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RS 0.747.305.11 International Convention of 29 April 1958 on the Territorial Sea and the Contiguous Zone

Original Language Title: RS 0.747.305.11 Convention internationale du 29 avril 1958 sur la mer territoriale et la zone contiguë

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0.747.305.11

Original text

Territorial Sea and Contiguous Zone Convention

Cited at Geneva on 29 April 1958
Approved by the Federal Assembly on December 14, 1965 1
Instrument of ratification deposited by Switzerland on 18 May 1966
Entry into force for Switzerland on 17 June 1966

(State on 21 April 2010)

The States Parties to this Convention

Agreed to the following provisions:

Part One Territorial Sea

Section I General provisions

Art. 1

1. The sovereignty of the State extends beyond its territory and inland waters to an area of sea adjacent to its coasts, designated as the territorial sea.

(2) This sovereignty shall be exercised in accordance with the conditions laid down in the provisions of these Articles and by the other rules of international law.

Art. 2

The sovereignty of the riparian state extends to the airspace above the territorial sea, as well as to the bed and subsoil of that sea.

Section II Limits of the Territorial Sea

Art. 3

Except as otherwise provided in these articles, the normal baseline used to measure the width of the territorial sea is the low-sea leash along the coast as shown on widely recognized large-scale marine charts Officially by the riparian state.

Art. 4

1. In areas where the coastal line has deep indentations and indentations, or if there is a chain of islands along the coast, in the immediate vicinity of the coast, the method of straight baselines linking appropriate points can Be adopted for the route of the baseline from which the width of the territorial sea is measured.

2. The route of these baselines shall not depart appreciably from the general direction of the coast and the sea areas below those lines shall be sufficiently linked to the land area in order to be subject to the Inland waters.

3. The baselines shall not be drawn to or from the minions discovered at low tide, unless similar lighthouses or installations that are permanently above sea level have been built on these eminences.

4. In cases where the straight baselines method applies in accordance with the provisions of par. 1, it may be taken into account, in the determination of certain basic lines, of the economic interests of the region concerned and whose reality and importance are clearly attested by a long-term use.

5. The system of straight baselines cannot be applied by a state in such a way as to cut off the territorial sea of another state from the high seas.

The Riparian State shall clearly indicate the straight baselines on nautical charts, ensuring sufficient publicity for them.

Art. 5

1. The waters on the base line of the territorial sea facing the land are part of the internal waters of the State.

2. Where the establishment of a straight base line complies with Art. 4 has the effect of including as inland waters areas which were previously considered to be part of the territorial sea or the high seas, the right of safe passage provided for in art. 14 to 23 applies to these waters.

Art. 6

The outer limit of the territorial sea shall consist of a line with each point at a distance equal to the width of the territorial sea of the point closest to the baseline.

Art. 7

1. This Article relates only to embayments of which only one State is Riparian.

2. For the purposes of these articles, a bay is a well-marked echancrure whose penetration into the land from its width at the opening is such that it contains water chered by the coast and is more than just an inflection of the Coastline. However, a beaker is not considered to be a bay if its area is equal to or greater than that of a semicircle having a diameter of the line drawn through the inlet of the scanchor.

3. For the purposes of measurement, the area of a scanchor is the area between the lower sea leash around the shore of the scanchor and a line drawn between the lower sea heifers at its natural points of entry. When, due to the presence of islands, a tangle has more than one entry, the half circle is drawn by taking as diameter the sum of the lines closing the different entries. The area of islands within a range is included in the total area of the island.

4. If the distance between the low-sea lashes of the natural entry points of a bay does not exceed 24 miles, a dividing line may be drawn between these two low-sea heifers, and the enclosed waters shall be considered as waters Internal.

5. When the distance between the low-sea lashes of the natural entry points of a bay exceeds 24 miles, a 24-mile straight base line is drawn to the interior of the bay, so that the largest amount of water is enclosed. Possible to delimit by a line of this length.

6. The preceding provisions do not apply to so-called "historic" bays, or in cases where the system of straight baselines provided for by art. 4 is applied.

Art. 8

For the purposes of delimitation of the territorial sea, permanent installations forming an integral part of the most offshore port system are considered to be part of the coast.

Art.

The rades which are normally used for loading, unloading and anchoring of vessels, and which otherwise would be located, totally or in part, outside the general route of the outer limit of the territorial sea, shall be included in the Territorial sea. The riparian state must clearly demarcate these rades and indicate them on nautical charts with their limits, which must be sufficiently publiced.

Art. 10

1. An island is a natural range of land surrounded by water that remains discovered at high tide.

2. The territorial sea of an island shall be measured in accordance with the provisions of these Articles.

Art. 11

1. Through the excavated shoals, it is necessary to hear the natural elevations of terrain that are surrounded by the sea and discovered at low tide but covered at high tide. In cases where the discoverable shoals are, totally or partially, at a distance from the mainland or an island that does not exceed the width of the territorial sea, the low-sea leash on these funds can be taken as a baseline To measure the width of the territorial sea.

2. In cases where the discovered shoals are wholly within a distance of the continent or an island larger than the width of the territorial sea, they do not have a proper territorial sea.

Art. 12

1. When the coasts of two states face or are adjacent, none of these states is entitled, unless otherwise agreed between them, to extend its territorial sea beyond the median line, all points of which are equidistant from the points Closer to the baselines from which the width of the territorial sea of each of the two states is measured. The provisions of this paragraph shall not, however, apply where, due to historical titles or other special circumstances, it is necessary to delimit the territorial sea of the two States otherwise than is provided for in These provisions.

2. The demarcation line between the territorial seas of two states whose coasts are facing or bordering is drawn on the large-scale nautical charts officially recognised by the riparian states.

Art. 13

If a river flows into the sea without forming an estuary, the baseline is a straight line drawn across the mouth of the river between the boundary points of the low tide on the banks.

Section III Right of safe passage

Sub-Section A Rules applicable to all ships

Art. 14

1. Subject to the provisions of these articles, ships of all States, whether riparian or not, shall enjoy the right of safe passage in the territorial sea.

2. The passage is to sail through the territorial sea, either to cross it without entering inland waters, or to go to inland waters, or to take the sea off inland waters.

3. The crossing shall include the right to stoppage and anchorage, but only to the extent that the stop or mooring constitute ordinary incidents of navigation or are imposed on the vessel in a state of forced release or distress.

4. The passage is harmless as long as it does not affect the peace, order or security of the riparian state. This must be done in accordance with the present articles and the other rules of international law.

5. The passage of foreign fishing vessels is not considered to be harmless if these vessels do not comply with the laws and regulations that the riparian state may issue and publish in order to prohibit them from fishing in the territorial sea.

6. Submarine vessels are required to surface and fly their flag.

Art. 15

The Riparian State must not obstruct the safe passage in the territorial sea.

2. The Riparian State shall be obliged to make appropriate use of all the dangers of which it is aware, which threaten navigation in its territorial sea.

Art. 16

The Riparian State may, in its territorial sea, take the necessary measures to prevent any passage which is not harmless.

2. As regards ships travelling to inland waters, the Riparian State shall also have the right to take the necessary measures to prevent any violation of the conditions to which the admission of such ships is subject Those waters.

Subject to the provisions of subs. 4, the Riparian State may, without discriminating between foreign vessels, temporarily suspend, in specified areas of its territorial sea, the exercise of the right of safe passage of foreign vessels if that suspension is Necessary for the protection of its security. The suspension will take effect only after being duly published.

4. The safe passage of foreign vessels cannot be suspended in straits which, involving a part of the high seas with another part of the high seas or with the territorial sea of a foreign state, are used for navigation International

Art. 17

Foreign vessels exercising the right of safe passage shall comply with the laws and regulations laid down by the Riparian State in accordance with these articles and the other rules of international law and, in particular, the laws, and Transportation and navigation regulations.

Sub-Section B Commercial Vessel Rules

Art. 18

1. It is not possible to collect taxes on foreign vessels because of their mere passage into the territorial sea.

2. Fees may be levied on a foreign ship passing through the territorial sea as compensation for specified services rendered to that ship. These fees are collected without discrimination.

Art. 19

(1) The criminal jurisdiction of the Riparian State should not be exercised on board a foreign ship passing through the territorial sea, for the arrest of a person or for the execution of acts of instruction as a result of a criminal offence committed on board The vessel at the time of passage, except in any of the following cases:

A.
If the consequences of the offence extend to the riparian state;
B.
If the offence is likely to disturb the public peace of the country or the right order in the territorial sea;
C.
If the assistance of the local authorities has been requested by the master of the ship or by the Consul of the State whose vessel is flying the flag; or
D.
If measures are needed for the suppression of illicit drug trafficking.

2. The above provisions shall not affect the right of the Riparian State to take any measures authorised by its legislation in order to carry out arrests or acts of instruction on board a foreign ship which passes into the sea Territorial waters from inland waters.

3. In the cases provided for in s. 1 and 2 of this article, the riparian State shall, if the master so requests, notify the consular authority of the flag State before taking any action, and facilitate the contact between that authority and the ship's crew. In the event of an urgent need, such notification may be made while the measures are in progress.

4. In considering whether the arrest should be made, and in what way, the local authority must take into account the interests of navigation.

5. The Riparian State shall not take any measure on board a foreign ship which passes into the territorial sea, with a view to making an arrest or acts of investigation as a result of a criminal offence committed prior to the entry of the vessel into the Territorial sea, if the ship, from a foreign port, only passes through the territorial sea, without entering inland waters.

Art.

The Riparian State should not stop or divert a foreign ship passing through the territorial sea for the exercise of the civil jurisdiction in respect of a person on board.

2. The Riparian State may practice, in respect of that ship, enforcement measures or protective measures in civil matters only if those measures are taken on the basis of obligations assumed or responsibilities incurred by that vessel in the course of or For navigation during this passage in the waters of the riparian state.

3. The provisions of the preceding paragraph shall not affect the right of the Riparian State to take the implementing measures or the protective measures in civil matters Elected may authorise its legislation in respect of a foreign vessel that statiates In the territorial sea, or in the territorial sea from inland waters.

Sub-Section C Rules applicable to ships of State other than warships

Art.

The rules laid down in sub-sections A and B shall also apply to State ships for commercial purposes.

Art.

1. The rules in sub-section A and s. 18 apply to State ships for non-commercial purposes.

(2) With the exception of the provisions referred to in the preceding paragraph, no provision of these articles shall affect the immunities enjoyed by such ships under those articles or other rules of international law.

Sub-Section D War Vessels Rule

Art.

In the event of non-compliance by a warship with the rules of the Riparian State on the passage into the territorial sea, and failing that ship to take account of the invitation to comply with it, the Riparian State may require the exit of the Ship outside the territorial sea.

Part Two Contiguous Zone

Art. 24

1. On an area of the high seas adjacent to its territorial sea, the riparian state may exercise the necessary control in sight:

A.
To prevent breaches of its customs, tax, health or immigration laws in its territory or in its territorial sea;
B.
Punishing infringements of the same laws, committed on its territory or in its territorial sea.

2. The contiguous zone cannot extend beyond 12 miles from the baseline that serves as a starting point for measuring the width of the territorial sea.

3. Where the coasts of two states are adjacent or facing each other, neither of these two states shall have the right, if not otherwise agreed between them, to extend its contiguous area beyond the midline where each point is equidistant from the points Closer to the baselines from which the width of the territorial sea of each of these states is measured.

Part Three Final articles

Art. 25

The provisions of this Convention shall not affect the conventions or other international agreements in force in relations between States party to these conventions or agreements.

Art. 26

This Convention shall, until October 31, 1958, be open for signature by all States Members of the United Nations or of a specialized institution, as well as any other State invited by the General Assembly of the Organization The United Nations to become a party to the Convention.

Art. 27

This Convention shall be ratified. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Art. 28

This Convention shall be open for accession by any State belonging to one of the categories referred to in Art. 26. Instruments of accession shall be deposited with the Secretary-General of the United Nations.

Art.

(1) This Convention shall enter into force on the thirtieth day after the date of deposit with the Secretary-General of the United Nations of the twenty-second instrument of ratification or accession.

2. For each State ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the deposit by that State of its instrument of Ratification or accession.

Art.

After the expiration of a period of five years from the date on which this Convention enters into force, a request for revision of the Convention may be made at any time by any Contracting Party by means of notification Written to the Secretary-General of the United Nations.

2. The General Assembly of the United Nations shall decide on the measures to be taken, if any, with respect to that request.

Art.

The Secretary-General of the United Nations shall notify all Member States of the Organization and the other States referred to in Art. 26:

A.
The signatures affixed to this Convention and the deposit of instruments of ratification or accession, in accordance with Art. 26, 27 and 28;
B.
The date on which this Convention enters into force, in accordance with Art. 29;
C.
Applications for revision under s. 30.
Art. 32

The original of this Convention, of which the English, Chinese, Spanish, French and Russian texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall transmit certified copies thereof to all States referred to in Art. 26.

In witness whereof, The undersigned plenipotentiaries, duly authorized by their respective Governments, have signed this Convention.

Done at Geneva, on the twenty-ninth of April, nine hundred and fifty-eight.

(Suivent signatures)

Scope on 21 April 2010 2

States Parties

Ratification Accession (A) Declaration of succession (S)

Entry into force

South Africa

April 9

1963 A

10 September

1964

Australia * *

14 May

1963

10 September

1964

Belarus *

February 27

1961

10 September

1964

Belgium

6 January

1972 A

5 February

1972

Bosnia and Herzegovina

1 Er September

1993 S

6 March

1992

Bulgaria *

August 31

1962

10 September

1964

Cambodia

18 March

1960 A

10 September

1964

Croatia

August 3

1992 S

8 October

1991

Denmark * *

April 26

1968

26 October

1968

Spain *

25 February

1971 A

March 27

1971

United States **

12 April

1961

10 September

1964

Fiji * *

25 March

1971 S

10 October

1970

Finland

February 16

1965

18 March

1965

Haiti

March 29

1960

10 September

1964

Hungary *

6 December

1961

10 September

1964

Israel * *

September 6

1961

10 September

1964

Italy *

17 December

1964 A

16 January

1965

Jamaica

8 October

1965 S

10 September

1964

Japan * *

10 June

1968 A

10 July

1968

Kenya

20 June

1969 A

July 20

1969

Lesotho

23 October

1973 S

4 October

1966

Latvia

17 November

1992 A

17 December

1992

Lithuania *

31 January

1992 A

1 Er March

1992

Madagascar * *

July 31

1962 A

10 September

1964

Malaysia

21 December

1960 A

10 September

1964

Malawi

3 November

1965 A

3 December

1965

Malta

19 May

1966 S

21 September

1964

Mauritius

5 October

1970 S

12 March

1968

Mexico *

2 August

1966 A

1 Er September

1966

Montenegro

23 October

2006 S

3 June

2006

Nigeria

26 June

1961 S

10 September

1964

Oman

July 21

1972 A

August 21

1972

Uganda

September 14

1964 A

14 October

1964

Country-Bas**

18 February

1966

20 March

1966

Portugal * *

8 January

1963

10 September

1964

Dominican Republic

August 11

1964

10 September

1964

Czech Republic *

22 February

1993 S

1 Er January

1993

Romania *

12 December

1961

10 September

1964

United Kingdom * **

March 14

1960

10 September

1964

Russia * **

22 November

1960

10 September

1964

Solomon Islands *

3 September

1981 S

7 July

1978

Serbia

12 March

2001 S

April 27

1992

Sierra Leone

13 March

1962 S

10 September

1964

Slovakia *

28 May

1993 S

1 Er January

1993

Slovenia

July 6

1992 S

25 June

1991

Switzerland

18 May

1966

17 June

1966

Swaziland

October 16

1970 A

15 November

1970

Thailand * *

July 2

1968

1 Er August

1968

Tonga * *

29 June

1971 S

4 June

1970

Trinidad and Tobago

April 11

1966 S

10 September

1964

Ukraine *

12 January

1961

10 September

1964

Venezuela *

August 15

1961

10 September

1964

*

Reservations and declarations.

**

Objections.

Reservations, declarations and objections are not published in the RO. The texts in English and French can be found at the United Nations Internet site: http://untreaty.un.org/ or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.


RO 1966 1003; FF 1965 II 1


1 Art. 1 al. 1 let. A of the AF of 14 Dec. 1965 (RO 1966 999)
2 A version of the updated scope of application is published on the DFAE website (http://www.dfae.admin.ch/traites).


Status April 21, 2010