Article 38 1. In straits referred to in article 37, all ships and aircraft enjoy the right of transit passage, which shall not be impeded; except that, if the strait is formed by an island of a State bordering the strait and its mainland, transi assage shall not apply if there exists seaward of the island a route thro the high seas or through an exclusive economic zone of similar convenience with respect to navigational and hydrographical characteristics Transit passage means the exercise in accordance with this part of the freedom of navigation and overflight solely for the purpose of continuous and expeditious transit of the strait between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone. However, the requirement of continuous and expeditious transit does not preclude passage through the strait for the purpose of entering, leaving or returning from a State bordering the strait, subject to the conditions of entry to that State 3. Any activity which is not an exercise of the right of transit through a strait remains subject to the other applicable provisions of this Article 39 Duties of ships and aircraft during transit passage 1. Ships and aircraft, while exercising the right of transit passage, shall (a) proceed without delay through or over the strait (b) refrain from any threat or use of force against the se territorial integrity or political independence ofstate the strait, or in any other manner in violation of the of international law embodied in the charter of Nations (c)refrain from any activities other than those incident to their normal modes of continuous and expeditious transit unless endered necessary by force majeure or by distress (d) comply with other relevant provisions of this Part (a) comply with generally accepted international regulations procedures and practices for safety at sea, including the International Regulations for Preventing collisions at Sea (b)comply with generally accepted international regulations, procedures and practices for the prevention, reduction and control of pollution from ships 3. Aircraft in transit passage shall (a)observe the Rules of the Air established by the International Civil Aviation Organization as they apply to civil aircraft; state aircraft will normally comply with such safety measures and will at all times operate with due regard for the safety of (b)at all times monitor the radio frequency assigned by the competent internationally designated air traffic control authority or the appropriate international distress radio frequency
37 Article 38 Right of transit passage 1. In straits referred to in article 37, all ships and aircraft enjoy the right of transit passage, which shall not be impeded; except that, if the strait is formed by an island of a State bordering the strait and its mainland, transit passage shall not apply if there exists seaward of the island a route through the high seas or through an exclusive economic zone of similar convenience with respect to navigational and hydrographical characteristics. 2. Transit passage means the exercise in accordance with this Part of the freedom of navigation and overflight solely for the purpose of continuous and expeditious transit of the strait between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone. However, the requirement of continuous and expeditious transit does not preclude passage through the strait for the purpose of entering, leaving or returning from a State bordering the strait, subject to the conditions of entry to that State. 3. Any activity which is not an exercise of the right of transit passage through a strait remains subject to the other applicable provisions of this Convention. Article 39 Duties of ships and aircraft during transit passage 1. Ships and aircraft, while exercising the right of transit passage, shall: (a) proceed without delay through or over the strait; (b) refrain from any threat or use of force against the sovereignty, territorial integrity or political independence of States bordering the strait, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations; (c) refrain from any activities other than those incident to their normal modes of continuous and expeditious transit unless rendered necessary by force majeure or by distress; (d) comply with other relevant provisions of this Part. 2. Ships in transit passage shall: (a) comply with generally accepted international regulations, procedures and practices for safety at sea, including the International Regulations for Preventing Collisions at Sea; (b) comply with generally accepted international regulations, procedures and practices for the prevention, reduction and control of pollution from ships. 3. Aircraft in transit passage shall: (a) observe the Rules of the Air established by the International Civil Aviation Organization as they apply to civil aircraft; state aircraft will normally comply with such safety measures and will at all times operate with due regard for the safety of navigation; (b) at all times monitor the radio frequency assigned by the competent internationally designated air traffic control authority or the appropriate international distress radio frequency
Article 40 passage, foreignships, including marine scientific research survey ships, may not carry out any research or survey activities without the prior authorization of the States bordering straits used for international navigation In conformity with this Part, States bordering straits may designate sea lanes and prescribe traffic separation schemes for navigation in straits where nesescsh st te s roavotw the caie passage s shire and after giving d publicity thereto, substitute other sea lanes or traffic separation schemes for any sea lanes or traffic separation schemes previously designated or prescribed by them 3. Such sea lanes and traffic separation schemes shall conform to generally accepted international regulations 4. Before designating or substituting sea lanes or prescr ing substituting traffic separation schemes, States bordering straits shall refer ption. The organization may adopt only such sea lanes and traffic separation schemes as may be agreed with the States bordering the straits after which the States may designate, prescribe or substitute them. In respect of a strait where sea lanes or traffic separation schemes through the waters of two or more States bordering the strait are being proposed, the States concerned shall cooperate in formulating proposals in consultation with the competent international organization 6. States bordering straits shall clearly indicate all sea lanes and traffic o,paration schemes designated or prescribed by them on charts to which due 7. Ships in transit passage shall respect applicable sea lanes and traffic separation schemes est led in accordance with this article Article 42 Laws and regulations of states bordering straits relating to transit passage 1. Subject to the provisions of this section, States bordering straits may adopt laws and regulations relating to transit passage through straits, respect of all or any of the following (a) the safety of navigation and the regulation of maritime traffic, is provided in article 41 (b) the prevention, reduction and control of pollution, by giving effect to applicable international regulations regarding the discharge of oil, oily wastes and other noxious substances in the (c) with respect to fishing vessels, the prevention of fishing, including the stowage of fishing gear
38 Article 40 Research and survey activities During transit passage, foreign ships, including marine scientific research and hydrographic survey ships, may not carry out any research or survey activities without the prior authorization of the States bordering straits. Article 41 Sea lanes and traffic separation schemes in straits used for international navigation 1. In conformity with this Part, States bordering straits may designate sea lanes and prescribe traffic separation schemes for navigation in straits where necessary to promote the safe passage of ships. 2. Such States may, when circumstances require, and after giving due publicity thereto, substitute other sea lanes or traffic separation schemes for any sea lanes or traffic separation schemes previously designated or prescribed by them. 3. Such sea lanes and traffic separation schemes shall conform to generally accepted international regulations. 4. Before designating or substituting sea lanes or prescribing or substituting traffic separation schemes, States bordering straits shall refer proposals to the competent international organization with a view to their adoption. The organization may adopt only such sea lanes and traffic separation schemes as may be agreed with the States bordering the straits, after which the States may designate, prescribe or substitute them. 5. In respect of a strait where sea lanes or traffic separation schemes through the waters of two or more States bordering the strait are being proposed, the States concerned shall cooperate in formulating proposals in consultation with the competent international organization. 6. States bordering straits shall clearly indicate all sea lanes and traffic separation schemes designated or prescribed by them on charts to which due publicity shall be given. 7. Ships in transit passage shall respect applicable sea lanes and traffic separation schemes established in accordance with this article. Article 42 Laws and regulations of States bordering straits relating to transit passage 1. Subject to the provisions of this section, States bordering straits may adopt laws and regulations relating to transit passage through straits, in respect of all or any of the following: (a) the safety of navigation and the regulation of maritime traffic, as provided in article 41; (b) the prevention, reduction and control of pollution, by giving effect to applicable international regulations regarding the discharge of oil, oily wastes and other noxious substances in the strait; (c) with respect to fishing vessels, the prevention of fishing, including the stowage of fishing gear;
(d) the loading or unloading of any commodity, currency or person n contravention of the customs, fiscal, immigration or sanitary ws and regulations of States bordering straits 2. Such laws and regulations shall not discriminate in form or in fact section 3. States bordering straits shall give due publicity to all such laws ar regulations 4. Foreign ships exercising the right of transit pa with such laws and regulations 5. The flag State of a ship or the State of registry of an aircraft entitled to sovereign immunity which acts in a manner contrary to such laws and egulations or other provisions of this Part shall bear international esponsibility for any loss or damage which results to States bordering straits Navigational and safety aids and other improve Ind the prevention, reduction and control of po User States and States bordering a strait should by agreement cooperate: (a)in the establishment and maintenance in a strait of necessary navigational and safety aids or other improvements in aid of international navigation; and (b) for the prevention, reduction and control of pollution from ships. Article 44 Duties of states borderin States bordering straits shall not hamper transit passage and shall give appropriate publicity to any danger to navigation or overflight within or over the strait of which they have knowledge. There shall be no suspension of transit passage SeCtION 3. INNOCENT PASSAGE Article 45 nnocent passage 1. The regime of innocent passage, in accor section 3, shall apply in straits used for international navigation (a)excluded from the application of the regime of transit passage under article 38, paragraph 1;or b)between a part of the high seas or an exclusive economic zone and the territorial sea of a foreign state 2. There shall be no suspension of innocent passage through such
39 (d) the loading or unloading of any commodity, currency or person in contravention of the customs, fiscal, immigration or sanitary laws and regulations of States bordering straits. 2. Such laws and regulations shall not discriminate in form or in fact among foreign ships or in their application have the practical effect of denying, hampering or impairing the right of transit passage as defined in this section. 3. States bordering straits shall give due publicity to all such laws and regulations. 4. Foreign ships exercising the right of transit passage shall comply with such laws and regulations. 5. The flag State of a ship or the State of registry of an aircraft entitled to sovereign immunity which acts in a manner contrary to such laws and regulations or other provisions of this Part shall bear international responsibility for any loss or damage which results to States bordering straits. Article 43 Navigational and safety aids and other improvements and the prevention, reduction and control of pollution User States and States bordering a strait should by agreement cooperate: (a) in the establishment and maintenance in a strait of necessary navigational and safety aids or other improvements in aid of international navigation; and (b) for the prevention, reduction and control of pollution from ships. Article 44 Duties of States bordering straits States bordering straits shall not hamper transit passage and shall give appropriate publicity to any danger to navigation or overflight within or over the strait of which they have knowledge. There shall be no suspension of transit passage. SECTION 3. INNOCENT PASSAGE Article 45 Innocent passage 1. The regime of innocent passage, in accordance with Part II, section 3, shall apply in straits used for international navigation: (a) excluded from the application of the regime of transit passage under article 38, paragraph 1; or (b) between a part of the high seas or an exclusive economic zone and the territorial sea of a foreign State. 2. There shall be no suspension of innocent passage through such straits
PART IV ⊥ RCHIPELAGIC STATES Article 46 Use of terms For the purposes of this Convention (a)"archipelagic State"means a State constituted wholly by one or lagos and may include othe (b) "archipelago"means a group of islands, interconnecting waters and other natu Ich are closely interrelated that such islands, waters and other natural features form an intrinsic geographical, economic and political entity, or which historically have been regarded as such Article 47 Archipelagic baselines joining the outermost points of the outermost islands and drying reefs of the archipelago provided that within such baselines are included the main islands and an area in which the ratio of the area of the water to the area of the land including atolls, is between I to I and 9 to I 2. The length of such baselines shall not exceed 100 nautical miles except that up to 3 per cent of the total number of baselines enclosing any archipelago may exceed that length, up to a maximum length of 125 nautical 3. The drawing of such baselines shall not depart to any appreciable extent from the general configuration of the archipelag 4. Such 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 where a low-tide elevation is situated wholly or partly at a distance not exceeding the breadth of the territorial sea from the nearest island 5. The system of such baselines shall not be applied by an archipelagic State in such a manner as to cut off from the high seas or the exclusive economic zone the territorial sea of another State 6. If a part of the archipelagic waters of an archipelagic State lies between two parts of an immediately adjacent neighbouring State, existing rights and all other legitimate interests which the latter State has traditionally exercised in such waters and all rights stipulated by agreement between those States shall continue and be respected 7. For the purpose of computing the ratio of water to land under paragraph l, land areas may include waters lying within the fringing reefs of islands and atolls, including that part of a steep-sided oceanic plateau which is enclosed or nearly enclosed by a chain of limestone islands and drying reefs lying on the perimeter of the plateau 8. The baselines drawn in accordance with this article shall be shown on charts of a scale or scales adequate for ascertaining their position Alternatively, lists of geographical coordinates of points, specifying the geodetic datum, may be substituted
40 PART IV ARCHIPELAGIC STATES Article 46 Use of terms For the purposes of this Convention: (a) "archipelagic State" means a State constituted wholly by one or more archipelagos and may include other islands; (b) "archipelago" means a group of islands, including parts of islands, interconnecting waters and other natural features which are so closely interrelated that such islands, waters and other natural features form an intrinsic geographical, economic and political entity, or which historically have been regarded as such. Article 47 Archipelagic baselines 1. An archipelagic State may draw straight archipelagic baselines joining the outermost points of the outermost islands and drying reefs of the archipelago provided that within such baselines are included the main islands and an area in which the ratio of the area of the water to the area of the land, including atolls, is between 1 to 1 and 9 to 1. 2. The length of such baselines shall not exceed 100 nautical miles, except that up to 3 per cent of the total number of baselines enclosing any archipelago may exceed that length, up to a maximum length of 125 nautical miles. 3. The drawing of such baselines shall not depart to any appreciable extent from the general configuration of the archipelago. 4. Such 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 where a low-tide elevation is situated wholly or partly at a distance not exceeding the breadth of the territorial sea from the nearest island. 5. The system of such baselines shall not be applied by an archipelagic State in such a manner as to cut off from the high seas or the exclusive economic zone the territorial sea of another State. 6. If a part of the archipelagic waters of an archipelagic State lies between two parts of an immediately adjacent neighbouring State, existing rights and all other legitimate interests which the latter State has traditionally exercised in such waters and all rights stipulated by agreement between those States shall continue and be respected. 7. For the purpose of computing the ratio of water to land under paragraph l, land areas may include waters lying within the fringing reefs of islands and atolls, including that part of a steep-sided oceanic plateau which is enclosed or nearly enclosed by a chain of limestone islands and drying reefs lying on the perimeter of the plateau. 8. The baselines drawn in accordance with this article shall be shown on charts of a scale or scales adequate for ascertaining their position. Alternatively, lists of geographical coordinates of points, specifying the geodetic datum, may be substituted
The archipelagic State shall give due publicity to such charts or lists aphical coordinates and shall deposit a copy of each such chart or list Article 48 Measurement of the breadth of the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf The breadth of the territorial sea, the contiguous zone the exclusive economic zone and the continental shelf shall be measured from archipelagic baselines drawn in accordance with article 47 gal status of archipelagic waters, of the air over archipelagic waters and of their bed and 1. The sovereignty of an archipelagic State extends to the enclosed by the archipelagic baselines drawn in accordance with artic described as archipelagic waters, regardless of their depth or distance the coast 2. This sovereignty extends to the air space over the archipelagic waters. as well as to their bed and subsoil. and the resources contained therein 3. This sovereignty is exercised subject to this Part The regime of archipelagic sea lanes passage established in this Part shall not in other respects affect the status of the archipelagic waters, including the sea lanes, or the exercise by the archipelagic State of its sovereignty over such waters and their air space, bed and subsoil, and the resources contained therein Article 50 Delimitation of internal ithin its archipelagic waters, the archipelagic State may draw clo lines for the delimitation of internal waters. in accordance with articl 10 and 11 Article 5/ Existing agreements, traditional fishing rights nd existing submarine cable 1. Without prejudice to article 49, an archipelagic State shall respe rights and other legitimate activities of the immediately adjacent neighbouring States in certain areas falling within archipelagic waters. The terms and conditions for the exercise of such rights and activities, including the nature, the extent and the areas to which they apply, shall, at the request of any of the States concerned, be regulated by bilateral agreements between them. Such rights shall not be transferred to or shared with third states or their national An archipelagic State shall respect existing submarine cables laid by other States and passing through its waters without making a landfall. An
41 9. The archipelagic 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. Article 48 Measurement of the breadth of the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf The breadth of the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf shall be measured from archipelagic baselines drawn in accordance with article 47. Article 49 Legal status of archipelagic waters, of the air space over archipelagic waters and of their bed and subsoil 1. The sovereignty of an archipelagic State extends to the waters enclosed by the archipelagic baselines drawn in accordance with article 47, described as archipelagic waters, regardless of their depth or distance from the coast. 2. This sovereignty extends to the air space over the archipelagic waters, as well as to their bed and subsoil, and the resources contained therein. 3. This sovereignty is exercised subject to this Part. 4. The regime of archipelagic sea lanes passage established in this Part shall not in other respects affect the status of the archipelagic waters, including the sea lanes, or the exercise by the archipelagic State of its sovereignty over such waters and their air space, bed and subsoil, and the resources contained therein. Article 50 Delimitation of internal waters Within its archipelagic waters, the archipelagic State may draw closing lines for the delimitation of internal waters, in accordance with articles 9, 10 and 11. Article 51 Existing agreements, traditional fishing rights and existing submarine cables 1. Without prejudice to article 49, an archipelagic State shall respect existing agreements with other States and shall recognize traditional fishing rights and other legitimate activities of the immediately adjacent neighbouring States in certain areas falling within archipelagic waters. The terms and conditions for the exercise of such rights and activities, including the nature, the extent and the areas to which they apply, shall, at the request of any of the States concerned, be regulated by bilateral agreements between them. Such rights shall not be transferred to or shared with third States or their nationals. 2. An archipelagic State shall respect existing submarine cables laid by other States and passing through its waters without making a landfall. An archipelagic State shall permit the maintenance and replacement of such