PART II TERRITORIAL SEA AND CONTIGUOUS ZONE SECTION GENERAL PROVISIONS Legal status of the territorial sea, of the air space over the territorial sea and ofits bed and subsoil The sovereignty of a coastal State extends, beyond its land territory and internal waters and, in the case of an archipelagic State, its archipelagic waters, to an adjacent belt of sea, described as the territorial sea 2. This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil 3. The sovereignty over the territorial sea is exercised subject to this Convention and to other rules of international law SECTION 2. LIMITS OF THE TERRITORIAL SEA Breadth of the territorial sea Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines determined in accordance with this Convention Article 4 Outer limit of the territorial sea The outer limit of the territorial sea is the line every point of which is at a distance from the nearest point of the baseline equal to the breadth of the territorial sea Article 5 Normal baseline b except where otherwise provided in this Convention, the normal baseline for measuring the breadth of the territorial sea is the low-water line along the coast as marked on large-scale charts officially recognized by the coast article 6 In the case of islands situated on atolls or of islands having fringing reefs, the baseline for measuring the breadth of the territorial sea is the seaward low-water line of the reef, as shown by the appropriate symbol on harts officially recognized by the coastal State
27 PART II TERRITORIAL SEA AND CONTIGUOUS ZONE SECTION 1. GENERAL PROVISIONS Article 2 Legal status of the territorial sea, of the air space over the territorial sea and of its bed and subsoil 1. The sovereignty of a coastal State extends, beyond its land territory and internal waters and, in the case of an archipelagic State, its archipelagic waters, to an adjacent belt of sea, described as the territorial sea. 2. This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil. 3. The sovereignty over the territorial sea is exercised subject to this Convention and to other rules of international law. SECTION 2. LIMITS OF THE TERRITORIAL SEA Article 3 Breadth of the territorial sea Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines determined in accordance with this Convention. Article 4 Outer limit of the territorial sea The outer limit of the territorial sea is the line every point of which is at a distance from the nearest point of the baseline equal to the breadth of the territorial sea. Article 5 Normal baseline Except where otherwise provided in this Convention, the normal baseline for measuring the breadth of the territorial sea is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State. Article 6 Reefs In the case of islands situated on atolls or of islands having fringing reefs, the baseline for measuring the breadth of the territorial sea is the seaward low-water line of the reef, as shown by the appropriate symbol on charts officially recognized by the coastal State
Article 7 1. In localities where the coastline is deeply indented and cut into, or there is a fringe of islands along the coast in its immediate vicinity, the method of straight baseline ing appropriate points may be employed in drawing the baseline from which the breadth of the territorial sea is measured 2. Where because of the presence of a delta and other natural conditions the coastline is highly unstable, the appropriate points may be elected along the furthest seaward e he low-water line and notwithstanding subsequent regression ow-water line the straigh baselines shall remain effective until by the coastal State in accordance with this Convention 3. The drawing of straight baselines must not depart to any appreciable extent from the general direction of the coast, and the sea areas lying within the lines must be sufficiently closely linked to the land domain to be subject to the regime of internal waters 4. Straight baselines shall not be drawn to and from low-tide elevations, unless lighthouses or similar installations which are permanently above sea level have been built on them or except in instances where the drawing of baselines to and from such elevations has received general international 5. Where the method of straight baselines is applicable under paragraph I, account may be taken, in determining particular baselines, of onomic interests peculiar to the region concerned, the reality and the ortance of which are clearly evidenced by long usage 6. The system of straight baselines may not be applied by a State in such a manner as to cut off the territorial sea of another State from the high seas or an exclusive economic zone article 8 1. Except as provided in Part IV, waters on the landward side of th baseline of the territorial sea form part of the internal waters of the State Where the establishment of astraight baseline in accordance with the method set forth in article 7 has the effect of enclosing as internal waters areas which had not previously been considered as such, a right of innocent passage as provided in this Convention shall exist in those waters article 9 Mouths of rivers If a river flows directly into the sea, the baseline shall be a straight line across the mouth of the river between points on the low-water line of its Article 10 1. This article relates only to bays the coasts of which belong to a single state
28 Article 7 Straight baselines 1. In localities where the coastline is deeply indented and cut into, or if there is a fringe of islands along the coast in its immediate vicinity, the method of straight baselines joining appropriate points may be employed in drawing the baseline from which the breadth of the territorial sea is measured. 2. Where because of the presence of a delta and other natural conditions the coastline is highly unstable, the appropriate points may be selected along the furthest seaward extent of the low-water line and, notwithstanding subsequent regression of the low-water line, the straight baselines shall remain effective until changed by the coastal State in accordance with this Convention. 3. The drawing of straight baselines must not depart to any appreciable extent from the general direction of the coast, and the sea areas lying within the lines must be sufficiently closely linked to the land domain to be subject to the regime of internal waters. 4. Straight baselines shall not be drawn to and from low-tide elevations, unless lighthouses or similar installations which are permanently above sea level have been built on them or except in instances where the drawing of baselines to and from such elevations has received general international recognition. 5. Where the method of straight baselines is applicable under paragraph 1, account may be taken, in determining particular baselines, of economic interests peculiar to the region concerned, the reality and the importance of which are clearly evidenced by long usage. 6. The system of straight baselines may not be applied by a State in such a manner as to cut off the territorial sea of another State from the high seas or an exclusive economic zone. Article 8 Internal waters 1. Except as provided in Part IV, waters on the landward side of the baseline of the territorial sea form part of the internal waters of the State. 2. Where the establishment of a straight baseline in accordance with the method set forth in article 7 has the effect of enclosing as internal waters areas which had not previously been considered as such, a right of innocent passage as provided in this Convention shall exist in those waters. Article 9 Mouths of rivers If a river flows directly into the sea, the baseline shall be a straight line across the mouth of the river between points on the low-water line of its banks. Article 10 Bays 1. This article relates only to bays the coasts of which belong to a single State
2. For the purposes of this Convention, a bay is a well-marked indentation whose penetration is in such proportion to the width of its mouth as to contain land-locked waters and constitute more than a mere curvature of the coast. An indentation shall not, however, be regarded as a bay unless its area is as large as, or larger than that of the semi-circle whose diameter is a line drawn across the mouth of that indentation 3. For the purpose of measurement, the area of an indentation is that lying between the low-water mark around the shore of the indentation and a line joining the low-water mark of its natural entrance points. where because of the presence of islands, an indentation has more than one moutl the semi-circle shall be drawn on a line as long as the sum total of the lengths of the lines across the different mouths Islands within an indentation shal be included as if they were part of the water area of the indentation 4. If the distance between the low-water marks of the natural entrance points of a bay does not exceed 24 nautical miles, a closing line may be drawn between these two low-water marks and the waters enclosed there shall be considered as internal waters 5. Where the distance between the low-water marks of the natural entrance points of a bay exceeds 24 nautical miles, a straight baseline of 24 nautical miles shall be drawn within the bay in such a manner as to enclose the maximum area of water that is possible with a line of that length 6. The foregoing provisions do not apply to so-called"historic"bays, or in any case where the system of straight baselines provided for in article 7 Por For the purpose of delimiting the territorial sea, the outermost permanent harbour works which form an integral part of the harbour system are regarded as forming part of the coast. Off-shore installations and artificial islands shall ot be cons Article 12 Roadsteads which are normall for the loading. unloading and anchoring of ships, and which would ise be situated wholly or partly outside the outer limit of the territorial re included in the territorial sea Article 13 Low-tide elevations 1. A low-tide elevation is a naturally formed area of land which is surrounded by and above water at low tide but submerged at high tide. Where low-tide elevation is situated wholly or partly at a distance not exceeding the breadth of the territorial sea from the mainland or an island the low-water line on that elevation may be used as the baseline for measu he breadth of the territorial sea 2. Where a low-tide elevation is wholly situated at a distance exceeding the breadth of the territorial sea from the mainland or an island it has ne territorial sea of its own
29 2. For the purposes of this Convention, a bay is a well-marked indentation whose penetration is in such proportion to the width of its mouth as to contain land-locked waters and constitute more than a mere curvature of the coast. An indentation shall not, however, be regarded as a bay unless its area is as large as, or larger than, that of the semi-circle whose diameter is a line drawn across the mouth of that indentation. 3. For the purpose of measurement, the area of an indentation is that lying between the low-water mark around the shore of the indentation and a line joining the low-water mark of its natural entrance points. Where, because of the presence of islands, an indentation has more than one mouth, the semi-circle shall be drawn on a line as long as the sum total of the lengths of the lines across the different mouths. Islands within an indentation shall be included as if they were part of the water area of the indentation. 4. If the distance between the low-water marks of the natural entrance points of a bay does not exceed 24 nautical miles, a closing line may be drawn between these two low-water marks, and the waters enclosed thereby shall be considered as internal waters. 5. Where the distance between the low-water marks of the natural entrance points of a bay exceeds 24 nautical miles, a straight baseline of 24 nautical miles shall be drawn within the bay in such a manner as to enclose the maximum area of water that is possible with a line of that length. 6. The foregoing provisions do not apply to so-called "historic" bays, or in any case where the system of straight baselines provided for in article 7 is applied. Article 11 Ports For the purpose of delimiting the territorial sea, the outermost permanent harbour works which form an integral part of the harbour system are regarded as forming part of the coast. Off-shore installations and artificial islands shall not be considered as permanent harbour works. Article 12 Roadsteads Roadsteads which are normally used for the loading, unloading and anchoring of ships, and which would otherwise be situated wholly or partly outside the outer limit of the territorial sea, are included in the territorial sea. Article 13 Low-tide elevations 1. A low-tide elevation is a naturally formed area of land which is surrounded by and above water at low tide but submerged at high tide. Where a low-tide elevation is situated wholly or partly at a distance not exceeding the breadth of the territorial sea from the mainland or an island, the low-water line on that elevation may be used as the baseline for measuring the breadth of the territorial sea. 2. Where a low-tide elevation is wholly situated at a distance exceeding the breadth of the territorial sea from the mainland or an island, it has no territorial sea of its own
Article /4 Combination of methods for determining baselines The coastal State may determine baselines in turn by any of the methods provided for in the foregoing articles to suit different conditions Article /5 Delimitation of the territorial sea betveen States with opposite or adjacent coasts Where the coasts of two States are opposite or adjacent to each other neither of the two States is entitled. failing agreement between them to the contrary, to extend its territorial sea beyond the median line every point of which is equidistant from the nearest points on the baselines from which the breadth of the territorial seas of each of the two states is measured. The above provision does not apply, however, where it is necessary by reason of historic title or other special circumstances to delimit the territorial seas of the two States in a way which is at variance therewith Article 16 Charts and lists of geographical coordinates determined in accordance with articles 7.9 and 10. or the limits derived therefrom and the lines of delimitation drawn in accordance with articles 12 and 15 shall be shown on charts of a scale or scales adequate for ascertaining ternatively, a list of geogra specifying the geodetic datum, may be substituted 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 SECtION 3. INNOCENT PASSAGE IN THE TERRITORIAL SEA SUBSECTION A. RULES APPLICABLE TO ALL SHIPS Article /7 Right of innocent passage Subject to this Convention, ships of all States, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea 18 1. Passage means navigation through the territorial sea for the purpose (a) traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters;or (b)proceeding to or from internal waters or a call at such roadstead facility 2. Passage shall be continuous and expeditious. However, passage includes stopping and anchoring, but only in so far as the same are incidental
30 Article 14 Combination of methods for determining baselines The coastal State may determine baselines in turn by any of the methods provided for in the foregoing articles to suit different conditions. Article 15 Delimitation of the territorial sea between States with opposite or adjacent coasts Where the coasts of two States are opposite or adjacent to each other, neither of the two States is entitled, failing agreement between them to the contrary, to extend its territorial sea beyond the median line every point of which is equidistant from the nearest points on the baselines from which the breadth of the territorial seas of each of the two States is measured. The above provision does not apply, however, where it is necessary by reason of historic title or other special circumstances to delimit the territorial seas of the two States in a way which is at variance therewith. Article 16 Charts and lists of geographical coordinates 1. The baselines for measuring the breadth of the territorial sea determined in accordance with articles 7, 9 and 10, or the limits derived therefrom, and the lines of delimitation drawn in accordance with articles 12 and 15 shall be shown on charts of a scale or scales adequate for ascertaining their position. Alternatively, a list of geographical coordinates of points, specifying the geodetic datum, may be substituted. 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. SECTION 3. INNOCENT PASSAGE IN THE TERRITORIAL SEA SUBSECTION A. RULES APPLICABLE TO ALL SHIPS Article 17 Right of innocent passage Subject to this Convention, ships of all States, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea. Article 18 Meaning of passage 1. Passage means navigation through the territorial sea for the purpose of: (a) traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or (b) proceeding to or from internal waters or a call at such roadstead or port facility. 2. Passage shall be continuous and expeditious. However, passage includes stopping and anchoring, but only in so far as the same are incidental
to ordinary navigation or are rendered necessary by force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in Article 9 Meaning of innocent passage 1. Passage is innocent so long as it is not prejudicial to the peace good der or security of the coastal State. Such passage shall take place conformity with this Convention and with other rules of international law 2. Passage of a foreign ship shall be considered to be prejudicial to the engages in any of the security of the coastal State if in the territorial sea it (a)any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal State, or in any other manner in violation of the principles of international law embodied in the charter of the United nations. (b)any exercise or practice with weapons of any kind (c) any act aimed at collecting information to the prejudice of the defence or security of the coastal State (d)any act of propaganda aimed at affecting the defence or security of the coastal state (e) the launching, landing or taking on board of any aircraft; (f)the launching, landing or taking on board of any military device (g) the loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws and egulations of the coastal State (h)any act of wilful and serious pollution contrary to this Convention (i)any fishing activities; ut of research or a any act aimed at interfering with any systems of communication or any other facilities or installations oastal State I )any other activity not having a direct bearing on passage Article 20 Submarines and other underwater vehicles In the territorial sea, submarines and other underwater vehicle required to navigate on the surface and to show their flag Article 21 Laws and regulations of the coastal State relating to innocent passage The coastal State may adopt laws and regulations, in conformity with the provisions of this Convention and other rules of international law, relating to innocent passage through the territorial respect of all or any o (a)the safety of navigation and the regulation of maritime traffic b) the protection of navigational aids and facilities and other facilities or installations (e)the protection of cables and pipelines
31 to ordinary navigation or are rendered necessary by force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress. Article 19 Meaning of innocent passage 1. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with this Convention and with other rules of international law. 2. Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the coastal State if in the territorial sea it engages in any of the following activities: (a) any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal State, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations; (b) any exercise or practice with weapons of any kind; (c) any act aimed at collecting information to the prejudice of the defence or security of the coastal State; (d) any act of propaganda aimed at affecting the defence or security of the coastal State; (e) the launching, landing or taking on board of any aircraft; (f) the launching, landing or taking on board of any military device; (g) the loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws and regulations of the coastal State; (h) any act of wilful and serious pollution contrary to this Convention; (i) any fishing activities; (j) the carrying out of research or survey activities; (k) any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal State; (l) any other activity not having a direct bearing on passage. Article 20 Submarines and other underwater vehicles In the territorial sea, submarines and other underwater vehicles are required to navigate on the surface and to show their flag. Article 21 Laws and regulations of the coastal State relating to innocent passage 1. The coastal State may adopt laws and regulations, in conformity with the provisions of this Convention and other rules of international law, relating to innocent passage through the territorial sea, in respect of all or any of the following: (a) the safety of navigation and the regulation of maritime traffic; (b) the protection of navigational aids and facilities and other facilities or installations; (c) the protection of cables and pipelines;