Decree of the Minister for Foreign Affairs No. 101 / 1965 Coll.
Decree of the Minister for Foreign Affairs on the Coastal Water and Zone Convention adjacent
Valid
Effective from 12.08.1964
101
DECLARATION
Minister for Foreign Affairs
of 31 July 1965
concerning the Convention on coastal waters and zones adjacent
On 29 April 1958, the Convention on Coastal Waters and the adjacent Zone was negotiated in Geneva.
On behalf of the Czechoslovak Socialist Republic, the Convention was signed in New York on 30 October 1958.
The Government agreed to the Coastal Water and Zone Convention on 26 April 1961 and the National Assembly on 26 June 1961. The President of the Republic ratified the Convention on 13 July 1961.
The Czechoslovak instrument of ratification to the Convention on Coastal Water and Zone adjacent was deposited with the Secretary-General of the United Nations - depositary of the Convention - on 31 August 1961.
The Convention entered into force on 12 August 1964 pursuant to Article 29 (1) thereof. This date also entered into force for the Czechoslovak Socialist Republic.
The Czech translation of the Convention is being announced simultaneously.
First Deputy Minister:
Dr Gregor v. r.
CONVENTION
on coastal waters and zones adjacent
The States Parties agree on the following provisions:
COVERAGE WATERS
General provisions
1. The sovereignty of the State is extended beyond its land and national waters, up to a sea zone adjacent to its coast, called coastal waters.
2. Such sovereignty shall be exercised under the conditions laid down in those Articles and in other rules of international law.
The sovereignty of the coastal State shall apply to the airspace above the coastal waters as well as to their seabed and underground.
Coastal water boundaries
Unless otherwise provided for in these Articles, the normal baseline for measuring the breadth of coastal waters shall be the tidal line along the coast as drawn on maps of a large scale officially recognised by the coastal State.
1. In places where the coast is very chipped and has deep incisions or where the strip of islands along the coast is in its immediate vicinity, it can be used to draw a baseline from which the breadth of coastal waters is measured, methods of equal basic lines joining the relevant points.
2. The setting of such basic lines shall not deviate substantially from the overall direction of the coast and the sea areas situated within such lines shall be sufficiently closely linked to the area of the country in order to be subject to the national water regime.
3. When establishing a baseline line, it shall not be based on emerging protrusions in the low-tide zone if no lighthouses or other similar devices are installed on them permanently above sea level.
4. Where the methods of equal basic lines referred to in paragraph 1 are used, account may be taken of the particular economic interests of an area whose existence and importance are evident from long-term use.
5. A system of straight basic lines cannot be used by the State in such a way that it separates from the free sea of coastal waters of another State.
6. The coastal State shall clearly indicate the straight baseline on the maritime maps, which shall be published in an appropriate manner.
1. The waters extending towards the mainland from the baselines of coastal waters are part of the national waters of the State.
2. Where the establishment of a straight baseline in accordance with Article 4 results in areas previously considered to be part of coastal waters or the high seas being included in national waters, there will be a right of peaceful passage through those waters as provided for in Articles 14 and 23.
The outer boundary of coastal waters shall consist of a line each point of which lies from the nearest point of the baseline at a distance equal to the breadth of the coastal waters.
1. This Article shall apply only to bays whose banks belong to a single State.
2. For the purposes of this Article, the bay shall be a clear notch, the penetration of which is in such proportion to the width of its mouth that it contains waters surrounded by the ground and represents more than a mere fold of the coast. However, the cut is considered to be a bay only if its area is equal to or greater than the semicircle, the diameter of which is a line through the mouth of the cut.
3. For the purposes of measurement, the area of the cut shall be considered to be the area situated between the line of the greatest tide along the coast of the cut and the line joining the points of the greatest tide at its natural mouth. However, where there is more than one mouth due to the existence of the islands, the semicircle shall be drawn on a line as long as the total sum of the lengths of the lines through the different mouth. The islands in the cut will be counted as being part of the water surface of the cut.
4. If the distance between the points of the largest tide at the natural mouth of the bay does not exceed twenty-four miles, the boundary line between the two points of the largest tide may be drawn and the waters thus bounded shall be considered as domestic waters.
5. Where the distance between the points of the largest tide at the natural mouth of the bay exceeds twenty-four miles, a straight baseline of 24 miles within the bay may be drawn in such a way that it covers the maximum water surface that can be separated by the line of that length.
6. The above provisions shall not apply to so-called "historical 'bays or to those cases where a system of equal basic lines is used in accordance with Article 4.
For the purposes of delimitation of coastal waters, permanent port facilities that run the furthest to the sea and form an integral part of the port system will be considered as part of the coast.
Seed normally used for the loading, unloading and mooring of ships and which would otherwise be wholly or partly outside the external border of coastal waters shall be included in coastal waters. The coastal State shall clearly identify these lines and mark them at the same time as their borders on maritime maps, which shall be properly published.
1. The island is a nature-created part of the land surrounded by water that stands out above the water at the highest tide.
2. The coastal waters of the island shall be measured in accordance with the provisions of these Articles.
1. The emerging rise is a natural part of a country that is surrounded by water and protruding above water at the highest tide, but is flooded at the highest tide. Where an emerging height lies wholly or partly at a distance from land or island which does not exceed the breadth of coastal waters, the tidal line of that height may be used beyond the baseline for measuring the breadth of coastal waters.
2. If the emerging surface is completely at a distance from the mainland or the island which exceeds the breadth of coastal waters, it shall not have its own coastal waters.
1. Where the coasts of two states are facing each other or adjacent to each other, none of the two states is entitled, unless otherwise agreed between them, to extend their coastal waters beyond the central line from which the breadth of the coastal waters of each of the two states is measured. However, the provisions of this paragraph shall not apply where it is necessary to limit the coastal waters of both States in a manner contrary to that provision for a historic legal reason or other specific circumstances.
2. The boundary line between the coastal waters of the two states facing each other or neighbouring countries will be drawn on the sea maps of a large scale officially recognised by coastal States.
If the river flows directly into the sea, the baseline line will be a straight line across the mouth of the river between the points of its shores on the line of the greatest tide.
Right of peaceful passage
Rules applicable to all ships
1. Subject to the provisions of these Articles, ships of all States, whether coastal or national, shall have the right of peaceful passage through coastal waters.
2. The passage is by coastal waters either for the purpose of passing through without the ship entering national waters, or for the purpose of entering national waters, or for the purpose of leaving national waters to the open sea.
3. The passage involves stopping and anchoring, but only as long as it relates to normal navigation or has become necessary due to force majeure or emergency.
4. The passage is peaceful unless it threatens peace, public order or the security of the coastal state. Such transit will take place in accordance with these Articles and other rules of international law.
5. The passage of foreign fishing vessels shall not be considered peaceful if such vessels do not retain the laws and regulations of the coastal State which they have issued and published to prevent such vessels from fishing in coastal waters.
6. Undersea vessels are obliged to sail on the surface and show their flag.
1. The coastal State must not make peaceful passage through coastal waters difficult.
2. The coastal State is required to give adequate attention to any hazards which, in its knowledge, threaten the voyage through its coastal waters.
1. The coastal State may take the necessary measures in its coastal waters to prevent a transit which is not peaceful.
2. With regard to ships going into national waters, the coastal State shall have the right to take the necessary measures to prevent any breach of the conditions laid down for the admission of such ships to those waters.
3. Subject to the provisions of paragraph 4, a coastal State may temporarily stop the peaceful passage of foreign ships in certain areas of its coastal waters without discriminating between foreign ships, provided that such a stop is necessary to protect its safety. Such a stop will take effect only if it has been properly published.
4. The peaceful passage of foreign ships shall not be stopped in straits used for international navigation between one part of the high seas and the other part of the high seas or coastal waters of another State.
Foreign ships exercising the right of peaceful passage shall be subject to the laws and regulations issued by the coastal State in accordance with these Articles and other rules of international law, and in particular those laws and regulations applicable to transport and navigation.
Rules applicable to merchant ships
1. No charges may be levied on foreign ships for the mere passage through coastal waters.
2. Fees may be levied on foreign ships passing through coastal waters only as payment for the special services of the proven ship. These fees must be collected without discrimination.
1. The criminal jurisdiction of a coastal State shall not be exercised over foreign ships passing through coastal waters in order to arrest a person or investigate a crime committed on board a ship at the time of its transit, except in the following cases:
(a) where the consequences of the offence affect a coastal State;
(b) if the offence is capable of violating the peace of the country or order of the coastal waters;
(c) where assistance from local authorities has been requested by the captain of the ship or by the consul of the country whose flag the ship is flying;
(d) where it is necessary to prevent illicit trafficking in narcotic drugs.
2. The above provisions shall not affect the right of a coastal State to implement the measures provided for by its legislation for the purpose of the arrest or investigation on board a foreign ship passing through coastal waters after leaving national waters.
3. In the cases foreseen in paragraphs 1 and 2 of this Article, the coastal State, if requested by the ship's captain, shall inform the consular authority of the State whose flag the ship is flying, before taking any action, and shall facilitate contact between the consular office and the crew. In cases of urgency, the communication may be made during the measures taken.
4. When assessing whether or not an arrest is to be carried out, local authorities shall take due account of the interests of the voyage.
5. A coastal State may not take any action on board a foreign ship passing through coastal waters to arrest a person or investigate in connection with any crime committed before the ship entered coastal waters, if that ship has sailed from a foreign port and only passes through coastal waters without entering domestic waters.
1. The coastal State is not to detain or alter a foreign ship passing through coastal waters for the purpose of exercising civil jurisdiction against a person on board a ship.
2. A coastal State may not carry out execution or detention measures against a ship in civil matters, unless it is a liability or liability which the ship itself has assumed or which affects it during a voyage or for the purpose of its voyage through the waters of a coastal State.
3. The provisions of the preceding paragraph shall be without prejudice to the right of the coastal State to carry out execution or to carry out protective measures in civil matters under its law against a foreign ship which is anchored in or passing through coastal waters after leaving national waters.
Rules applicable to non-war State ships
The rules contained in Subsections A and B shall also apply to State ships used for commercial purposes.
1. Rules contained in the Subsection And Article 18 applies to non-commercial State ships.
2. With the exceptions contained in the provisions referred to in the preceding paragraph, nothing in these Articles shall affect the immunity enjoyed by such ships under those Articles or other rules of international law.
Rules applicable to warships
If a warship does not comply with the regulations of a coastal State relating to the passage of coastal waters and disobeys the call given to it to comply with them, the coastal State may request that a warship leave coastal waters.
Adder zone
1. In the open sea zone adjacent to its coastal waters, the coastal State may carry out the checks necessary to:
(a) infringements of its customs, fiscal, immigration or health rules within its territory or in coastal waters are prevented;
(b) infringements of those provisions have been committed in its territory or in coastal waters.
2. The adjacent zone shall not extend further than 12 miles from the baseline from which the breadth of coastal waters is measured.
3. Where the coasts of two states lie opposite each other or adjacent, none of the two states is entitled, if there is no opposite agreement between them, to extend their zone adjacent to the central line, each point of which is at the same distance from the nearest points on the baseline from which the breadth of the coastal waters of the two states is measured.
Final articles
The provisions of this Convention shall not prejudice the conventions or other international agreements in force in relations between the States Parties to these conventions or agreements.
This Convention shall be open for signature by 31 October 1958 to all Member States of the United Nations or to certain international experts, as well as to any other State invited by the General Assembly of the United Nations to become a Contracting Party to this Convention.
This Convention shall be subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.
This Convention shall be open to access by any State belonging to one of the categories referred to in Article 26. The instruments of access shall be deposited with the Secretary-General of the United Nations.
1. This Convention shall take effect on the 30th day following the date of deposit of the 22nd instrument of ratification or accession with the Secretary-General of the United Nations.
2. For each State which ratifies or accedes to the Convention after the deposit of the 22nd instrument of ratification or accession, the Convention shall become applicable on the 30th day following the deposit of its instrument of ratification or accession.
1. At the end of the five-year period from the date of entry into force of this Convention, any Contracting Party may at any time submit a request for revision of this Convention by written communication addressed to the Secretary-General of the United Nations.
2. The General Assembly of the United Nations shall decide on the measures to be taken following such an application.
The Secretary-General of the United Nations shall inform all Member States of the United Nations and the other States referred to in Article 26:
(a) the signatures of this Convention and the deposit of instruments of ratification and accession pursuant to Articles 26, 27 and 28;
(b) the date of entry into force of this Convention pursuant to Article 29;
(c) requests for revision pursuant to Article 30.
The original of this Convention, the English, Chinese, French, Russian and Spanish versions of which are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies to all States referred to in Article 26.
To prove the signed agents, duly mandated by their governments, signed this Convention.
Dane in Geneva, the twenty-ninth of April a thousand nine hundred fifty-eight.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 101 / 1965 Coll., on the Convention on Coastal Waters and the Zone adjacent |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.10.1965 |
|---|---|
| Effective from | 12.08.1964 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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