foreign ship.

5. The right of hot pursuit may be exercised only by

warships or military aircraft, or other ships or aircraft

clearly marked and identifiable as being on government

service and authorized to that effect.

6. Where hot pursuit is effected by an aircraft:

(a) the provisions of paragraphs 1 to 4 shall apply mutatis

mutandis ;

(b) the aircraft giving the order to stop must itself actively

pursue the ship until a ship or another aircraft of the

coastal State, summoned by the aircraft, arrives to take

over the pursuit, unless the aircraft is itself able to arrest

the ship. It does not suffice to justify an arrest outside the

territorial sea that the ship was merely sighted by the

aircraft as an offender or suspected offender, if it was not

both ordered to stop and pursued by the aircraft itself or

other aircraft or ships which continue the pursuit without

interruption.

7. The release of a ship arrested within the jurisdiction of a

State and escorted to a port of that State for the purposes

of an inquiry before the competent authorities may not

be claimed solely on the ground that the ship, in the

course of its voyage, was escorted across a portion of the

exclusive

economic

zone

or

the

high

seas,

if

the

circumstances rendered this necessary.

8. Where a ship has been stopped or arrested outside the

territorial sea in circumstances which do not justify the

exercise

of

the

right

of

hot

pursuit,

it

shall

be

compensated for any loss or damage that may have been

thereby sustained.

Article 112. Right to lay submarine cables and pipelines

1. All States are entitled to lay submarine cables and

pipelines on the bed of the high seas beyond the

continental shelf.

2. Article 79, paragraph 5, applies to such cables and

pipelines.

Article 113. Breaking or injury of a submarine cable or

pipeline

Every

State

shall

adopt

the

laws

and

regulations

necessary to provide that the breaking or injury by a ship

flying its flag or by a person subject to its jurisdiction of a

submarine cable beneath the high seas done wilfully or

through culpable negligence, in such a manner as to be

liable to interrupt or obstruct telegraphic or telephonic

communications, and similarly the breaking or injury of a

submarine pipeline or high-voltage power cable, shall be

a punishable offence. This provision shall apply also to

conduct calculated or likely to result in such breaking or

injury. However, it shall not apply to any break or injury

caused by persons who acted merely with the legitimate

object of saving their lives or their ships, after having

taken all necessary precautions to avoid such break or

injury.

Article114. Breaking or injury by owners of a submarine

cable or pipeline of another submarine cable or pipeline

Every

State

shall

adopt

the

laws

and

regulations

necessary

to

provide

that,

if

persons subject to its

jurisdiction who are the owners of a submarine cable or

pipeline beneath the high seas, in laying or repairing that

cable or pipeline, cause a break in or injury to another

cable or pipeline, they shall bear the cost of the repairs.

Article 115. Indemnity for loss incurred in avoiding injury to

a submarine cable or pipeline

Every

State

shall

adopt

the

laws

and

regulations

necessary to ensure that the owners of ships who can

prove that they have sacrificed an anchor, a net or any

other fishing gear, in order to avoid injuring a submarine

cable or pipeline, shall be indemnified by the owner of

the cable or pipeline, provided that the owner of the ship

has

taken

all

reasonable

precautionary

measures

beforehand.

SECTION 2. CONSERVATION AND MANAGEMENT

OF THE LIVING RESOURCES OF THE HIGH SEAS

Article 116. Right to fish on the high seas

All States have the right for their nationals to engage in

fishing on the high seas subject to:

(a) their treaty obligations;

(b) the rights and duties as well as the interests of coastal

States provided for, inter alia , in article 63, paragraph 2,

and articles 64 to 67; and

(c) the provisions of this section.

Article 117. Duty of States to adopt with respect to their

nationals measures for the conservation of the living

resources of the high seas

All States have the duty to take, or to cooperate with

other States in taking, such measures for their respective

nationals as may be necessary for the conservation of the

living resources of the high seas.

Article 118. Cooperation of States in the conservation and

management of living resources

States shall cooperate with each other in the conservation

and management of living resources in the areas of the

high seas. States whose nationals exploit identical living

resources, or different living resources in the same area,

shall enter into negotiations with a view to taking the

measures necessary for the conservation of the living

resources

concerned.

They

shall,

as

appropriate,

cooperate to establish subregional or regional fisheries

organizations to this end.

Article 119. Conservation of the living resources of the high

seas

1. In determining the allowable catch and establishing

other conservation measures for the living resources in

the high seas, States shall:

(a) take measures which are designed, on the best

scientific evidence available to the States concerned, to

maintain or restore populations of harvested species at

levels which can produce the maximum sustainable yield,

as qualified by relevant environmental and economic

factors, including the special requirements of developing

States, and taking into account fishing patterns, the

interdependence

of

stocks

and

any

generally

recommended

international

minimum

standards,

whether subregional, regional or global;

(b)

take

into

consideration

the

effects

on

species

associated with or dependent upon harvested species

with a view to maintaining or restoring populations of

such associated or dependent species above levels at

which

their

reproduction

may

become

seriously

threatened.

2. Available scientific information, catch and fishing effort

statistics, and other data relevant to the conservation of

fish stocks shall be contributed and exchanged on a

regular

basis

through

competent

international

organizations, whether subregional, regional or global,

where appropriate and with participation by all States

concerned.

© Compiled by RGL

128 of 192