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1. Except where acts of interference derive from powers conferred by
treaty, a warship which encounters on the high seas a foreign ship, other
than a ship entitled to complete immunity in accordance with articles 95
and 96, is not justified in boarding it unless there is reasonable ground
for suspecting that:
- the ship is engaged in piracy;
- the ship is engaged in the slave trade;
- the ship is engaged in unauthorized broadcasting and the flag State
of the warship has jurisdiction under article 109;
- the ship is without nationality; or
- though flying a foreign flag or refusing to show its flag, the ship
is, in reality, of the same nationality as the warship.
2. In the cases provided for in paragraph 1, the warship may proceed to
verify the ship's right to fly its flag. To this end, it may send a boat
under the command of an officer to the suspected ship. If suspicion remains
after the documents have been checked, it may proceed to a further
examination on board the ship, which must be carried out with all possible
consideration.
3. If the suspicions prove to be unfounded, and provided that the ship
boarded has not committed any act justifying them, it shall be compensated
for any loss or damage that may have been sustained.
4. These provisions apply mutatis mutandis to military aircraft.
5. These provisions also apply to any other duly authorized ships or
aircraft clearly marked and identifiable as being on government service.
1. The hot pursuit of a foreign ship may be undertaken when the competent
authorities of the coastal State have good reason to believe that the ship
has violated the laws and regulations of that State. Such pursuit must be
commenced when the foreign ship or one of its boats is within the internal
waters, the archipelagic waters, the territorial sea or the contiguous zone
of the pursuing State, and may only be continued outside the territorial
sea or the contiguous zone if the pursuit has not been interrupted. It is
not necessary that, at the time when the foreign ship within the
territorial sea or the contiguous zone receives the order to stop, the ship
giving the order should likewise be within the territorial sea or the
contiguous zone. If the foreign ship is within a contiguous zone, as
defined in article 33, the pursuit may only be undertaken if there has been
a violation of the rights for the protection of which the zone was
established.
2. The right of hot pursuit shall apply mutatis mutandis to violations in
the exclusive economic zone or on the continental shelf, including safety
zones around continental shelf installations, of the laws and regulations
of the coastal State applicable in accordance with this Convention to the
exclusive economic zone or the continental shelf, including such safety
zones.
3. The right of hot pursuit ceases as soon as the ship pursued enters the
territorial sea of its own State or of a third State.
4. Hot pursuit is not deemed to have begun unless the pursuing ship has
satisfied itself by such practicable means as may be available that the
ship pursued or one of its boats or other craft working as a team and using
the ship pursued as a mother ship is within the limits of the territorial
sea, or, as the case may be, within the contiguous zone or the exclusive
economic zone or above the continental shelf. The pursuit may only be
commenced after a visual or auditory signal to stop has been given at a
distance which enables it to be seen or heard by the foreign ship.
5. The right of hot pursuit may be exercised only by warships or military
aircraft, or other ships or aircraft clearly marked and identifiable as
being on government service and authorized to that effect.
6. Where hot pursuit is effected by an aircraft:
- the provisions of paragraphs 1 to 4 shall apply mutatis mutandis,
- the aircraft giving the order to stop must itself actively pursue the
ship until a ship or another aircraft of the coastal State, summoned
by the aircraft, arrives to take over the pursuit, unless the
aircraft is itself able to arrest the ship. It does not suffice to
justify an arrest outside the territorial sea that the ship was
merely sighted by the aircraft as an offender or suspected offender,
if it was not both ordered to stop and pursued by the aircraft itself
or other aircraft or ships which continue the pursuit without
interruption.
7. The release of a ship arrested within the jurisdiction of a State and
escorted to a port of that State for the purposes of an inquiry before the
competent authorities may not be claimed solely on the ground that the
ship, in the course of its voyage, was escorted across a portion of the
exclusive economic zone or the high seas, if the circumstances rendered
this necessary.
8. Where a ship has been stopped or arrested outside the territorial sea in
circumstances which do not justify the exercise of the right of hot
pursuit, it shall be compensated for any loss or damage that may have been
thereby sustained.
Article 112
Right to lay submarine cables and pipelines
1. All States are entitled to lay submarine cables and pipelines on the bed
of the high seas beyond the continental shelf.
2. Article 79, paragraph 5, applies to such cables and pipelines.
Article 113
Breaking or injury of a submarine cable or pipeline
Every State shall adopt the laws and regulations necessary to provide that
the breaking or injury by a ship flying its flag or by a person subject to
its jurisdiction of a submarine cable beneath the high seas done wilfully
or through culpable negligence, in such a manner as to be liable to
interrupt or obstruct telegraphic or telephonic communications, and
similarly the breaking or injury of a submarine pipeline or high-voltage
power cable, shall be a punishable offence. This provision shall apply also
to conduct calculated or likely to result in such breaking or injury.
However, it shall not apply to any break or injury caused by persons who
acted merely with the legitimate object of saving their lives or their
ships, after having taken all necessary precautions to avoid such break or
injury .
Article 114
Breaking or injury by owners of a submarine cable or
pipeline of another submarine cable or pipeline
Every State shall adopt the laws and regulations necessary to provide
that, if persons subject to its jurisdiction who are the owners of a
submarine cable or pipeline beneath the high seas, in laying or repairing
that cable or pipeline, cause a break in or injury to another cable or
pipeline, they shall bear the cost of the repairs.
Article 115
Indemnity for loss incurred in avoiding injury to a
submarine cable or pipeline
Every State shall adopt the laws and regulations necessary to ensure that
the owners of ships who can prove that they have sacrificed an anchor, a
net or any other fishing gear, in order to avoid injuring a submarine cable
or pipeline, shall be indemnified by the owner of the cable or pipeline,
provided that the owner of the ship has taken all reasonable precautionary
measures beforehand.
Previous
Convention on the Law of the Sea: Index
Parts:
I -
II -
III -
IV -
V -
VI -
VII -
VIII-IX -
X -
XI -
XII -
XIII -
XIV -
XV -
XVI -
XVII
Annexes:
I -
II -
III -
IV -
V -
VI -
VII -
VIII -
IX
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