Communication from the Ministry of Foreign Affairs No. 240 / 1996 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the United Nations Convention on the Law of the Sea
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International Treaty
Effective from 21.07.1996
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06.09.1996
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240
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that on 10 December 1982 the United Nations Convention on the Law of the Sea was adopted and signed on behalf of the Czechoslovak Socialist Republic in Montego Bay, Jamaica.
On 22 February 1993, the Czech Republic notified the Secretary-General of the United Nations, the depositary of the Convention, that the successor State of the Czech and Slovak Federal Republic, with effect from 1 January 1993, was deemed to be the signatory State of the United Nations Convention on the Law of the Sea of 10 December 1982.
The Parliament of the Czech Republic has given its assent to the Convention and has ratified it. The instrument of ratification of the Czech Republic was deposited with the Secretary-General of the United Nations on 21 June 1996.
The following declaration was made at the same time when the Convention was ratified:
"The Government of the Czech Republic, having read the Declaration of the Government of the Federal Republic of Germany of 14 October 1994 concerning the interpretation of the provisions of the United Nations Convention on the Law of the Sea, Part X - the right of inland states to access and from the sea and the freedom of transit - declares that a declaration by the Government of the Federal Republic of Germany cannot be interpreted against the Czech Republic contrary to the provisions of Part X of the Convention. '
The Convention entered into force on 16 November 1994 pursuant to Article 308 (1) and entered into force on 21 July 1996 for the Czech Republic pursuant to paragraph 2 of that Article.
The Czech translation of the Convention is being announced simultaneously.
CONVENTION
United Nations on the Law of the Sea
States Parties to this Convention,
guided by the desire to settle, in a spirit of mutual understanding and cooperation, all issues relating to the law of the sea and the historical importance of this Convention as an important contribution to maintaining peace, justice and progress for all nations of the world,
Notes that developments since the United Nations Convention on the Law of the Sea held in Geneva in 1958 and 1960 highlighted the need for a new and universally acceptable Convention on the Law of the Sea,
be aware that the problems of the ocean space are closely related to each other and that they need to be assessed as a whole,
Recognising that it is desirable, through this Convention, to establish, with due regard for the sovereignty of all States, a rule of law for the seas and oceans, to facilitate international contact and to facilitate the peaceful use of the seas and oceans, to the fair and efficient use of their resources and to preserve their living resources and to study, protect and preserve the marine environment,
bearing in mind that the achievement of these objectives will contribute to the realisation of a fair international economic order, which would remember the interests and needs of mankind as a whole and in particular the special interests and needs of developing countries, whether coastal or inland,
Desiring, through this Convention, to develop the principles contained in Resolution 2749 (XXV) of 17 December 1970, in which the General Assembly declared, inter alia, that the area of the bottom of the seas and oceans and their underground beyond the borders of national jurisdiction, as well as its resources, is a common heritage of mankind, the exploration and extraction of which takes place, irrespective of the geographical location of the States, for the benefit of mankind as a whole,
Believing that the codification and progressive development of marine law achieved by this Convention will contribute to the consolidation of peace, security, cooperation and friendly relations between all States in accordance with the principles of justice and equality and that they will help the economic and social rise of all nations of the world in accordance with the objectives and principles set out in the United Nations Charter,
confirming that matters not covered by this Convention continue to be governed by the rules and principles of general international law,
agree on the following:
INTRODUCTION
Terms and scope of application
1. For the purposes of this Convention:
(1) "Area" shall mean the bottom of the seas and oceans and their underground beyond national jurisdiction;
(2) "Office" means the International Seabed Office;
(3) "Area activity" means all activities carried out for the purpose of exploring and extracting resources of the Area;
(4) "pollution of the marine environment" means the direct or indirect introduction by man of such substances or of energy into the marine environment, including estuaries, which have or may have such harmful effects as damage to living resources and marine life, a threat to human health, the prevention of marine activity including fishing or other legitimate use of the sea, the deterioration of the useful quality of marine water and the limitation of conditions for recreation;
(5) (a) "dropped into the sea" means:
(i) any arbitrary disposal of waste or other substances from vessels, aircraft, platforms or other artificially constructed structures in the sea;
(ii) any arbitrary destruction of vessels, aircraft, platforms or other artificially constructed structures in the sea;
(b) "demolishing" does not include:
(i) the disposal of waste or other substances which are part or result from the normal use of vessels, aircraft, platforms or other artificially constructed structures in the sea and equipment thereof, excluding waste and other substances transported by vessels, aircraft, platforms or other artificially constructed structures in the sea used to dispose of such substances or resulting from the treatment of such waste or other substances on vessels, aircraft, platforms or artificially constructed structures;
(ii) the placing of substances for purposes other than the mere disposal of substances, provided that such placing does not conflict with the objectives of this Convention.
2. (1) "Participating States" means States which have expressed their agreement to be bound by this Convention and for which this Convention is in force.
(2) This Convention applies mutatis mutandis) to other entities referred to in Article 305 (1) (b), (c), (d), (e) and (f) which become Parties to this Convention in accordance with the conditions applicable to each of them; in that sense, the term "participating States' applies to such other entities.
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GENERAL PROVISIONS
Legal status of the coastal sea, airspace above the coastal sea and its bottom and underground
1. The sovereignty of the coastal State shall be extended beyond its mainland and internal waters, and, in the case of the archipelago, beyond its archipelago, to an adjacent sea zone called the coastal sea.
2. This sovereignty extends to the airspace above the coastal sea and to its seabed and underground.
3. The sovereignty over the coastal sea shall be exercised in accordance with this Convention and other rules of international law.
BORROWING OF THE MARINE
Coastal Sea Width
Each State shall have the right to determine the breadth of its coastal sea up to a limit not exceeding 12 nautical miles measured from the baselines determined in accordance with this Convention.
Outer boundary of the coastal sea
The outer border of the coastal sea 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 sea.
Standard baseline
Unless otherwise provided for in this Convention, the normal baseline for measuring the breadth of the coastal sea shall be the line of the largest tides along the coast, as drawn on the sea maps of a large scale officially recognised by the coastal State.
Leg
In the case of islands situated on atoles or islands surrounded by reefs, the baseline for measuring the breadth of the coastal sea shall be the line of the largest tide along the reef towards the sea, as indicated by the relevant symbol on the maritime maps, which are officially recognised by the coastal State.
Direct baseline
1. In places where the coast is very chipped and has deep notches, or where the belt of islands along the coast is in its immediate vicinity, it can be used when establishing a baseline from which the breadth of the coastal sea is measured, methods of direct baselines joining the relevant points.
2. Where the coast is very unstable due to delta or other natural conditions, the points may be chosen along the tidal bottom line and, notwithstanding the further retreat of the tidal line, the direct baselines shall remain valid until they are changed by the coastal State in accordance with this Convention.
3. The designation of such baselines shall not deviate substantially from the overall direction of the coast and the marine areas situated within those lines shall be sufficiently closely connected to the area of the ground so that they can be subject to the internal water regime.
4. When establishing direct baselines, they shall not be based on emerging outflows in the tide zone unless lighthouses or other similar facilities are established on them permanently above sea level, except where the outlying of baselines to or from such elevations have been generally internationally recognised.
5. Where the methods of direct baselines referred to in paragraph 1 are used, account may be taken, when determining the individual baselines, of the specific economic interests of the area concerned, the existence and importance of which appear to be demonstrated by long-term use.
6. The system of direct baselines cannot be used by the State in such a way as to separate the coastal sea of another State from the high seas or the exclusive economic zone.
Internal waters
1. Without prejudice to the provisions of Part IV, the waters extending towards the mainland from the baselines of the coastal sea form part of the internal waters of the State.
2. Where the establishment of a direct baseline by the method laid down in Article 7 results in the inclusion in internal waters of areas for which this was not previously the case, the right of peaceful passage through these waters as provided for in this Convention shall continue.
Edge
If the river flows directly into the sea, the baseline line is a straight line across the mouth of the river between the points of its shores on the line of the greatest tide.
Guts
1. This Article shall apply only to bays whose coasts belong to a single State.
2. For the purposes of this Convention, the Gulf shall mean a clear notch whose penetration into the mainland is in such proportion to the width of its mouth that it contains waters surrounded by the mainland and represents more than a mere fold of the coast. However, a notch shall not be considered as a bay unless its area is not equal to or greater than that of a semicircle whose diameter is a line through the mouth of the incision.
3. For the purposes of measurement, the area between the line of the largest tide along the coast of the cut and the line joining the points of the largest tide at its natural mouth shall be considered as the area of the cut. However, where, due to the existence of islands, a notch has more than one mouth, the semicircle shall be drawn on a line the length of which corresponds to the total sum of the lengths of the links through the different mouth. The islands in the cut are counted as if they were 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 24 nautical miles, the line closing between the two points may be drawn. The waters thus bounded shall be considered as internal waters.
5. Where the distance between the points of the greatest tide at the natural mouth of the bay exceeds 24 nautical miles, a straight baseline of 24 nautical miles may be drawn in the bay to include the largest amount of water that can be separated by the line of that length.
6. The above provisions shall not apply to the so-called "historical 'bays or to those cases where a direct baselines system is used pursuant to Article 7.
Ports
Permanent port facilities which are the furthest to the sea and which form an integral part of the port system shall be considered as part of the coast for the purposes of delimitation of the coastal sea. Offshore facilities and artificial islands shall not be considered as permanent port facilities.
Skates
Seed normally used for the loading, unloading and mooring of ships and which would otherwise be wholly or partly beyond the outer border of the coastal sea shall be included in the coastal sea.
Emerging Heights
1. The emerging rise is a natural part of a country that is surrounded by water and protruding above it at the highest tide, but is flooded at the highest tide. Where the surfacing surface is completely or partly situated at a distance from the mainland or the island which does not exceed the breadth of the coastal sea, the line of the largest tides of that height may be used beyond the baseline for measuring the breadth of the coastal sea.
2. If the surging surface is completely at a distance from the mainland or the island which exceeds the breadth of the coastal sea, it shall not have its own coastal sea.
Combination of methods for establishing baselines
The coastal State may establish the baseline lines, taking into account different conditions, alternately using any method referred to in the preceding Articles.
Delimitation of the coastal sea between opposing or neighbouring States
Where the coast of two states is opposite or adjacent to each other, none of the two states is entitled to extend their coastal seas beyond the central line, unless there is an agreement between them in the opposite sense. The middle line is a line where each point is at the same distance from the nearest points on the baselines from which the breadth of the coastal sea of each of the two states is measured. However, this provision shall not apply where, for historical reasons or for other special circumstances, it is necessary to define the boundaries of the coastal seas of those two States in a manner different from that provision.
Maritime maps and geographical coordinates lists
1. The baselines for measuring the breadth of coastal seas established in accordance with Articles 7, 9 and 10, or the boundaries derived from them and the boundary lines established in accordance with Articles 12 and 15, shall be shown on the maritime maps of such a scale or scale as is appropriate for determining their position. A list of geographical coordinates of points specifying geodetic data may be used as a substitute.
2. The coastal State shall properly publish such maritime maps or lists of geographical coordinates and shall deposit a copy of each such map or list with the Secretary-General of the United Nations.
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Provisions applicable to all ships
Right of peaceful passage
Ships of all States, whether coastal or inland, shall have the right to pass peacefully through the coastal sea in accordance with this Convention.
The concept of passing
1. Transit means sailing by coastal sea for the purpose of:
(a) transit through this sea without entering internal waters or stopping in a ship or port facility situated outside internal waters; or
(b) entry into, or exit from, internal waters or a ship's stop in such stock or port facility.
2. The passage must be uninterrupted and fast. However, it involves stopping and anchoring, but only as long as they are related to normal navigation or have become necessary for reasons of force majeure or emergency or for the purpose of providing assistance to persons, ships or aircraft in danger or in need.
The concept of peaceful passage
1. The passage is peaceful unless it threatens peace, public order or the security of the coastal state. Such transit shall take place in accordance with this Convention and other rules of international law.
2. The passage of a foreign ship shall be considered as threatening the peace, public policy or security of a coastal State, if it includes in the coastal sea any of the following activities:
(a) any threat by force or by the use of force against the sovereignty, territorial integrity or political independence of the coastal State or in any other way contrary to the principles of international law enshrined in the UN Charter;
(b) any training or training with weapons of any kind;
(c) any action aimed at gathering information to harm the defence or security of a coastal State;
(d) any propaganda aimed at acting in defence or security of a coastal State;
(e) discharge, landing or taking on board any aircraft;
(f) discharge, landing or taking on board any military equipment;
(g) the embarkation or landing of any goods, currency or person contrary to the customs, financial, immigration or health legislation of a coastal State;
(h) any act of intentional and serious pollution contrary to this Convention;
(i) any fishing activity;
(j) carrying out any research or research activity;
(k) any action aimed at interfering with any connection systems or other offshore State facilities;
(l) any other activity which is not directly related to transit.
Submarines and other seagoing vessels
In the coastal sea, submarines and other seagoing vessels are required to sail on the surface and raise their flag.
Coastal State legislation concerning peaceful passage
1. A coastal State may, in accordance with the provisions of this Convention and other rules of international law relating to peaceful passage through the coastal sea, adopt legislation as regards:
(a) the safety of navigation and the regulation of maritime transport;
(b) the protection of navigational aids and facilitation and other facilities and installations;
(c) protection of cables and pipes;
(d) conservation of living resources of the sea;
(e) preventing infringements of the legislation on fishing for a coastal State;
(f) protecting the environment of the coastal State and preventing, reducing and controlling its pollution;
(g) marine scientific research and hydrographic research;
(h) preventing infringements of the customs, financial, immigration or health legislation of a coastal State.
2. Such legislation shall not apply to the design, construction, composition of the crew or equipment of foreign ships, unless they are implemented by generally adopted international rules or standards.
3. The coastal State shall make all such legislation properly public.
4. Foreign ships which exercise the right of peaceful passage through the coastal sea shall be subject to all these laws and to all the generally adopted international rules relating to the prevention of maritime collisions.
Marine corridors and segregated offshore systems
1. Where necessary with regard to the safety of navigation, a coastal State may request foreign ships which exercise the right of peaceful passage through the coastal sea to use maritime corridors and segregated traffic systems to determine or determine for the purpose of regulating the passage of ships.
2. In particular for tankers, nuclear-powered ships and ships carrying nuclear or other substances or materials by their nature, dangerous or harmful substances or materials may be required to limit their passage to such maritime corridors.
3. When determining the maritime corridors and establishing the separate operating systems referred to in this Article, the coastal State shall take into account:
(a) recommendations by relevant international organisations;
(b) any sea route normally used for international navigation;
(c) the specific characteristics of certain ships and roads; and
(d) traffic density.
4. The coastal State shall clearly identify such maritime corridors and segregated systems on maritime maps, which shall be properly published.
Foreign nuclear ships and nuclear or other ships carrying dangerous or harmful substances by their nature
Foreign nuclear-powered ships and ships carrying nuclear or other dangerous or harmful substances by their nature must carry with them the documents and comply with the special precautions provided for such ships by international agreements when exercising the right of peaceful passage through the coastal sea.
Obligations of the coastal State
1. If this does not comply with this Convention, the coastal State shall not prevent the peaceful passage of foreign ships through the coastal sea. A coastal State, when applying this Convention or any legislation adopted in accordance with this Convention, shall in particular not:
(a) impose requirements against foreign ships that would in fact lead to the denial or restriction of the right of peaceful passage; or
(b) to formally or effectively discriminate against ships of any State or ships carrying cargo to any State from or on behalf of any State.
2. The coastal State must notify in an appropriate manner all the dangers for sailing in its coastal sea known to it.
Rights of protection of the coastal State
1. The coastal State may take the necessary measures in its coastal sea to prevent passage which is not peaceful.
2. In the case of ships operating in internal waters or stopping at port facilities outside internal waters, the coastal State shall also have the right to take the necessary measures to prevent any breach of the conditions to which those ships are subject to entry into internal waters or such port facilities.
3. A coastal State may temporarily suspend the peaceful passage of foreign ships in certain areas of its coastal sea, without formally or effectively discriminating against foreign ships, if such suspension is necessary to protect its safety, including military exercises. Such suspension shall not enter into force until appropriate publication.
Fees which may be imposed on foreign ships
1. No charges shall be imposed on foreign ships due to their mere passage through the coastal sea.
2. Fees may be imposed by foreign ships passing the coastal sea only as payment for special services provided by the ship. Such fees must be imposed without discrimination.
Rules applicable to commercial and commercial ships
Criminal jurisdiction on board a foreign ship
1. The criminal jurisdiction of a coastal State shall not be exercised on board a foreign ship passing through the coastal sea in order to arrest a person or conduct investigations in connection with a criminal offence 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 of such a kind that it may disturb the peace of the land or order of the coastal sea;
(c) where assistance from local authorities has been requested by the ship's captain or by a diplomatic representative or consular official of the flag State; or
(d) where such measures are necessary to suppress illicit trafficking in narcotic drugs or psychotropic substances.
2. The above provisions shall not affect the right of the coastal State to take any measures provided for by its laws for the purpose of the arrest or investigation on board a foreign ship which passes through the coastal sea after leaving the internal waters.
3. In the cases referred to in paragraphs 1 and 2, the coastal State shall, at the request of the captain, notify the diplomatic representative or consular officer of the flag State before taking any action and facilitate contact between that agent or official and the crew of the vessel. In urgent cases, notification may be made during the measures taken.
4. When assessing whether and how an arrest is to be made, local authorities shall take due account of the interests of the voyage.
5. With the exception of the provisions of Part XII, or in cases of infringement laid down in accordance with Part V, a coastal State may not take any action on board a foreign ship passing through the coastal sea for the purpose of arresting a person or investigating in connection with any criminal offence committed before the ship entered the coastal sea, provided that that ship has sailed from a foreign port and only passes through the coastal sea without entering internal waters.
Private jurisdictions against foreign ships
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 240 / 1996 Coll., on the negotiation of the United Nations Convention on the Law of the Sea |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.09.1996 |
|---|---|
| Effective from | 21.07.1996 |
| Effective until | - |
| Status | Valid |
Legal Areas:
International law
International public law
The regulation text is for informational purposes only.
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