Scope Of The United Nations Convention Of Law Of The Sea

Original Language Title: Geltungsbereich des Seerechts├╝bereinkommens der Vereinten Nationen

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87. Revelation of the Federal Chancellor concerning the scope of the United Nations Convention on the Law of the Sea

According to the Communications of the Secretary-General of the United Nations, the following States have ratified their instruments of ratification or ratification. Accession documents to the United Nations Convention on the Law of the Sea (BGBl. No 885/1995, last proclamation of the BGBl area. III, No 34/2006):

States:

Date of deposit of the instruments of ratification. Certificate of Accession:

Belarus

30 August 2006

Dominican Republic

10 July 2009

Congo

9 July 2008

Lesotho

31 May 2007

Liberia

25. September 2008

Malawi

28 September 2010

Morocco

31 May 2007

Moldova

6 February 2007

Niue

11 October 2006

Switzerland

1 May 2009

Chad

14. August 2009

Montenegro also has 23. On 3 October 2006, it was declared that the Convention should continue to be bound by the Convention.

According to the communications of the Secretary-General of the United Nations, the following States have taken place on the occasion of the deposit of their ratification or the following reservations have been declared or Statements made:

Belarus:

1.

In accordance with Article 287 of the Convention, the Republic of Belarus recognises an arbitral tribunal in accordance with Annex VII as a fundamental means of resolving disputes on the interpretation or application of the Convention. In order to settle disputes relating to fishing, the protection and conservation of the marine environment, scientific marine research or shipping, including pollution from ships and waste, the Republic of Belarus shall, in accordance with Annex VIII, a special arbitral tribunal. The Republic of Belarus recognises the jurisdiction of the International Tribunal for the Law of the Sea on matters relating to the immediate release of ships taken into custody or their crews, as in Article 292 of the Convention provided for;

2.

According to Art. 298 of the Convention, the Republic of Belarus does not recognise any mandatory procedures which make binding decisions for the review of disputes over military action, including the state ships and aircraft serving other than commercial purposes, or disputes over acts of enforcement in the exercise of sovereign rights or sovereign rights or disputes in which the United Nations Security Council, the the tasks assigned to it by the Charter of the United Nations, .

Morocco:

The laws and legislation on marine areas in force in Morocco continue to apply without prejudice to the provisions of the United Nations Convention on the Law of the Sea.

The Government of the Kingdom of Morocco reaffirms that Sebta, Melilia, the island of Al-Hoceima, the Fels and the Badis Chafarinas Islands are Moroccan territories.

Morocco has never stopped demanding the regaining of these territories, which are under Spanish occupation, in order to gain its territorial unity.

In ratifying the Convention, the Government of the Kingdom of Morocco declares that ratification can in no way be interpreted as a recognition of this occupation.

The Government of the Kingdom of Morocco shall not be bound by any national legal instrument or declaration which has been or will be made by other States if they sign or ratify the Convention and reserves the right to: Right to determine their position on all such instruments or declarations at the appropriate time.

The Government of the Kingdom of Morocco reserves the right, at the given time, to make statements pursuant to Articles 287 and 298 concerning the settlement of disputes.

Moldova:

As a country without sea coast and geographically disadvantaged, bordering a sea that is poor on living resources, the Republic of Moldova stresses the need to build international cooperation for the use of living resources of the Economic zones, on the basis of fair and balanced agreements guaranteeing the access of the countries in this category to fish stocks in the economic zones of other regions or sub-regions.

Montenegro:

1.

On the basis of the law granted to the States Parties under Article 310 of the United Nations Convention on the Law of the Sea, the Government of Montenegro assumes that a coastal State shall use its own laws and regulations to: the passage of foreign warships subject to the requirement of prior notification of the coastal state and the number of ships passing through at the same time on the basis of customary international law and in Conformity with the right to peaceful passage (Art. 17 to 32 of the Convention).

2.

The Montenegrin Government also assumes that it is based on Article 38 (1) and Article 45 (1) (1). (a) the Convention may, by means of its own laws and regulations, determine which of the straits used for international shipping in the territorial sea of Montenegro to apply the rules on the peaceful transit, where appropriate .

3.

In view of the fact that the provisions of the Convention on the connection zone (Art. 33) do not contain any provisions on the delimitation of the connection zone between States with opposite or adjacent coasts, the Montenegrin Government assumes that the provisions of Article 24 (3) of the Geneva meeting on 29 April 1958 signed agreement on the territorial sea and the connection zone, also for the delimitation of the connection zone between the States Parties to the United Nations Convention on the Law of the Sea Nations.

Switzerland:

Declaration pursuant to Art. 287:

The International Tribunal for the Law of the Sea is recognised as the sole competent body for the law of the sea.

According to other communications of the Secretary-General of the United Nations, the following states have made further statements:

Angola 1 :

The Government of Angola declares, in accordance with Article 287 (1) of the United Nations Convention on the Law of the Sea concluded in Montego Bay on 10 December 1982, that it shall be the International Tribunal for the Law of the Sea, established pursuant to Annex VI to the Convention, as a Dispute settlement body electing for the interpretation or application of the Convention.

The Government of Angola also states in accordance with Art. 298 (1) (lit). a of the United Nations Convention on the Law of the Sea concluded in Montego Bay on 10 December 1982, that it is the same in Art. 287 (1) (1) (1). c. disputes concerning the interpretation or application of Articles 15, 74 and 83 concerning the delimitation of marine areas and historical coves or historical legal stiles.

Bangladesh 2 :

Pursuant to Art. 287 (1) of the United Nations Convention on the Law of the Sea, concluded in Montego Bay on 10 December 1982, the Government of the People's Republic of Bangladesh declares that it is the competent authority of the International Tribunal for the Law of the Sea of Settlement of disputes between the People's Republic of Bangladesh and the Republic of India concerning the delimitation of the marine area in the Bay of Bengal.

Pursuant to Art. 287 (1) of the United Nations Convention on the Law of the Sea, concluded in Montego Bay on 10 December 1982, the Government of the People's Republic of Bangladesh declares that it is the competent authority of the International Tribunal for the Law of the Sea of Settlement of disputes between the People's Republic of Bangladesh and the Union of Myanmar in relation to the delimitation of the marine area in the Bay of Bengal.

China 2 :

Declaration in accordance with Art. 298:

The Government of the People's Republic of China does not recognise any of the procedures provided for in Part XV, Section 2 of the Convention, in respect of all types of disputes pursuant to Art. 298 (1) (a), (b) and (c) of the Convention.

Gabon 2 :

Declaration pursuant to Art. 298 (1):

In accordance with Article 298 (1) of the Convention, the Government of Gabon declares that it does not apply the procedures provided for in Part XV, Section 2 of the said Convention, with regard to the categories of disputes referred to in Article 298 (1) (a) of the Convention. accepted.

Ghana 1 :

In accordance with Article 298 (1) of the United Nations Convention on the Law of the Sea ("the Convention"), concluded on 10 December 1982, the Republic of Ghana declares that it does not have any of the procedures provided for in Part XV, Section 2 of the Convention, with regard to: to the one referred to in Article 298 (1) (lit). a of the Convention shall recognise the types of dispute provided for.

Republic of Korea 2 :

Declaration in accordance with Art. 298:

1.

In accordance with Article 298 (1) of the Convention, the Republic of Korea does not recognise any of the procedures provided for in Part XV, Section 2 of the Convention with regard to all types of disputes within the meaning of Article 298 (1) (a), (b) and (c) of the Convention.

2.

The present declaration shall apply immediately.

3.

Nothing in the present declaration is intended to affect the right of the Republic of Korea to submit a request to a court pursuant to Article 287 of the Convention in order to intervene in the proceedings of disputes between other States Parties, it should be aware that it has an interest of a legal nature which could be affected by the decision in this dispute.

Palau 2 :

Declaration in accordance with Art. 298:

The Government of the Republic of Palau states in accordance with Art. 298 (1) (lit). (a) the 1982 United Nations Convention on the Law of the Sea, that it does not recognise any mandatory procedures which make binding decisions on the delimitation and/or interpretation of the sea borders.

Saint Vincent and the Grenadines 1 :

Pursuant to Art. 287 of the United Nations Convention on the Law of the Sea of 10 December 1982, the Government of Saint Vincent and the Grenadines declares that it shall establish the International Tribunal for the Law of the Sea, set up pursuant to Annex VI, as a means of: Settlement of disputes concerning the holding or detention of its ships shall be chosen.

Trinidad and Tobago 1 :

Declaration pursuant to Art. 287:

The Republic of Trinidad and Tobago declares that in the absence of or in the absence of other peaceful means, the Republic of Trinidad and Tobago shall have the following means in the order of their priority for the settlement of disputes over the Interpretation or application of the United Nations Convention on the Law of the Sea elects:

a.

The International Tribunal for the Law of the Sea, established pursuant to Annex VI;

b.

The International Court of Justice.

Declaration in accordance with Art. 298:

The Foreign Minister of the Republic of Trinidad and Tobago hereby declares, in accordance with Art. 298 (1) (lit). (a) of the United Nations Convention on the Law of the Sea, concluded in Montego Bay on 10 December 1982, that the Republic of Trinidad and Tobago do not have any of the procedures provided for in Part XV, Section 2 of the Convention, in relation to the types of Any dispute concerning the interpretation or application of Articles 15, 74 and 83 relating to the delimitation of marine areas, as well as historical coves or historical legal titles.

According to the United Nations Secretary-General's notice, the Kingdom of the Netherlands 2 announced on 13 February 2009 that the Convention should also apply to the Netherlands Antilles 3 , and at the same time the following statement or Claims made:

A. Declaration in relation to Article 287 of the Convention:

The Kingdom of the Netherlands declares, in accordance with Art. 287 of the Convention, that it is the jurisdiction of the International Court of Justice to settle disputes concerning the interpretation and application of the Convention with regard to States Parties to the Convention The Convention, which has also done so, recognises.

B. objection:

The Kingdom of the Netherlands shall object to any declarations which exclude or alter the legal effects of the provisions of the United Nations Convention on the Law of the Sea.

This is particularly the case with regard to the following matters:

I.

Peaceful passage through the territorial sea

The Convention shall allow all ships to transit through the territorial sea, including foreign warships, nuclear-powered ships and ships carrying nuclear or other substances of a similar nature, without prior consent or notification and taking into account specific precautionary measures provided for in international agreements for such ships.

II.

Exclusive economic zone

1.

Passage through the exclusive economic zone

Nothing in this Convention shall limit the freedom of navigation of ships of nuclear power or of ships carrying nuclear or other substances of a similar nature in the exclusive economic zone, provided that such voyage is shall comply with applicable rules of international law. In particular, the Convention does not authorise the coastal State to make the shipping of such vessels subject to prior consent or notification in the exclusive economic zone.

2.

Military exercises in the exclusive economic zone

The Convention does not authorise the coastal State to prohibit military exercises in its exclusive economic zone. The rights of the coastal State in the exclusive economic zone are listed in Article 56 of the Convention, and such power is not delegated to the coastal State. In the exclusive economic zone, all States shall enjoy the freedom of navigation and overflight, subject to the relevant provisions of the Convention.

3.

Installations in the exclusive economic zone

The coastal State shall have the right to authorise, operate and use installations and works in the exclusive economic zone for economic purposes. The jurisdiction over the establishment and operation of such installations and structures is limited to the rules laid down in Article 56 (1) and is subject to the obligations contained in Article 56 (2) and Articles 58 and 60 of the Convention.

4.

Other rights

The coastal State does not enjoy any further rights in the exclusive economic zone. The rights of the coastal State are enumerated in Article 56 of the Convention and cannot be extended unilaterally.

III.

Passage through straits

Routes and shipping routes through straits are to be determined in accordance with the rules of the Convention. Considerations relating to national security and public order must not affect shipping in the sea used for international shipping. The application of other international rules on straits is subject to the relevant articles of the Convention.

IV.

Archipelago

The application of Part IV of the Convention is limited to States which are wholly composed of one or more groups of islands and may include other islands. Art. 46 contradicting claims to the status of an archipelago state are unacceptable. The status of an archipelago state and the rights and obligations arising from this status may be acquired only in accordance with the conditions of Part IV of the Convention.

V.

Fisheries

The Convention does not confer jurisdiction on the coastal State with regard to the exploitation, conservation and management of living marine resources beyond the exclusive economic zone, with the exception of sesshafter species. The Kingdom of the Netherlands takes the view that the conservation and management of straddling and highly migratory fish stocks, in accordance with Articles 63 and 64 of the Convention, shall be based on international cooperation in appropriate subregional and regional organisations.

VI.

Cultural heritage under water

The sovereign powers over archaeological and historical objects found in the sea are limited to Articles 149 and 303 of the Convention. However, the Kingdom of the Netherlands is of the opinion that it may be necessary to further develop international cooperation in international cooperation with regard to the cultural heritage under water.

VII.

Base lines and demarcation

A claim that base lines or the delimitation of marine areas comply with the Convention is only acceptable if such lines or territories have been established in accordance with the Convention.

VIII.

National legislation

Under the general rule of international law, as laid down in Articles 27 and 46 of the Vienna Convention on the Law of Treaties, States cannot invoke their national law in order to comply with the Convention's failure to comply with the Convention. is justified.

IX.

Territorial claims

The ratification by the Kingdom of the Netherlands does not include the recognition or acceptance of any territorial claims by individual States Parties to the Convention.

X.

Art. 301

Article 301 is to be interpreted in accordance with the statutes of the United Nations, which shall apply to the territory and the territorial sea of a coastal State.

XI.

General statement

The Kingdom of the Netherlands reserves the right to make further declarations to the Convention and to the Agreement in response to future declarations.

Faymann