On The Convention On The High Seas

Original Language Title: o Úmluvě o volném moři

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=30499&nr=92~2F1964~20Sb.&ft=txt

92/1964.



DECREE



Minister of Foreign Affairs



of 6 May 1999. May 1964



on the Convention on the high seas



29 April 2004. April 1958 was negotiated in Geneva Convention on the high seas. On behalf of the

The Czechoslovak Socialist Republic, the Convention was signed in New

York on 30. October 1958. When signing the Convention been made reservation to

Article 9 of the Convention and accompanied by a statement of the provisions defining the concept

piracy.



With the Convention on the high seas, in favour of the Government agreement of 26 July 1995. April 1961 and

The National Assembly on 26 April. June 1961. President of the Republic, the Convention

ratified on 13 November. July 1961.



Czechoslovak ratification instrument to the Convention on the high seas has been saved

with the Secretary-General of the United Nations, depositary of the Convention-

-on 31 December 2004. August 1961.



Convention entered into force, pursuant to article 34, paragraph 1, in

force on 30. September 1962 and entered into force on this day and for

The Czechoslovak Socialist Republic.



Czech translation of the Convention shall be published at the same time.



David v.r.



Convention



on the high seas



States that are parties to this Convention,



Desiring to codify the rules of international law relating to the free

the sea,



Recognizing that the provisions below, taken by the Conference of

the United Nations on the law held in Geneva from 24. February to 27.

April 1958, are essentially an expression of the principles of the international

rights,



They agreed on the following provisions:



Article 1



The term "high seas" applies to all parts of the sea that are not

included in the territorial waters or in the inland waters of any State.



Article 2



The high seas are open to all Nations, and no State can validly

seize the right to subject any part of their sovereignty.

Freedom of the high seas shall be applied under the conditions laid down in the following articles

and other rules of international law. Includes coastal and

Inland States, inter alia:



1. freedom of navigation;



2. the freedom of fishing;



3. the freedom to lay submarine cables and pipelines;



4. the freedom to fly over the high seas.



These freedoms, as well as other freedoms recognized general principles

international law, are to be taken by all States with reasonable regard to the

the interests of other States in the use of the freedom of the high seas.



Article 3



1. In order to enjoy the freedom of the sea, under the same conditions as the coastal

States have inland States have free access to the sea. For this purpose,

provide the States lying between the sea and the land-locked state by common

the agreement with him, and in accordance with the applicable international conventions:



and the free passage of State vnitrozemskému) its territory on the basis of

reciprocity;



b) ships flying the flag of that State the same treatment as

their own ships or ships of any other State when it comes to

access to sea ports and their use.



2. the States lying between the sea and the land-locked state, will be addressed at

by common agreement, and taking into account the rights of the coastal or

the transit State and the specific conditions of the Inland State of all

questions relating to the freedom of transit and of equal treatment in ports in the

If those States parties are no longer valid

international conventions.



Article 4



Each State, whether coastal or landlocked has the right, to on the high seas

the ship drifted under its flag.



Article 5



1. Each Member State shall lay down the conditions for the grant of its nationality to ships, for the

the matriculation of ships in its territory and for the right to fly its flag.

The ship have jurisdiction of the State whose flag they are entitled to

sail. There must be a real link between the State and the ship; in particular, it must

the State effectively exercise over ships flying its flag, its

jurisdiction and control in administrative, technical and social matters.



2. each State shall issue to the ships, which provide the right to fly under their

flag of the appropriate documentation.



Article 6



1. Ships flying the flag of one State only and, save in exceptional

the cases expressly provided for in international treaties or in this

articles on the high seas shall be subject to its exclusive jurisdiction. In the course of

the trip or a stop in the port, the ship must not change their flag in addition to the

the case of the actual transfer of ownership or change of matriculation.



2. Ship sailing under the flags of two or more States, which uses the

his will, cannot apply against any third State any of the

These citizenships and may be regarded as a vessel without a

jurisdiction.



Article 7



The provisions of the preceding articles shall in no way affect the question of ships

used for business purposes of any intergovernmental organisation and

flying the flag for the organisation.



Article 8



1. A warship on the high seas shall enjoy full immunity from the jurisdiction of

other States than the one under whose flag they fly.



2. for the purposes of these articles, the expression "war ship" means a ship belonging to the

the brunt of any State and bearing the external license plate characters

ships of its nationality, under the command of an officer

appointed by the Government, whose name appears in the list of officers

Navy, with a crew that is subjected to the usual military

Naval discipline.



Article 9



The ship, which is owned or operated by a State and which are

used only for government non-commercial service, are on the high seas fully

excluded from the jurisdiction of any State other than the flag State.



Article 10



1. each State is required to make in respect of ships flying its

the flag, the necessary measures to ensure safety at sea, in particular

as regards:



and the use of signals, the maintenance of) and the prevention of collisions;



(b)) the composition and working conditions of crews with respect to valid

international documents relating to labour issues;



c) construction and equipment of the ship and its eligibility for navigation at sea.



2. in the implementation of these measures, each State is obliged to comply with

generally accepted international standards, and to do all the necessary

measures to ensure compliance.



Article 11



1. in the event of a collision or any other ferry accident while sailing ship

on the high seas, which establishes criminal or disciplinary liability

the captain or any other person in the service of the ship, it can't be against the

of these persons, initiated criminal or disciplinary proceedings, but before

the judicial or administrative authorities either of the State whose flag the ship

, or the State of which that person is a national.



2. In disciplinary matters is the State that issued the command

licence or a certificate of competency or the permit, the only competent,

After proper legal procedure advocated the withdrawal of these documents,

even if their owner is not a national of a State which issued it.



3. No other authorities than the authorities of the flag State may not order the seizure of the

or detention of the ship, even for the purposes of the investigation.



Article 12



1. Every State shall require the captain of the ship flying its

the flag that, if it can do so without serious danger to the ship, the crew

or the passengers:



and) provided assistance to any person found at sea, which is in danger of

life;



(b)) with the greatest of speed to the rescue of persons, that are in the

the risk, if it is trained, that they need help, if it can reasonably be

expect such action;



c) provided assistance after the collision of the second ship, its crew and its passengers,

and if it is possible, said a second ship, the name of his own ship, its

the home port and the closest port to which the vessel is flying.



2. all coastal States will be to foster the creation and maintenance of

adequate and effective search and rescue service in order to ensure

safety at sea and above sea level – and where circumstances so require-

for this purpose, will negotiate regional agreements on mutual cooperation with the

neighbouring States.



Article 13



Each State is required to take effective measures to prevent and

punish the transport of slaves on ships entitled to fly the

its flag, and to prevent the misuse of its flag for this purpose. Each

slave, which resorts to board some ship, regardless under

its flag, it shall take the ipso facto freedom.



Article 14



All States are required to the greatest possible extent work on

the fight against piracy on the high seas or in any other place

not subject to jurisdiction of any State.



Article 15



For piracy offences shall be considered as:



1. Any offence of violence, detention or any participated in a

an offence committed for private purposes by the crew or passengers of a private ship

or a private aircraft, and directed to:



and) on the high seas against another ship or aircraft, or against persons or

property on board;



(b) against the ship, aircraft), persons or property in a place not subject to

jurisdiction of any State;



2. any act of voluntary participation in the use of a ship or aircraft,

If the person who commits them, knows about the facts, making

This ship or this character of a pirate ship or aircraft of pirated

the aeroplane.



3. Any act that is intended to incite or intentionally facilitate

the Act referred to in paragraph 1 or 2 of this article, or committed with the intention of

It is easier.



Article 16




Pirate acts, as defined in article 15, and committed war

or public boat or State aircraft, which the authorised vzbouřená

the crew, are considered to be acts committed by a private ship.



Article 17



A pirate ship or aircraft are considered, the designated persons under the

the actual control are located, to commit any of the acts

referred to in article 15. The same applies in the case of a ship or aircraft to which they

used to commit such acts, provided they remain under the control of

people who have committed these offences.



Article 18



Ship or aircraft may retain their nationality even though

transformed into a pirate ship or aircraft. The maintenance or loss of State

the jurisdiction shall be determined by law of the State which granted the initial state

jurisdiction.



Article 19



On the high seas or at any other place not subject to

jurisdiction of any State, any State may seize a pirate ship or

the aircraft, or a ship pirated uchvácenou that is in the power of the pirates, and arrest

the persons and seize the property on board the said ship or aeroplane. The courts of the

the State which carried out the seizure may say about the sanctions, which have

be stored, as well as on the measures to be taken, as regards the

ship, aircraft and property, subject to the rights of third parties acting bona

fide.



Article 20



In the case that it was the seizure of the ship or aircraft suspected of piracy

carried out without sufficient reason, the State, that is,

odpověden of the State whose nationality the ship or aircraft,

any loss or damage caused by the seizure.



Article 21



The seizure because of the piracy can only be done by warships

or military aircraft, or other ships or aircraft in the civil service

authorized for this purpose.



Article 22



1. except in cases where acts of meddling are based on permissions

of the Treaty, cannot that meets a warship on the high seas of a foreign

merchant ship, to carry out the identification of this ship, unless there

There was reason to suspect that:



and the said vessel is piracy), or that the



(b)) the vessel is the slave trade or the



(c)) a ship flying the foreign flag or refusing to hoist their flag has

in fact, the same nationality as the warship.



2. in the cases referred to in subparagraphs), b) and (c)) may warship

go to verify the rights on the flag ship. For that purpose, may

suspicious vessel to send a boat under the command of an officer. If the suspect and

After reviewing the evidence, may proceed with the examination of the Board

the ship, with all sorts of considerations must be respected.



3. Where it is shown that the suspicion was unjustified and that the detained ship is

did not commit any crime that would justify such suspicion,

must be compensated for any loss or damage suffered.



Article 23



1. The persecution of a foreign ship may be taken, if appropriate

authorities of the coastal State can reasonably believe that a boat has broken the laws and

Regulation of this State. This persecution must be started when it is

a foreign ship or one of its boats within the inland waters, in

the territorial waters or contiguous zone in pursuing State, and may

continue beyond the boundaries of the territorial waters or contiguous zone just for the

provided that it has not been broken. It is not necessary that the ship, which orders the foreign

ship sailing in the territorial waters or in a zone contiguous to stop,

also there was in the moment when the former receives the order.

If a foreign ship within the contiguous zone, as defined in article 24 of the

Convention on the territorial waters and contiguous zone, persecution may be

started only if there has been a violation of the rights to the protection of

the band was established.



2. the right of hot pursuit ceases as soon as the persecuted ship vepluje

the territorial waters of its own country, or of a third State.



3. hot pursuit shall be deemed commenced only on condition that the

the pursuing ship to ascertain by appropriate means, that is to

There, the ship pursued or one of its boats or other

the boats that make up the group, and using the ship as a ship who

the nursery is within the boundaries of the territorial waters or in the band

a continuous. Persecution can be initiated only after, when he was given a

a Visual or audible signal to stop, and that from a distance

allowing the vessel to be seen or heard.



4. the right of hot pursuit may be exercised only by warships

or military aircraft, or other ships or aircraft designated for the

public service and especially accredited for this purpose.



5. If the persecution carried out by aircraft:



and) the provisions of paragraphs 1 to 3 of this article shall apply, mutatis

mutandis to this method of persecution;



(b)) the aeroplane, which gives the order to stop must itself actively

Chase the ship until a ship or aircraft of the coastal State,

He was taken by plane, not calling the place to continue the

persecution, if the aircraft itself was unable to detain the ship. To do this,

to stop a ship on the high seas was justified, it is not enough to

the aircraft only found out that the ship has committed an offence or is suspected

of the offence, this ship was not given a command to stop, and if the

haunted by this aircraft or other aircraft or ships that

they continue the pursuit without interruption.



6. the release of the ship, detained in a place subject to the jurisdiction of a

State, and escorted to the port of that State for the purpose of review before the

the competent authorities cannot be required merely because the ship

and her escort through part of the high seas when the circumstances require

This passage.



7. If the ship has been stopped or detained on the high seas, in the circumstances,

which do not justify the exercise of the right of hot pursuit, it must be

compensated for any loss or damage which it occurred.



Article 24



Each State is required to issue regulations aimed at the prevention of pollution

marine fuel discharged from ships or long-haul pipes or

originating in the mining and exploration of the seabed and its subsoil, maje

While aware of the applicable contractual provisions on this issue.



Article 25



1. each State shall take measures to prevent the pollution of the

the sea by discharges of radioactive waste, bearing in mind all the standards and

regulations that may be developed by the relevant international

organisations.



2. all States are required to cooperate with the relevant international

organisations for the adoption of measures to prevent pollution of the seas

or the airspace above them arising from the use of any activity,

that involves the use of radioactive material or other harmful

officials.



Article 26



1. all States are entitled to lay submarine cables and pipelines on the

bed of the high seas.



2. subject to its right to take reasonable measures for the exploration of the Mainland

the shoal and the unfair advantage of their natural resources, the coastal State may not

prevent the laying or maintenance of such cables or pipelines.



3. When laying the cables or pipes is the State must take

due account on cables and pipelines already laid on the seabed.

In particular, shall not interfere with repair options existing cables or pipes.



Article 27



Each Member State shall take the necessary legislative measures to ensure that the interruption or

damage to the undersea cable beneath the high seas caused intentionally or

gross negligence of a vessel flying its flag or by a person subject to

its jurisdiction, that could result in an interruption or dislocation

the rupture or dial-up connections as well as interruption or

damage to an underwater cable of high voltage or remote piping for

the same conditions, it was considered a crime. This provision shall

does not apply to interruption or damage caused to persons, which would

monitor only a legitimate target to protect his life or safety

their ships, and take all necessary measures to ensure that this

break or injury.



Article 28



Each State is obliged to take all necessary legislative measures to ensure that persons,

subject to its jurisdiction and are the owners of a cable or remote

pipe on the high seas and causes in laying or repairing of this

cable or pipeline break or damage another cable or

the pipeline, to reimburse the costs associated with the repair.



Article 29



Each State is required to take the necessary legislative measures for the

order to ship owners who can prove that they have sacrificed an anchor,

NET or other fishing gear in an effort to prevent damage to the underwater

cable or pipeline, are compensated by the owner of a cable or pipe, and

under the condition that they did before all reasonable measures to ensure that the

avoid.



Article 30



The provisions of this Convention are without prejudice to the conventions or other international

agreements already in force between the States concerned on them.



Article 31



This Convention will be until 31 December 2006. October 1958 open to signature by all Member

States of the United Nations or some specialized agencies,


as well as any other State, which will be called upon by the General Assembly

Of the United Nations to become a party to this Convention.



Article 32



This Convention shall be ratified. The instruments of ratification shall be deposited with

the Secretary-General of the United Nations.



Article 33



This Convention shall be open for accession by any State that belongs to the

one of the categories referred to in article 31. The instrument of accession shall be

deposited with the Secretary-General of the United Nations.



Article 34



1. This Convention shall enter into force on the thirtieth day after the deposit

the seventy-second instrument of ratification or instrument of accession with the General

Secretary-General of the United Nations.



2. for each State which ratifies the Convention or accedes thereto after the

Save the seventy-second instrument of ratification or instrument of accession, will take

The validity of the Convention on the 30th day after the deposit of its instrument of ratification, or

the instrument of accession.



Article 35



1. After the expiry of the five-year period from the date of entry into force of this Convention,

may be at any time and by any Contracting Party submitted a review request

This Convention, by written communication addressed to the Secretary-General

Of the United Nations.



2. The General Assembly of the United Nations shall decide on the measures

the measures to be taken, as appropriate, in connection with such applications.



Article 36



The Secretary-General of the United Nations shall notify all the Member

States of the United Nations and the other States referred to in article 31:



about signatures) annexed to the Convention and of the deposit of instruments of ratification

instruments and of instruments of accession provided for in articles 31, 32 and 33;



(b)) of the date of entry into force of this Convention in accordance with article 34;



(c)) of the request for revision in accordance with article 35.



Article 37



The original of this Convention, of which the English, Chinese, French, Russian and

Spanish texts being equally authentic, shall be deposited with the

Secretary-General of the United Nations, who shall send certified copies thereof

to all the States referred to in article 31.



In witness whereof the undersigned, duly authorised by their respective Governments, credentials

have signed this Convention.



Done at Geneva, this twenty-ninth day of April one thousand nine hundred and fifty-eight.



Note: when signing the Convention has made a reservation to article 9 of the Czechoslovakia.

Of the Convention, worded as follows: "the Czechoslovak Republic takes the view that, according to

the valid international law also other ships used for commercial

purposes on the high seas shall enjoy full immunity from the jurisdiction of each

a State other than the flag State. " At the same time has made the declaration provided for in this

the text of the "Czechoslovak Republic considers that the concept of piracy, as

defined in the Convention, does not correspond to the contemporary international law, or

interests of ensuring freedom of navigation on the high seas. "