International maritime conventions Archives - ONBOARD SOS MEDITERRANEEONBOARD SOS MEDITERRANEE

land-locked, enjoy, subject to the relevant provisions of this Convention, the freedoms referred to in article 87 of navigation and overflight and of the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to these freedoms, such as those associated with the operation of ships, aircraft and submarine cables and pipelines, and compatible with the other provisions of this Convention.

2. Articles 88 to 115 and other pertinent rules of international law

apply to the exclusive economic zone in so far as they are not incompatible with this Part.

3. In exercising their rights and performing their duties under this

Convention in the exclusive economic zone, States shall have due regard to the rights and duties of the coastal State and shall comply with the laws and regulations adopted by the coastal State in accordance with the provisions of this Convention and other rules of international law in so far as they are not incompatible with this Part.

Source: UNCLOS

Article 87: Freedom of the high seas

July 27, 2018 23:20

1. The high seas are open to all States, whether coastal or land-locked.

Freedom of the high seas is exercised under the conditions laid down by this Convention and by other rules of international law. It comprises,

inter alia, both for coastal and land-locked States:

(a) freedom of navigation;

(b) freedom of overflight;

Part VI;

(d) freedom to construct artificial islands and other installations

permitted under international law, subject to Part VI;

(e) freedom of fishing, subject to the conditions laid down in

section 2;

(f) freedom of scientific research, subject to Parts VI and XIII.

2. These freedoms shall be exercised by all States with due regard for

the interests of other States in their exercise of the freedom of the high seas, and also with due regard for the rights under this Convention with respect to activities in the Area.

Source: UNCLOS

Article 33: Contigus zone

July 27, 2018 23:18

1. In a zone contiguous to its territorial sea, described as the contiguous

zone, the coastal State may exercise the control necessary to:

(a) prevent infringement of its customs, fiscal, immigration or

sanitary laws and regulations within its territory or territorial

sea;

(b) punish infringement of the above laws and regulations

committed within its territory or territorial sea.

2. The contiguous zone may not extend beyond 24 nautical miles from

the baselines from which the breadth of the territorial sea is measured.

Source: UNCLOS

Article 28: Civil jurisdiction in relation to foreign ships

July 27, 2018 23:17

1. The coastal State should not stop or divert a foreign ship passing

through the territorial sea for the purpose of exercising civil jurisdiction in relation to a person on board the ship.

2. The coastal State may not levy execution against or arrest the ship

for the purpose of any civil proceedings, save only in respect of obligations or liabilities assumed or incurred by the ship itself in the course or for the purpose of its voyage through the waters of the coastal State.

3. Paragraph 2 is without prejudice to the right of the coastal State, in

accordance with its laws, to levy execution against or to arrest, for the

purpose of any civil proceedings, a foreign ship lying in the territorial sea, or passing through the territorial sea after leaving internal waters.

Source: UNCLOS

Article 27: Criminal jurisdiction on board a foreign ship

July 27, 2018 23:16

1. The criminal jurisdiction of the coastal State should not be exercised

on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed on board the ship during its passage, save only in the following cases:

(a) if the consequences of the crime extend to the coastal State;

(b) if the crime is of a kind to disturb the peace of the country or

the good order of the territorial sea;

the master of the ship or by a diplomatic agent or consular

officer of the flag State; or

(d) if such measures are necessary for the suppression of illicit

traffic in narcotic drugs or psychotropic substances.

2. The above provisions do not affect the right of the coastal State to

take any steps authorized by its laws for the purpose of an arrest or

investigation on board a foreign ship passing through the territorial sea after leaving internal waters.

3. In the cases provided for in paragraphs 1 and 2, the coastal State

shall, if the master so requests, notify a diplomatic agent or consular officer of the flag State before taking any steps, and shall facilitate contact between such agent or officer and the ship’s crew. In cases of emergency this notification may be communicated while the measures are being taken.

4. In considering whether or in what manner an arrest should be made,

the local authorities shall have due regard to the interests of navigation.

5. Except as provided in Part XII or with respect to violations of laws

and regulations adopted in accordance with Part V, the coastal State may not take any steps on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed before the ship entered the territorial sea, if the ship, proceeding from a foreign port, is only passing through the territorial sea without entering internal waters.

Source: UNCLOS

Article 25: Rights of protection of the coastal State

July 27, 2018 23:15

1. The coastal State may take the necessary steps in its territorial sea to

prevent passage which is not innocent.

2. In the case of ships proceeding to internal waters or a call at a port

facility outside internal waters, the coastal State also has the right to take the necessary steps to prevent any breach of the conditions to which admission of those ships to internal waters or such a call is subject.

3. The coastal State may, without discrimination in form or in fact

among foreign ships, suspend temporarily in specified areas of its territorial sea the innocent passage of foreign ships if such suspension is essential for the protection of its security, including weapons exercises. Such suspension shall take effect only after having been duly published.

Source :UNCLOS

Article 24: Duties of the coastal State

July 27, 2018 23:14

1. The coastal State shall not hamper the innocent passage of foreign

ships through the territorial sea except in accordance with this Convention.

In particular, in the application of this Convention or of any laws or

regulations adopted in conformity with this Convention, the coastal State shall not:

(a) impose requirements on foreign ships which have the practical

effect of denying or impairing the right of innocent passage; or

(b) discriminate in form or in fact against the ships of any State or

against ships carrying cargoes to, from or on behalf of any

State.

2. The coastal State shall give appropriate publicity to any danger to

navigation, of which it has knowledge, within its territorial sea.

Source: UNCLOS

Article 3: Breadth of the territorial sea

July 27, 2018 23:12

Every State has the right to establish the breadth of its territorial sea up

to a limit not exceeding 12 nautical miles, measured from baselines

determined in accordance with this Convention.

Source : UNCLOS

Article 18 : Meaning of passage

July 27, 2018 23:10

1. Passage means navigation through the territorial sea for the purpose

of:

(a) traversing that sea without entering internal waters or calling at

a roadstead or port facility outside internal waters; or

(b) proceeding to or from internal waters or a call at such roadstead

or port facility.

2. Passage shall be continuous and expeditious. However, passage

includes stopping and anchoring, but only in so far as the same are incidental to ordinary navigation or are rendered necessary by force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.

Source : UNCLOS

Regulation 7 : Search and Rescue Services

July 27, 2018 21:33

1.	Each Contracting Government undertakes to ensure that necessary arrangements are made for distress communication and co-ordination in their area of responsibility and for the rescue of persons in distress at sea around its coasts. These arrangements shall include the establishment, operation and maintenance of such search and rescue facilities as are deemed practicable and necessary, having regard to the density of the seagoing traffic and the navigational dangers and shall, so far as possible, provide adequate means of locating and rescuing such persons.*
2.	Each Contracting Government undertakes to make available information to the Organization concerning its existing search and rescue facilities and the plans for changes therein, if any.
3.	Passenger ships to which chapter I applies shall have on board a plan for cooperation with appropriate search and rescue services in the event of an emergency. The plan shall be developed in cooperation between the ship, the company, as defined in regulation IX/1 and the search and rescue services. The plan shall include provisions for periodic exercises to be undertaken to test its effectiveness. The plan shall be developed based on the guidelines developed by the Organization.

Regulation 33 : Distress Situations: Obligations and procedures

July 24, 2018 08:53

1.	The master of a ship at sea which is in a position to be able to provide assistance on receiving information from any source that persons are in distress at sea, is bound to proceed with all speed to their assistance, if possible informing them or the search and rescue service that the ship is doing so. This obligation to provide assistance applies regardless of the nationality or status of such persons or the circumstances in which they are found. If the ship receiving the distress alert is unable or, in the special circumstances of the case, considers it unreasonable or unnecessary to proceed to their assistance, the master must enter in the log-book the reason for failing to proceed to the assistance of the persons in distress, taking into account the recommendation of the Organization, to inform the appropriate search and rescue service accordingly.
1.1	Contracting Governments shall co-ordinate and co-operate to ensure that masters of ships providing assistance by embarking persons in distress at sea are released from their obligations with minimum further deviation from the ships’ intended voyage, provided that releasing the master of the ship from the obligations under the current regulation does not further endanger the safety of life at sea. The Contracting Government responsible for the search and rescue region in which such assistance is rendered shall exercise primary responsibility for ensuring such co-ordination and co-operation occurs, so that survivors assisted are disembarked from the assisting ship and delivered to a place of safety, taking into account the particular circumstances of the case and guidelines developed by the Organization. In these cases the relevant Contracting Governments shall arrange for such disembarkation to be effected as soon as reasonably practicable.
2.	The master of a ship in distress or the search and rescue service concerned, after consultation, so far as may be possible, with the masters of ships which answer the distress alert, has the right to requisition one or more of those ships as the master of the ship in distress or the search and rescue service considers best able to render assistance, and it shall be the duty of the master or masters of the ship or ships requisitioned to comply with the requisition by continuing to proceed with all speed to the assistance of persons in distress.
3.	Masters of ships shall be released from the obligation imposed by paragraph 1 on learning that their ships have not been requisitioned and that one or more other ships have been requisitioned and are complying with the requisition. This decision shall, if possible be communicated to the other requisitioned ships and to the search and rescue service.
4.	The master of a ship shall be released from the obligation imposed by paragraph 1 and, if his ship has been requisitioned, from the obligation imposed by paragraph 2 on being informed by the persons in distress or by the search and rescue service or by the master of another ship which has reached such persons that assistance is no longer necessary.
5.	The provisions of this regulation do not prejudice the Convention for the Unification of Certain Rules of Law Relating to Assistance and Salvage at Sea, signed at Brussels on 23 September 1910, particularly the obligation to render assistance imposed by article 11 of that Convention.*
6.	Masters of ships who have embarked persons in distress at sea shall treat them with humanity, within the capabilities and limitations of the ship.

Chapter 4: Operating procedures

July 24, 2018 08:51

4.1 Preparatory measures

4.1.1 Each rescue co-ordination centre and rescue sub-centre shall have available up-to-date information especially concerning search and rescue facilities and available communications relevant to search and rescue operations in its area.

4.1.2 Each rescue co-ordination centre and rescue sub-centre should have ready access to information regarding the position, course, and speed of vessels within its area which may be able to provide assistance to persons, vessels or other craft in distress at sea, and regarding how to contact them. This information should either be kept in the rescue co-ordination centre, or be readily obtainable when necessary.

4.2 Information concerning emergencies

4.2.3 Any authority or element of the search and rescue service having reason to believe that a person, a vessel or other craft is in a state of emergency shall forward as soon as possible all available information to the rescue co-ordination centre or rescue sub-centre concerned.

4.3 Initial action

Any search and rescue unit receiving information of a distress incident shall initially take immediate action if in the position to assist and shall, in any case without delay, notify the rescue co-ordination centre or rescue subcentre in whose area the incident has occurred.

4.7 On-scene co-ordination of search and rescue activities

4.7.1 The activities of search and rescue units and other facilities in search and rescue operations shall be co-ordinated on-scene to ensure most effective results.

4.7.2 When multiple facilities are about to engage in search and rescue operations, and the rescue co-ordination centre or rescue sub-centre considers it necessary, the most capable person should be designated as onscene co-ordinator as early as practicable and preferably before the facilities arrive within the specified area of operation. Specific responsibilities shall be assigned to the on-scene co-ordinator. into account the apparent capabilities of the on-scene co-ordinator and operational

4.7.3 If there is no responsible rescue co-ordination centre or, for any reason, the responsible rescue co-ordination centre is unable to co-ordinate the search and rescue mission, the facilities involved should designate an on-scene co-ordinator by mutual agreement.

SAR Convention (1979) : http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Maritime-Safety-Committee-(MSC)/Documents/MSC.70(69).pdf

Chapter 3: Co-operation between States

July 24, 2018 08:49

3.1.1 Parties shall co-ordinate their search and rescue organizations and should, whenever necessary, co-ordinate search and rescue operations with those of neighbouring States.

3.1.2 Unless otherwise agreed between the States concerned, a Party should authorize, subject to applicable national laws, rules and regulations, immediate entry into or over its territorial sea or territory of rescue units of other Parties solely for the purpose of searching for the position of maritime casualties and rescuing the survivors of such casualties. In such cases, search and rescue operations shall, as far as practicable, be co-ordinated by the appropriate rescue co-ordination centre of the Party which has authorized entry, or such other authority as has been designated by that Party.

3.1.3 Unless otherwise agreed between the States concerned, the authorities of a Party which wishes its rescue units to enter into or over the territorial sea or territory of another Party solely tor the purpose of searching for the position of maritime casualties and rescuing the survivors of such casualties, shall transmit a request, giving full detail, of the projected mission and the need for it, to the rescue co-ordination centre of that other Party. or to such other authority as has been designated by that Party.

3.1.4 The responsible authorities of Parties shall:

.1 immediately acknowledge the receipt of such a request; and
.2 as soon as possible, indicate the conditions, if any, under which the projected mission may be undertaken.

3.1.5 Parties should enter into agreements with neighbouring States setting forth the conditions for entry of each other’s search and rescue units into or over their respective territorial sea or territory. These agreements should also provide for expediting entry of such units with the least possible formalities.

3.1.6 Each Party should authorize its rescue co-ordination centres:
.1 to request from other rescue co-ordination centres such assistance, including vessels, aircraft, personnel or equipment, as may be needed;
.2 to grant any necessary permission for the entry of such vessels, aircraft, personnel or equipment into or over its territorial sea or territory;
.3 to make the necessary arrangements with the appropriate customs, immigration, health or other authorities with a view to expediting such entry; and
.4 to make the necessary arrangements in co-operation with other RCCs to identify the most appropriate place(s) for disembarking persons found in distress at sea.

3.1.7 Each Party shall ensure that its rescue co-ordination centres provide, when requested, assistance to other rescue co-ordination centres, including assistance in the form of vessels, aircraft, personnel or equipment.

3.1.8 Parties should enter into agreements with other States, where appropriate, to strengthen search and rescue co-operation and co-ordination. Parties shall authorize their responsible authority to make operational plans and arrangements for search and rescue co-operation and co-ordination with responsible authorities of other States.

3.1.9 Parties shall co-ordinate and co-operate to ensure that masters of ships providing assistance by embarking persons in distress at sea are released from their obligations with minimum further deviation from the ships´ intended voyage, provided that releasing the master of the ship from these obligations does not further endanger the safety of life at sea. The Party responsible for the search and rescue region in which such assistance is rendered shall exercise primary responsibility for ensuring such co-ordination and co-operation occurs, so that survivors assisted are disembarked from the assisting ship and delivered to a place of safety, taking into account the particular circumstances of the case and guidelines developed by the Organization. In these cases, the relevant Parties shall arrange for such disembarkation to be effected as soon as reasonably practicable.

SAR Convention (1979) : http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Maritime-Safety-Committee-(MSC)/Documents/MSC.70(69).pdf

Chapter 2: Organization and co-ordination

July 24, 2018 08:48

2.1.9 Parties having accepted responsibility to provide search and rescue services for a specified area shall use search and rescue units and other available facilities for providing assistance to a person who is, or appears to be, in distress at sea.

2.1.10 Parties shall ensure that assistance be provided to any person in distress at sea. They shall do regardless of the nationality or status of such a person or the circumstances in which that person is found.

SAR Convention (1979) : http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Maritime-Safety-Committee-(MSC)/Documents/MSC.70(69).pdf

Chapter 1: Terms and definitions

July 24, 2018 08:47

1.3 The terms listed below are used in the annex with the following meanings:

1. Search: An operation, normally co-ordinated by a rescue coordination centre or rescue sub-centre, using available personnel and facilities to locate persons in distress;

2. Rescue: An operation to retrieve persons in distress, provide for their initial medical or other needs, and deliver them to a place of safety;

3. Search and rescue service: The performance of distress monitoring, communication, co-ordination and search and rescue functions, including provision of medical advice, initial medical assistance, or medical evacuation, through the use of public and private resources including co-operating aircraft, vessels and other craft and installations;

4. Search and rescue region: An area of defined dimensions associated with a rescue co-ordination cente within which search and rescue services are provided;

5. Rescue co-ordination centre: A unit responsible for promoting efficient organization of search and rescue services and for coordinating the conduct ofsearch and rescue operations within a search and rescue region;

6. Rescue sub-centre: A unit subordinate to a rescue co-ordination centre established to complement the latter according to particular provisions of the responsible authorities;

7. Search and rescue facility: Any mobile resource, including designated search and rescue units, used to conduct search and rescue operations;

8. Search and rescue unit: A unit composed of trained personnel and provided with equipment suitable for the expeditious conduct of search and rescue operations;

9. Alerting post: Any facility intended to serve as an intermediary between a person reporting an emergency and a rescue coordination centre or rescue sub-centre;

10. Emergency phase: A generic term meaning, as the case may be, uncertainty phase, alert phase or distress phase;

11. Uncertainty phase: A situation wherein uncertainty exists as to the safety of a person, a vessel or other craft;

12. Alert phase: A situation wherein apprehension exists as to the safety of a person, a vessel or other craft:

13. Distress phase: A situation wherein there is a reasonable certainty that a person, a vessel or other craft is threatened by grave and imminent danger and requires immediate assistance;

14. On-scene co-ordinator: A person designated to co-ordinate search and rescue operations within a specified area;

SAR Convention (1979) : http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Maritime-Safety-Committee-(MSC)/Documents/MSC.70(69).pdf

Article 110: Right of visit

July 24, 2018 08:31

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:

a. the ship is engaged in piracy;
b. the ship is engaged in the slave trade;
c. the ship is engaged in unauthorized broadcasting and the flag State of the warship has jurisdiction under article 109;
d. the ship is without nationality; or
e. 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. These provisions also apply to any other duly authorized ships or aircraft clearly marked and identifiable as being on government service.

UNCLOS : http://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf

Article 101: Definition of piracy

July 24, 2018 08:28

Piracy consists of any of the following acts:

a. any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed:
- i. on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;
- ii. against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;
b. any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;

any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).

UNCLOS : http://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf

Article 98: Duty to render assistance

July 24, 2018 08:27

1. Every State shall require the master of a ship flying its flag, in so far as he can do so without serious danger to the ship, the crew or the passengers:

a. to render assistance to any person found at sea in danger of being lost;
b. to proceed with all possible speed to the rescue of persons in distress, if informed of their need of assistance, in so far as such action may reasonably be expected of him;
c. after a collision, to render assistance to the other ship, its crew and its passengers and, where possible, to inform the other ship of the name of his own ship, its port of registry and the nearest port at which it will call.

Every coastal State shall promote the establishment, operation and maintenance of an adequate and effective search and rescue service regarding safety on and over the sea and, where circumstances so require, by way of mutual regional arrangements cooperate with neighbouring States for this purpose.

UNCLOS : http://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf

Article 96: Immunity of ships used only on government non-commercial service

July 24, 2018 08:26

Ships owned or operated by a State and used only on government non-commercial service shall, on the high seas, have complete immunity from the jurisdiction of any State other than the flag State.

UNCLOS : http://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf

Article 95: Immunity of warship on the high seas

July 24, 2018 08:25

Warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State.

UNCLOS : http://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf

Article 18: Meaning of passage

July 24, 2018 08:24

1. Passage means navigation through the territorial sea for the purpose of:

a. traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or
b. proceeding to or from internal waters or a call at such roadstead or port facility.

Passage shall be continuous and expeditious. However, passage includes stopping and anchoring, but only in so far as the same are incidental 31 to ordinary navigation or are rendered necessary by force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.

UNCLOS : http://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf

Article 17 : Right of innocent passage

July 24, 2018 08:21

Subject to this Convention, ships of all States, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea.

UNCLOS : http://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf