Decree of the Minister for Foreign Affairs No. 144 / 1964 Coll.
Decree of the Minister for Foreign Affairs on the Convention on the mainland
Valid
Effective from 10.06.1964
144
DECLARATION
Minister for Foreign Affairs
of 27 June 1964
concerning the Convention on the Land Shallows
On 29 April 1958, the Convention on the Mainland Shallows was negotiated in Geneva. On behalf of the Czechoslovak Socialist Republic, the Convention was signed in New York on 31 October 1958.
On 26 April 1961 and on 26 June 1961, the Government agreed to the Convention on the Mainland Shallows. The President of the Republic ratified the Convention on 13 July 1961.
The instrument of ratification of the Czechoslovak Socialist Republic to the Convention on the mainland was deposited with the Secretary-General of the United Nations - depositary of the Convention - on 31 August 1961.
The Convention entered into force on 10 June 1964 on the basis of Article 11 (1) thereof and also entered into force on that date for the Czechoslovak Socialist Republic.
The Czech translation of the Convention is being announced simultaneously.
David v. r.
_
The States Parties agree on the following provisions:
For the purposes of these Articles, the term "land shallows' is used for the designation of:
(a) the seabed and the underground areas adjacent to the coast, but situated outside the coastal waters area up to 200 metres deep, or beyond that border to the point where the depth of the waters allows the use of the natural resources of those areas;
(b) the seabed and subsoil of similar marine areas adjacent to the shores of the islands.
1. The coastal State exercises sovereign rights over the mainland to explore and exploit its natural resources.
2. The rights referred to in paragraph 1 of this Article shall be exclusive in the sense that, if the coastal State does not carry out a survey of the mainland's shallows or does not benefit from its natural wealth, no one may take such action or make claims on the mainland without the express consent of the coastal State.
3. The coastal State's rights to the mainland are independent of actual or fictitious occupation or any explicit declaration.
4. The natural resources referred to in these Articles include mineral resources and other inanimate resources of the seabed and the underground, as well as living organisms belonging to the saddled species, i.e. organisms which, in a state where they can be fished, consist either at or below the seabed or unable to change their place other than in permanent physical contact with the seabed or subsoil.
The rights of the coastal State to the mainland do not affect the water regime over that shallow land as a free sea or the airspace regime over those waters.
The coastal State cannot prevent the laying or maintenance of underwater cables or pipelines on the mainland, subject to the right to take reasonable measures for the exploration of the mainland and the exploitation of its natural resources.
1. The exploration of land and the exploitation of its natural resources shall not result in any unauthorised obstacles to the navigation, fishing or conservation of marine biological resources, or to basic oceanographic or other scientific research carried out with the intention of publishing its results.
2. Subject to the provisions of paragraphs 1 and 6 of this Article, a coastal State shall be authorised to build, maintain or maintain on the mainland the facilities and other means necessary for its exploration and exploitation of its natural resources, to establish security zones around those facilities or facilities and to take measures in those zones to protect them.
3. The safety zones referred to in paragraph 2 of this Article may extend around the installation or other means of construction within 500 metres of each point of their outer edge. Ships of all nationals shall respect these security zones.
4. These facilities or means, although covered by the jurisdiction of the coastal State, do not have the status of islands. They do not have their own coastal waters and their existence does not affect the boundary of coastal waters of a coastal State.
5. The construction of such equipment and the maintenance of permanent signalling equipment shall be duly notified. All installations that have been abandoned or are no longer in service shall be completely removed.
6. The facilities or means, or the safety zones established around them, shall not be located in places where the use of the usual maritime routes necessary for international navigation may be prevented.
7. The coastal State is obliged to take all measures to protect marine biological resources from harmful agents in the safety zones.
8. Any research carried out on the ground and on the mainland shall require the consent of the coastal State. However, the coastal State does not normally refuse to give its consent to purely scientific research into the physical and biological properties of the mainland if the request is submitted by an institution which is qualified to do so, provided that the coastal State can, if it so wishes, participate in or be represented by that research and that in any case the results are published.
1. Where the same mainland shallows are adjacent to the territories of two or more States whose coasts lie opposite each other, the division of the mainland shallows between those States shall be determined by an agreement between them. If no agreement is reached and if special circumstances do not justify other bordering, they shall form the boundary of a central line whose point is equally distant from the nearest points of the baselines from which the breadth of the coastal waters of each of these States is measured.
2. Where the same mainland shallows are adjacent to the territories of two neighbouring states, the boundary of the mainland shallows will be determined by an agreement between them. If no agreement is reached and the specific circumstances do not justify any other boundary, the border shall be determined according to the principle of equal distance from the nearest points of the baselines from which the breadth of the coastal waters of each of these States is measured.
3. At the time of the boundary of the mainland, each demarcation line, established within the meaning of the principles referred to in paragraphs 1 and 2 of this Article, should be determined on the basis of maritime maps and geographical data existing at a given date, indicating fixed and permanent landmark points.
The provisions of these Articles shall in no way affect the right of the coastal State to exploit the underground by tunnelling, regardless of the depth of the water over the underground.
This Convention shall be open for signature by 31 October 1958 to all Member States of the United Nations or to certain professional organisations, 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 ratified. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.
This Convention shall be open to access to any State belonging to one of the categories referred to in Article 8. The instruments of access shall be deposited with the Secretary-General of the United Nations.
1. This Convention shall enter into force 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. When signing, ratifying or accessing, each State will be able to make reservations on the Articles of the Convention, except for Articles 1 to 3 inclusive.
2. Any Contracting State which makes the reservations referred to in the preceding paragraph may at any time withdraw them by a notification sent to that effect to the Secretary-General of the United Nations.
1. On expiry of the five-year period from the date of entry into force of this Convention, a request for revision of this Convention may be made at any time and by any Contracting Party by written communication addressed to the Secretary-General of the United Nations.
2. The General Assembly of the United Nations shall decide on any measures to be taken in connection with such a request.
The Secretary-General of the United Nations shall inform all Member States of the United Nations and the other States referred to in Article 8.
(a) the signatures annexed to this Convention and the deposit of instruments of ratification or accession pursuant to Articles 8, 9 and 10;
(b) the date of entry into force of this Convention pursuant to Article 11;
(c) requests for revision pursuant to Article 13;
(d) reservations to this Convention made pursuant to Article 12.
The original of this Convention, the English, Chinese, French, Russian and Spanish texts 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 8.
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.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Minister of Foreign Affairs No. 144 / 1964 Coll., on the Convention on the Mainland Shallows |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.1964 |
|---|---|
| Effective from | 10.06.1964 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0