101/1965 Coll.
DECREE
Minister of Foreign Affairs
of 31 March 2004. July 1965
on the Convention on the territorial waters and contiguous zone
29 April 2004. April 1958 was negotiated in Geneva Convention on coastal waters and
contiguous zone.
On behalf of the Czechoslovak Socialist Republic, the Convention was signed in
New York, 30 July 2004. October 1958.
With the Convention on the territorial waters and contiguous zone in favour of Government consent
on 26 April. April 1961 and the National Assembly on 26 April. June 1961. The President of the
the Republic has ratified the Convention on 13 November. July 1961.
Czechoslovak ratification instrument to the Convention on the territorial waters and the band
nearby was deposited with the Secretary-General of the United
Nations-the depositary of the Convention-March 31. August 1961.
Convention entered into force, pursuant to article 29, paragraph 1) on
August 12, 1964. That date also came into force for
The Czechoslovak Socialist Republic.
Czech translation of the Convention shall be published at the same time.
First Deputy Minister of:
Dr. Gregor v.r.
CONVENTION
for coastal waters and contiguous zone
States that are parties to the Convention have agreed on the following provisions:
PART I
Coastal waters
Section I.
General provisions
Article 1
1. The sovereignty of the State is expanding beyond its mainland territory and
national water, up to the sea adjacent to its coast, called
coastal waters.
2. This sovereignty is exercised under the conditions referred to in the provisions
These articles and other rules of international law.
Article 2
Sovereignty of the coastal State shall apply to the airspace above
coastal waters, as well as on their bed and subsoil.
Section II.
The boundaries of territorial waters
Article 3
Unless otherwise stipulated in these articles, the normal baseline for
measuring the breadth of the territorial waters is the low-water line along the coast, as
delineated on the maps of scale, which are officially recognised by the
the coastal State.
Article 4
1. In areas where the coast is very rugged and has deep cuts or where
is the Ribbon of islands along the coast in its immediate vicinity, can be used
in setting the baseline from which the breadth of territorial waters,
the method of straight baselines connecting the corresponding points.
2. The establishment of such baselines shall not substantially deviate from the
the overall direction of the coast and sea areas lying within these lines must
be sufficiently closely linked to areas of the country, so that they can be subjected to
mode of national waters.
3. In setting the baseline should not be based on the emerging
the peak in the zone of the low-water mark, if they are not set up beacons or
other similar facility located permanently above sea level.
4. Where the method of straight baselines pursuant to the provisions of paragraph 1.
1, it is possible to take into account when determining individual base lines to
the specific economic interests of the area, whose existence and the importance of
is clear on the basis of long term use.
5. The system of straight baselines cannot be used in such a State
in a way, that would be separated from the open sea the territorial waters of another State.
6. The coastal State shall clearly indicate the straight base lines in the
nautical maps, which must be published in an appropriate manner.
Article 5
1. Water stretching inland from the base line of the coastal
water forms part of the national waters of the State.
2. Where the establishment of a straight baseline in accordance with article 4 with the result
the areas that were previously considered as part of the coastal waters or
the high seas are included in national waters, there will be the right
of innocent passage in those waters, as provided for in articles 14 and 23.
Article 6
The outer limit of the territorial waters form a line, every point of which is
the nearest point of the baseline at a distance equal to the width of the
coastal waters.
Article 7
1. This article shall apply only to the Bay, whose shores belong to the
a single State.
2. for the purposes of this article means the Bay of a distinct notch, whose
penetration into the Mainland is in such proportion to the width of its mouth that
contains water, surrounded by countries and represents more than a simple fold
the coast. The notch shall be considered the Bay, only if its surface area
as large or larger than half, whose diameter is a straight line, led by
across the mouth of the notch.
3. for the purpose of measuring is considered to be the area of the indentation area lying between the
the low-water line along the coast of the notch and the straight line connecting the points
low-water mark when its natural entrance. Where, however, due to the
the existence of the Islands notch has more than one mouth, shall on the
line as long as the full sum of the lengths of lines across the various
the mouth. Islands in the slot will be counted as if they were part of the
the water area of the indentation.
4. If the distance between points on the low-water mark of the natural estuary
the Gulf does not exceed twenty-four miles, can lead rozhraničující a line between
These two low points and water bounded as follows will be
considered the national waters.
5. Where the distance between points on the low-water mark of the natural mouth of the Gulf
exceeds twenty four miles, can be vytyčiti a straight baseline of
twenty-four miles inside the Bay in such a way to include the maximum
the water area as it is possible to separate the line of this length.
6. The above provisions do not apply. the "historic" bays
even on those occasions when it is used for the system of equal basic lines according to the
Article 4.
Article 8
For the purposes of the definition of the coastal waters will be a permanent port facilities
as far as stretching out into the sea and form an integral part of the port system,
considered part of the coast.
Article 9
The wharf, which is normally used for loading, unloading and anchoring
ships and that would otherwise reside wholly or partly outside the outer
the boundary of the territorial waters, are included in the coastal waters. The coastal State is
obliged to clearly mark these artifices, and mark is at the same time with their
borders on charts, which must be adequately disclosed to the public.
Article 10
1. An island is a naturally formed part of a country surrounded by water, which
above the water, the largest influx.
2. The territorial waters of the island shall be measured according to the provisions of these articles.
Article 11
1. a low-tide elevation is a naturally formed part of the country, which is
surrounded by water and above water in the low-water mark, but it is
the greatest influx of flooding it. Where a low-tide elevation
It is situated wholly or partly at a distance from the Mainland or an island,
not exceeding the breadth of the territorial waters, this may be the low-water line
Ridge used for baseline for measuring the breadth of the territorial waters.
2. If the low-tide elevation completely at such a distance from the
Mainland or an island, that spans the breadth of the territorial waters, does not have its
its own coastal waters.
Article 12
1. where the coastline of two States against each other or adjacent, is not
None of the two States is entitled to, if not opposite to the agreement between them, extend the
its coastal waters for the central line from which the breadth of territorial waters
each of the two States. The provisions of this paragraph shall not apply where there
where it is necessary for the historical legal reason or other special circumstances
rozhraničit coastal waters of both countries in a manner that is inconsistent with the
This provision.
2. the Rozhraničující line between the territorial waters of two States bordering
opposite each other or adjacent will be plotted on charts
large scale, officially recognized by coastal States.
Article 13
If the river flows directly into the sea, will be the base line of a straight line
across the mouth of the river between the points its banks on the low-water line.
Section III.
Right of innocent passage
Subsection A.
Rules applicable to all ships
Article 14
1. subject to the provisions of these articles have ships of all States, whether
coastal or national, the right of innocent passage in the territorial
waters.
2. The passage is cruise coastal waters either for the purpose of passage without
the ship as he donned the national waters, or for the purpose of proceeding to
the national waters, or in order to exit from national waters
the high seas.
3. The passage includes stopping and anchoring, but only in so far as
is related to the normal cruise or have become necessary due to force majeure
or emergency.
4. The passage is peaceful if it does not endanger peace, public order or
the security of the coastal State. Such passage will be in accordance with the
the following articles and other rules of international law.
5. The passage of foreign fishing vessels shall not be considered peaceful, if
these ships do not observe the laws and regulations of the coastal State, which issued the
and published in order to prevent these boats to fish in coastal
waters.
6. Undersea vessels are obliged to pass on the surface and to show their
flag.
Article 15
1. The coastal State may not impede peaceful passage of coastal waters.
2. The coastal State is required to notify in an appropriate way on all
the dangers that threaten its knowledge, its coastal cruise
waters.
Article 16
1. The coastal State may take in their coastal waters required
measures to prevent passage that is not peaceful.
2. with respect to ships that fly the national waters, the coastal
State the right to take the necessary measures to prevent any
violations of the conditions laid down for the admission of such ships in those
waters.
3. subject to the provisions of paragraph 4, the coastal State may, without
discriminated against foreign ships temporarily stop in certain areas
its coastal waters a peaceful passage of foreign ships if such
stop necessary to protect his safety. Such a stop
will be effective only if it was properly posted.
4. the Peaceful passage of foreign ships must not be stopped in the Straits to which the
used for international navigation between one part of the high seas and the other
parts of the high seas or coastal waters of a foreign country.
Article 17
The foreign ship, carrying out a right of innocent passage, will be subject to
laws and regulations issued by the coastal State in accordance with the following articles
and other rules of international law and, in particular, to those laws and
the regulations, which apply to the transport and shipping.
Subsection (B).
The rules applicable to merchant ships
Article 18
1. From the foreign ships must not collect any fees for just their
the passage of coastal waters.
2. fees may collect from foreign ships passing through the coastal
the waters just as consideration for special services rendered the ship. These fees
must be drawn without discrimination.
Article 19
1. the criminal jurisdiction of the coastal State does not have to be exercised over the foreign
ships passing through the territorial waters, for the purpose of the arrest of some
the person or the investigation in connection with the crime committed on board
the ship at the time of its passage, except in the following cases:
and) if the consequences of the offence affects the coastal State;
(b)) if the offense is to break the peace and order in the country or in
coastal waters;
(c) if the assistance of the local authorities) has been requested by the captain of the ship or
the Consul of the country under whose flag the ship is flying;
d) if it is necessary to prevent the illicit trafficking in narcotic drugs
substances.
2. The above provisions shall not affect the right of the coastal State to perform
the measures laid down by its legislation for the purpose of arrest or
investigation on board a foreign ship passing coastal waters after
abandonment of national waters.
3. in the cases envisaged in paragraph 1 and 2 of this article, it shall inform the
the coastal State, asking if the captain of the ship, the consular post of the State, under the
whose flag the ship is flying before will take any
measures, and will make it easier to establish contact between the consular post and the crew
the ship. In cases of the urgent necessity of communication may be made during the
the measures undertaken.
4. In assessing whether or how it should be done, they are the local arrest
the authorities shall take due account of the interests of navigation.
5. The coastal State may not take on board a foreign ship passing
coastal waters, no measures for the purpose of arrest of the person or
investigation in connection with any crime committed before the
the ship entered the territorial waters if the ship set sail from a foreign
the port and only flows in coastal waters, without vepluje into the waters
National.
Article 20
1. The coastal State does not have to hold a foreign ship passing the coastal
waters, or change its direction in order to exercise civil jurisdiction to
one person on board the ship.
2. The coastal State may not perform a execution or execute the lock
measures against a ship in matters of civil, unless it was a
obligations or liability that the ship itself has acquired or that it
affect during the voyage or for the purpose of its voyage, the waters of the coastal
State.
3. The provisions of the preceding paragraph shall not affect the right of the coastal
State to perform a execution or enforced precautionary measures in matters of
According to its legislation against the civil law a foreign ship which is anchored
in coastal waters or coastal waters is fading, after leaving the
national waters.
Subsection (C).
The rules relating to State ship other than war
Article 21
The rules contained in subsections A and B shall also apply to the State of the ship
used for commercial purposes.
Article 22
1. The rules contained in subsection and article 18 shall apply to the State
the ship used for non-commercial purposes.
2. With the exceptions contained in the provisions referred to in the preceding
paragraph nothing in those articles shall not affect the immunities to which such vessel
enjoy under these articles, or other rules of international law.
Subsection (D).
The rules for a warship
Article 23
If the warship for further regulations of the coastal State in respect of
with the passage of the coastal waters and the rest of the challenges given to it is
respect, the coastal State may request that the warship left the coastal
water.
PART II
Zone adjacent
Article 24
1. in the zone of the high seas adjacent to its coastal waters can
the coastal State shall carry out the necessary checks to ensure that:
and) has been prevented from infringement of its customs, fiscal, immigration or
health regulations within its territory or in coastal waters;
(b)) was prosecuted violations of those regulations committed within its territory
or in coastal waters.
2. the Zone adjoining it must not span further than 12 miles from the
the baseline from which the breadth of territorial waters.
3. where the coastline of two States lies across from each other or adjacent, is not
None of the two States is entitled to, if there were no agreement between them to the contrary,
expand your zone adjoining the line every point of which is in
the same distance from the nearest point on the base line from which is measured
the breadth of the territorial waters of the two States.
PART III
The final articles
Article 25
The provisions of this Convention are without prejudice to the applicable conventions or other
international agreements in relations between States that are parties to these
conventions or agreements.
Article 26
This Convention will be until 31 December 2006. October 1958 open to signature by all Member
States of the United Nations or some other international professional
the Organization, as well as any other State invited by the General
the General Assembly of the United Nations to become a party to the
of this Convention.
Article 27
This Convention is subject to ratification. The instruments of ratification shall be deposited with
the Secretary-General of the United Nations.
Article 28
This Convention shall be open for accession by any State that belongs to the
some of the categories referred to in article 26. The instrument of accession shall be
deposited with the Secretary-General of the United Nations.
Article 29
1. this Convention enters into force on the 30th day after the date of deposit of
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 30
1. After the expiry of the five-year period from the date of entry into force of this Convention,
any Contracting Party may at any time submit a request for the revision of this
Of the Convention, and that written communication addressed to the Secretary-General
Of the United Nations.
2. The General Assembly of the United Nations shall decide on the measures
that should be after the case made in connection with such applications.
Article 31
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 26:
and) of signatures of this Convention and of the deposit of instruments of ratification of, and
access in accordance with article 26, 27 and 28;
(b)) on the effective date of this Convention in accordance with article 29;
(c)) of the request for revision under article 30.
Article 32
The original of this Convention, of which the English, Chinese, French, Russian and
Spanish texts are equally authentic, will be deposited with the
Secretary-General of the United Nations, who shall send certified true copies thereof
to all the States referred to in article 26.
In witness whereof the duly authorised agents, instructed by their Governments,
have signed this Convention.
Done at Geneva, this twenty-ninth day of April one thousand nine hundred and fifty-eight.