International maritime law principles institutions. International maritime law. Concept, principles, sources. Maritime spaces outside the territorial sea

International maritime law - a set of generally recognized norms and principles that determine legal status maritime spaces and regulating relations between states in the process of various types of navigation, operation and use of the seas and oceans in peaceful and war time.

The main principles of modern international maritime law include the following:

1) the principle of peaceful coexistence.

Article 1 of the UN Charter obliges “to maintain international world and security” and “to develop friendly relations among nations”. The operation of this principle is also reflected in the activities of the Navy; it underlies the relationship between warships of different flags in the process of using the seas and oceans in peacetime. Warships are considered in international law as special bodies of their states, acting under the authority of the supreme authority;

2) the principle of respect for state sovereignty. Guided by this principle, warships must strictly respect the maritime boundaries established by states, the width of territorial waters, and the rules for navigation in them. The warships of one state cannot impose their will on the ships of another state;

3) the principle of equality of states. By virtue of the principle of sovereign equality and equal rights of states, any actions in the person of its competent bodies or representatives enjoy immunity. Based on this principle, warships of all flags, as special bodies of their states, have immunity, they have equal rights, and no interference by any bodies or authorities of other states is allowed in their lawful activities;

4) the principle of non-aggression. By virtue of this principle, warships in case of incidents in the oceans should not resort to weapons unless there is an act of armed aggression or a deliberate attack. At the same time, in case of deliberate use of weapons by the opposing side, each warship has the right to self-defense;

5) the principle of peaceful resolution of international disputes. Disputes arising between states and their bodies, for example, warships in the course of their use of maritime spaces, are also subject to settlement by peaceful means;

6) the principle of non-interference in the internal affairs of other states. By virtue of this principle, the warships of one state cannot interfere with the lawful actions of the warships of another state in the oceans. Entering into relations with each other, warships of different flags should not allow actions that would be considered as interference with the actions of ships of another state (for example, during tracking, search, escort).

International maritime law, in addition to general principles, has its own specific principles: the principle of freedom of the high seas; the principle of freedom of navigation; the principle of freedom of aeronautics; the principle of freedom of marine trades; the principle of freedom to lay cables and pipelines; the principle of freedom of scientific research; the principle of establishing territorial waters; the principle of immunity of warships and state courts; the principle of peaceful use of the seabed, etc.

The basic principles of international maritime law are imperative (mandatory) in nature and their action cannot be suspended by states in their relations.

The norms of international law are formed as a result of the foreign policy activities of states. The means of implementing the foreign policy of the state is diplomacy. Commanders of warships while in foreign waters or ashore foreign country, often act as diplomats and, under the leadership of foreign bodies of external relations, carry out foreign policy functions. Persons who maintain official international legal relations and are abroad are diplomatic and consular representatives. And the bodies of external relations are embassies, missions, representative offices and consulates.

Embassies and missions include military, air force and naval attachés. They represent the armed forces of their state in front of the armed forces of the host country and are called upon to help diplomatic representatives with advice and consultations.

Military attaches maintain constant communication between the military departments of both countries, negotiate, including on military supplies, monitor the implementation of these supplies, represent their country at reviews, maneuvers, parades, observe and legally collect the necessary information and information about the armed forces of the country stay. Military attaches instruct military personnel who are on a business trip abroad, who are required to introduce themselves to the military attache and follow his orders. During the war, the allied states exchange special military attaches, who are at the main rates.

Under the joint military commands created on the basis of treaties, there are special military representatives who perform duties in accordance with the existing treaty relations. Military attaches are appointed from among officers with a higher education (military), whose candidacies are proposed by the Minister of War (Minister of Defense), informing the names of the Ministry of Foreign Affairs. The legal status of military attachés varies from country to country. For example, in England, France and Italy they are subordinate to the ambassador and work under his direction. In Finland, Greece, and some Latin American countries, they report directly to the military departments, and only consult with ambassadors. US military attaches work under the direction of the ambassador, but all assignments are received directly from the War Department. In terms of rank, a military attache is usually equated with an embassy (mission) adviser. Military attachés enjoy diplomatic immunity.

The international legal delimitation of maritime spaces applies to: internal sea waters; to territorial waters; to international waters (high seas).

Internal maritime waters are maritime spaces that are part of the territory of a coastal state and are located on the coast side of the baselines from which the breadth of the territorial sea is measured. Inland sea waters include: seas, waters of bays, bays, bays, estuaries; ports; bays and straits historically belonging to this state. The sovereignty of the coastal state extends to internal waters, their legal regime is determined by the coastal state. Navigation and fishing in inland waters are permitted, as a rule, only to citizens and national organizations of the coastal state itself. Only in the interests of international economic cooperation the state allows foreign non-military vessels to certain ports. These ports are called open.

Naval ports and bases are closed to foreign ships. Forced calls can be made to these ports when foreign ships are in distress, or when there are sick people on these ships who need inpatient care. medical care. Under special agreements and as an exception, foreign citizens and their ships may navigate the internal waters of a coastal state. In separate sections of internal sea waters, areas may be established in which the navigation of ships, their parking, and sea fishing are prohibited permanently or temporarily. The establishment of such areas is also announced in Notices to Mariners. These are the so-called no-swimming areas.

For entry into the ports of foreign warships, a permit or notification procedure has been established, with a limitation on the number of ships and the period of stay, except in cases of forced entry and when the head of state (government) or a diplomatic representative accredited in the state that owns the port is on board the warship, but in this case, it is necessary to make the usual call notification. A military ship is exempt from customs inspection and sanitary control. Foreign ships and warships, while in internal sea waters and ports, are subject to the laws and regulations of the coastal state. The internal order on the ship is governed by the laws of the country of the ship's flag, and local authorities have no right to interfere in this order. Warships enjoy complete immunity from foreign jurisdiction: a warship cannot be detained or inspected by foreign authorities, and cannot arrest or search crew members. The procedure for disembarking the personnel of a warship in a foreign port is not regulated by the immigration laws of the coastal state, but by a special agreement government agencies at every call of a warship, and no immigration authorities have the right to exercise control on board the ship. States in their waters supervise radio communications, as a rule, limiting its use in areas where coastal radio stations are located.

The composition of the state territory includes territorial waters - a sea strip of a certain width, passing along the coast and islands. The outer boundary of the territorial sea for a coastal state is its state boundary at sea. characteristic feature regime of territorial waters is the freedom of merchant navigation and the existence of special rules for foreign military navigation, established by the coastal state, with the recognition of the right of all states to carry out peaceful passage through the territorial sea. Foreign ships in innocent passage must comply with all laws and regulations relating to avoiding collisions at sea. The passage must be continuous and fast. It may include stopping and anchoring, but only insofar as they are connected with normal navigation or necessary due to force majeure or distress, or for the purpose of rendering assistance to persons, ships or aircraft in danger or in distress. The passage of a foreign vessel shall be deemed to be in violation of the peace, good order or security of a coastal State if, in the territorial sea, it engages in any of the following activities: the threat or use of force against sovereignty, territorial integrity or the political independence of the coastal state or in any other way in violation of the principles of international law embodied in the UN Charter; any maneuvers or exercises with weapons of any kind; any act aimed at collecting information to the detriment of the defense or security of the coastal state; lifting into the air, landing or taking on board any aircraft (any military device); loading or unloading any goods or currency, embarking or disembarking any person contrary to the customs, fiscal, immigration or health laws and regulations of the coastal state; any act of intentional and serious water pollution; any fishing activity; conducting research or hydrographic activities; any act aimed at interfering with the functioning of any communication systems; any other activity that is not directly related to the passage. In the territorial sea, submarines and other underwater vehicles must navigate on the surface and under their own flag (Articles 19-20 of the 1982 Convention).

Border troops within the territorial waters in relation to non-military ships have the right: to offer to show their flag if it is not raised; to interrogate the vessel about the purpose of entering these waters; offer the ship to change course if it leads to a prohibited area for navigation; stop the vessel and inspect it if it does not raise its flag, does not respond to interrogation signals, does not obey orders to change course; non-military ships can be stopped, searched, detained and delivered (escorted) to the nearest port to clarify the circumstances of the violation with prosecution. The frontier troops have the right to pursue and detain outside the territorial waters a vessel that has violated the rules of navigation (stay) in these waters until the vessel enters the territorial sea of its country or a third state. Pursuit on the high seas is carried out if it was started in territorial waters and was carried out continuously (hot pursuit).

Warships in the territorial sea are immune from the jurisdiction of the coastal state, but if a warship does not comply with the laws and ignores the requirement to comply with them, the coastal state may require it to leave the territorial sea. For damage caused by a warship to a coastal state, the flag state bears international responsibility.

The international straits connecting the seas and oceans are integral parts of the world's waterways (Baltic, Black Sea, Pas de Calais, English Channel, Gibraltar, Singapore, etc.) used for international shipping and air navigation by all states on the basis of equality of all flags. Transit passage is carried out through international straits - the exercise in accordance with the 1982 Convention of freedom of navigation and flight solely for the purpose of continuous and rapid transit through the strait between one part of the high seas or exclusive economic zone and another part of the high seas or exclusive economic zone. Exercising the right of transit passage, military vessels and aircraft, regardless of armament and type of power plant, without delay proceed through the strait or over it; refrain from any threat or use of force; refrain from any activity other than that which is characteristic of their normal procedure for uninterrupted and expeditious transit, unless such activity is caused by force majeure or distress. Military vessels in transit shall comply with generally accepted international rules, procedures and practices relating to maritime safety, including international rules for the prevention of collision at sea, the prevention, reduction and control of pollution from ships.

The states bordering the straits enact laws and regulations, which must be published. The Black Sea straits are open for free passage of merchant ships without any discrimination of flags, but if Turkey participates in a war, then enemy ships are deprived of the right to pass. The 1936 Convention on the Black Sea Straits prohibits the passage to the sea and the presence in it of aircraft carriers and submarines of non-Black Sea states (except for courtesy visits), and also limits the entry into the Black Sea of warships of non-Black Sea countries by duration of stay (no more than 21 days), by tonnage (no more than 45 thousand tons), by number (no more than 9), by caliber of guns (no more than 203 millimeters). The Black Sea states have the right to conduct any warships through the straits, while battleships are carried out singly, accompanied by no more than two destroyers, submarines singly, during daylight hours, on the surface.

The transit passage through the Baltic Straits in peacetime is open to the passage of any ships, including warships of all classes, regardless of the type of propulsion system. There are no restrictions for the passage of warships through the Swedish part of the Baltic Straits; if the passage through the Danish part of the Great Belt and the Sound lasts more than 48 hours or if more than three ships of the same state pass simultaneously, advance notification must be given to the Danish government; for the passage of warships through the Small Belt, advance notice is given 8 days in advance. Submarines pass through the straits only on the surface.

International channels (Suez, Panama, etc.) are artificial structures connecting the seas and oceans, used by all states. Military courts must observe the following principles: respect for the sovereign rights of the state - the owner of the canal and non-interference in its internal affairs; non-use of force or threat of force in resolving disputes regarding the use of the channel; prohibition of hostilities in the canal zone; the possibility of passage for warships and non-military ships of all flags without discrimination; ensuring freedom of navigation and protection of the canal by the forces and means of the state - the owner of the canal; the obligation of the canal user states to comply with international rules and national laws relating to the provision of navigation and safety of navigation, and to pay fees for passage established without discrimination; the inadmissibility of using the channel to the detriment of the interests of peace and international security. A channel should never be blocked; hostilities are not allowed either in the channel and its ports of entry, or within a distance of 3 miles from these ports; in wartime, in the canal and in its ports of entry, belligerents are prohibited from disembarking and taking on warships troops, shells and military supplies; foreign states are categorically forbidden to build military bases in the canal zone and own them, build fortifications and keep warships there; the warships of the belligerents shall have the right to replenish food and supplies in the canal and its ports of entry only in such quantity as will enable them to reach their nearest port. The passage of such ships is carried out in the limit short term and non-stop. Between the departure of warships of different belligerents from one port, an interval of 24 hours must always be observed. Not less than 10 days notice is sent about the expected passage of foreign warships. Warships are allowed into the channel in the first place and follow at the head of the caravan. Permissive procedures for passage have been established for foreign warships. In the canal, warships enjoy complete immunity from the jurisdiction of the state that owns the canal.

Coastal states have: a) an exclusive economic zone - a belt of maritime space located beyond the outer boundary of the territorial sea and adjacent to it, up to 200 miles wide. Here the state has: sovereign rights for the purpose of exploration, development and conservation of natural resources, seabed and in its depths, creation, operation and use of artificial islands, structures; b) the continental shelf is the seabed and its subsoil located beyond the outer boundary of the territorial sea of the coastal state to the outer boundary of the underwater margin of the mainland, the outer boundary of the continental shelf is not further than 350 miles. The rights of a coastal State to the continental shelf do not affect the legal status of the covering waters and the airspace above it. All states have the right to lay submarine cables and pipelines with the consent of the coastal state.

Protection of the interests of the state in the exclusive economic zone and the continental shelf is carried out by Border Service, Navy, air Force. The rights of security officials to stop and inspect foreign ships engaged in permitted activities, to check documents for the right to operate, to prosecute and detain violating ships, as well as to use weapons against violators of the law, are strictly regulated.

All parts of the sea that do not enter either the territorial sea or the internal waters of any state belong to the high seas, which is free for all states, both coastal and landlocked (inland). No state has the right to claim the subordination of any part of the high seas to its sovereignty. The regime of freedom of the high seas includes: a) freedom of navigation; b) freedom of flight; c) freedom to lay submarine cables and pipelines; d) freedom to erect artificial islands and other installations; e) freedom of fishing and trade; f) freedom of scientific research. Each state is obliged to exercise these freedoms, taking into account the requirements of international law and the interests of other states.

Freedom of navigation means that every state, whether coastal or landlocked, has the right to have ships flying its flag on the high seas. Vessels have the nationality of the State whose flag they are entitled to fly and are subject to the exclusive jurisdiction of the State whose flag they fly. In administrative, technical and social matters, the state exercises its jurisdiction and control over ships, the captain and crew, maintains a register of ships, takes measures to ensure the safety of navigation, organizes a qualified investigation of every serious accident or other navigational incident on the high seas involving ship's flag. Criminal or disciplinary proceedings against the master or other crew member may only be brought before the judicial or administrative authorities of the flag State.

Warships, due to the special functions assigned to them by coastal states, are considered in international shipping as specially authorized bodies of states designed to protect their rights and interests not only in the oceans, but also in international communication. Warships on the high seas enjoy complete immunity from the jurisdiction of any state other than the flag state. A feature of warships is that they are part of its armed forces and represent the highest embodiment of the power and dignity of their state. In this sense, the immunity of a warship is an integral part of the sovereignty of the state and means its inviolability, independence from any foreign authorities, except for the authorities of the flag state; the right of a warship to act on behalf of the authorities of its state; be liable for misconduct. By virtue of immunity, a warship, as one of the most important permanently functioning organs of its state, has the right to enter into relations with foreign ships and authorities. In this case, a warship can actively influence the foreign policy position of its state, and therefore is obliged to act within the framework of the norms and principles of international maritime law. By virtue of the immunity of a warship, the crew members on board the ship are protected by the international and national laws of the ship's flag State. Only warships (or specially authorized ships) of the flag state may exercise acts of power or coercion over non-military ships flying the flag of the same state. Foreign warships do not have any rights and powers in relation to the ships of other states, unless this follows from a special agreement. They can only find out the nationality (flag) of the ship, but without the right to check the ship's documents and without the right to inspect this ship. Warships, as well as other ships of all countries, are in the same position on the high seas. None of the states has the right to demand for its courts any privileges, signs of respect or honors unilaterally. Greetings or honors are obligatory only on the basis of reciprocity or by agreement of the parties. Warships have the right: to stop and seize as a prize ships engaged in sea robbery (piracy) or the slave trade; to stop merchant ships if the commander of a warship has reasonable grounds to believe that the merchant ship, although she is flying a foreign flag or refuses to show her flag, actually belongs to the same state as the warship; detain merchant ships flying the flag of the state that owns warships; stop, inspect and take to the port merchant ships that carry the flag of states participating in special international conventions, if the ships violate these conventions (regulating marine fisheries, protection of marine submarine cables, pipelines). Inspection of foreign ships can only be carried out by military personnel under the command of an officer - a member of the crew of a warship.

Warships, in carrying out their tasks of protecting maritime state borders, may use the right of pursuit on an equal footing with border ships. Foreign warships, if they violate state borders or the regime of navigation in coastal sea waters, can be pursued only within the limits of their territorial waters. Outside territorial waters, "hot pursuit" means that: (a) pursuit of a foreign vessel may be undertaken if the competent authorities of the coastal State have reasonable grounds to believe that it has violated the laws and regulations of that State; b) the pursuit must begin when the foreign ship or one of its boats is in the internal or territorial waters or in the contiguous zone of the pursuing state; pursuit may only be commenced after a visual or audible signal has been given to stop at a distance allowing the vessel concerned to see or hear it; c) the pursuit outside the territorial waters or the contiguous zone can only continue if it is continuous; d) the right of pursuit terminates as soon as the pursued vessel enters the territorial waters of another state. The pursuit of an intruder may only be carried out by warships or military aircraft, or by other ships and aircraft in government service and specifically authorized to do so. If a ship has been stopped or detained on the high seas under conditions that do not justify the exercise of the right of pursuit, it must be compensated for damages and losses.

Pursuit must be distinguished from tracking. If pursuit is a strictly regulated action and is used only to protect the rights and legitimate interests of a coastal state in specific conditions, then surveillance is associated with the daily activities of warships in international waters. The main difference between tracking and pursuit is that during tracking, a warship of one state interacts with a warship of another state as an equal with an equal and does not have the right to exercise any power or force in relation to another.

Freedom of navigation on the high seas implies the basic rights of warships: the right to free navigation in any area of the high seas (international waters); the right to carry the flag of their state and the flag of an official; the right to organize a search for foreign warships and non-military ships, to observe and track them; the right to self-defense against armed attack by foreign armed forces; the right to equality and equal conditions in relations with foreign ships and authorities; the right to respect, maintain the dignity and honor of their flag; the right to enter into relations with foreign ships and authorities.

The main duties of warships are: to fight for the freedom of the high seas and strictly comply with the requirements of international legal acts on the regime of the high seas; sail on the high seas only under the flag of their state; strictly observe the maritime borders of foreign states; not interfere with the legitimate activities of foreign warships and non-military ships; in the event of an armed attack (aggression) to protect the ship (and non-military ships of its state), the honor and dignity of the flag by force of arms; not commit acts of aggression; comply with the requirements of maritime ceremonial in relation to foreign warships and the authorities of states with which there are diplomatic relations; render assistance to ships and ships in distress; rescue shipwrecked persons;

Illegal actions on the high seas include: conducting military maneuvers, combat patrols of naval forces on international communications routes and near the coasts of other states; dangerous maneuvering of ships simulating the use of weapons against merchant ships and provoking retaliatory actions by warships of other countries; systematic overflights by military aircraft of merchant ships and threats to use weapons against them; the establishment of a naval blockade along the coasts of individual countries; pollution of the waters of the high seas with radioactive substances and other hazardous waste; violation by warships and vessels of the legal regime of the continental shelf. States strive to create the most favorable conditions for trouble-free navigation, to prohibit their ships from dangerous maneuvering. Commanders of warships are required to avoid undesirable consequences dangerous maneuvering, ensure that the navigational and logbooks keep clear records of commands, maneuvers and actions not only of one's own ship, but also of a foreign warship or vessel. In the event of a collision, the captains draw up an act of damage, or a marine protest - an act on the occurrence of a marine accident, drawn up at the request of the captain of the vessel by a notary office in the port.

Modern principles of rescue and assistance at sea include the following provisions: each state imposes an obligation on the captain of any ship flying its flag to participate in the rescue without seriously endangering the ship, crew or passengers; provide assistance to any person found at sea who is in danger of death; to follow with all possible speed to the aid of the perishing; after a collision, provide assistance to another ship, its crew and its passengers and, as far as possible, inform that other ship of the name of his ship, its port of registration and the nearest port at which it will call; all coastal states should contribute to the organization and maintenance of an appropriate and effective rescue service to ensure safety at sea and over the sea.

When rescuing and providing assistance at sea, the following basic provisions apply: 1) no remuneration is due for rescuing people dying at sea, it is made free of charge, regardless of the consent of the victim. Failure to perform salvage duties when there is no serious danger to one's ship may result in criminal liability; 2) salvage of property and provision of assistance to a ship in distress is carried out for remuneration in the event that its command clearly expresses its consent to this; 3) when providing assistance to a ship in distress, a written document is not required to express the consent of the captain to this, however, if the situation allows, a salvage contract is drawn up before starting work, signed by both parties; 4) remuneration for rendering assistance is not allowed: if the salvor has not achieved a useful result; if only the crew of the ship in danger was involved in the rescue, i.e., assistance was provided to their ship; if rescue became necessary due to a collision of vessels, since these actions are the direct responsibility of the captains (commanders) of the colliding vessels; if the salvor concealed part of the salvaged property; if the ship was towed not in danger. In all cases, the remuneration cannot exceed the value of the salvaged property.

The commander of a warship, having received a distress signal, is obliged to immediately inform his command about it and, having received appropriate instructions, contact by radio (or other means) with the emergency ship, after which maximum speed follow him for help. Upon arrival at the place of the disaster (accident), the captain of the ship finds out the situation and proceeds to rescue operations. If circumstances permit, a written agreement (contract) is drawn up together with the rescued person before the start of rescue work, or this agreement is drawn up after the work is completed. In accordance with the contract, the salvor assumes the obligation to salvage the ship, cargo or other property and deliver it to the place specified in the contract.

especially importance have accurate entries in the watch (or operational) journal of the work manager. It should reflect all the actions of the person being rescued and the hydrometeorological conditions (weather conditions, direction of the current) under which the work was carried out. Judgments about the validity and real necessity of the work performed by the rescuer will largely depend on this, because the latter is of decisive importance in deciding the issue of the rescuer's remuneration. The conditions of navigation require that the entire personnel of a warship take an active part in rescue work. However, special responsibility rests with the ship's commander as a trustee of the state, who is obliged to take the necessary measures to save material assets at reasonable costs and, if necessary, sacrifice less valuables, i.e., in order to avoid losses, more significant - the death of the ship (ship) or valuable cargo - by throwing overboard other cargo, property or ship's supplies to remove the vessel (ship) from the shoal or rescue during a storm.

A warship itself may be in a state of emergency or in dangerous conditions for navigation, such as: shipwreck - an incident resulting in the death or complete structural destruction of a ship (ship); accident - an incident as a result of which the vessel has lost its seaworthiness and a significant amount of time is required to repair the damage. A marine accident also includes damage caused by ships to coastal structures. In the international legal sense, an accident is understood not as a case (incident) itself, but as losses or damage caused to a ship or cargo and associated with the dangers and accidents of navigation.

International law regulates military operations at sea. Thus, the theater of naval war is understood as the waters of the high seas, internal sea waters and territorial waters of the belligerent states, as well as the airspace above them. The use by belligerent states of the high seas for military operations should not create difficulties for neutral states in their use of the high seas for peaceful purposes. The following are excluded from the theater of military operations at sea: internal maritime and territorial waters of neutral states; waters of neutralized territories (the islands of Svalbard, the Aland Islands, etc.); international straits and channels; parts of the World Ocean to which the neutralization regime is extended (the Antarctic region south of 60 ° south latitude under the Antarctic Treaty of December 1, 1959). The theater of military operations at sea, as a rule, is divided into special zones of military operations (defensive; closed to merchant shipping; operational zones; zones of patrol and inspection of ships of neutral states; operational zones of submarines). The norms of international maritime law do not regulate the regime of special maritime zones in the theater of operations and do not establish the limits of the theater of operations in the waters of the oceans.

Military operations at sea can only be carried out by state ships that are part of the navy. Privateering (receiving by a privately owned ship from its state the authority to arm and the right to seize enemy, and sometimes neutral property at sea) is prohibited. Vessels that are intended solely for rendering assistance to the wounded, sick and shipwrecked shall not enjoy the right to conduct hostilities at sea. Hospital ships cannot be attacked and cannot be captured. Emergency ships are also subject to protection and mercy.

In all types of wars (sea, land and air), the prohibited means and methods of conducting military operations include the following: the use of explosive and incendiary projectiles weighing less than 400 grams (St. Petersburg Declaration of 1868); the use of bullets that flatten or unfold in the human body (dum-dum bullets); the use of weapons, projectiles and substances capable of causing suffering (art. 23e of the Hague Rules for War on Land); the use of poisons or poisoned weapons (art. 23a of the Hague Rules); the use of asphyxiating and poisonous gases, liquids, substances, as well as means of bacteriological warfare (Geneva Protocol of July 17, 1925); killing or injuring an enemy who laid down his arms or unarmed, who surrendered to the mercy of the victors (Article 23e of the Hague Rules); announcement that there will be no mercy (no prisoners taken) (Article 23d of the Hague Rules); treacherous murder or injury (art. 23c); shelling of undefended cities and villages, i.e., settlements that do not offer resistance or are not occupied by troops; shelling and destruction of monuments of antiquity, art, science, as well as hospitals, collection points for the wounded and sick, if these buildings are not used for military purposes. These objects must have distinctive signs and special flags; shelling and destruction of sanitary institutions and formations, transports with the wounded and sick, sanitary ships and aircraft, unless they are used for hostile action; plunder of captured enemy cities, arbitrariness and violence against the population (Article 28 of the Hague Rules); destruction or seizure of enemy property, unless this is called for by the urgent demands of war.

One of the most common methods of conducting military operations at sea is a naval blockade - a system of violent actions of the naval forces of a belligerent state (or states), aimed at blocking access from the sea to the coast, which is in the power of the enemy or occupied by him. The sea blockade regime was first regulated in the Declaration of the Rights of Neutral Trade (on Armed Neutrality), proclaimed by Catherine II on February 28, 1780. Most maritime states joined this Declaration. Its main provisions were later enshrined in the Paris Declaration of 1856 on naval war and the 1909 London Declaration on the Law of Naval Warfare. Currently, in addition to these legal acts, the blockade regime is regulated by the provisions of the UN Charter and general principles contemporary international law. Requirements are imposed on the blockade: the blockade must be real, that is, it must actually prevent access to the enemy's coast and ports being blocked; it must be publicly announced by the government of the blockading state, and it is necessary to indicate the date the blockade began, the geographical areas of the blockaded coast, the period given to neutral ships to leave the blocked ports; the announcement of the blockade must be communicated to neutral states through diplomatic channels; in accordance with the Geneva Convention of August 12, 1949 for the protection of civilians in time of war, it is necessary to provide free passage for parcels with medicines, sanitary items, food products, clothing and tonics for children under 15 years of age, pregnant women and women in childbirth, provided that no abuse of this right will be allowed; parties leading civil war, are not entitled to carry out blockade actions outside the territorial waters of their state. According to the London Declaration of 1909, the area of blockading naval forces should not cover the entire space of individual seas; the blockading state is obliged to determine only the geographical areas of the enemy's blockaded coast. Breaking the blockade, i.e., the entry of a vessel into a blockaded port or the exit from a blocked port contrary to the prohibition, as well as an attempt to break through the blockade, entails the confiscation of the ship and cargo.

Based on the requirements of the Hague Convention of 1907, when using mine weapons, the following rules must be observed: mine laying is possible both in one's own coastal waters (internal and territorial) and in enemy waters, as well as in areas of the high seas declared war zones; mines laid by each of the belligerent states should, as far as possible, be under the control of those states; minelaying should not endanger peaceful navigation of neutral states (neutral states should be aware of minelaying in certain areas of the World Ocean); belligerent states do not have the right to lay mines in the waters of neutral states, as well as in the sea waters of neutralized territories; neutral states for the purpose of self-defence have the right to lay mines in their waters, they are obliged to inform other states about this through diplomatic channels; at the end of the war, each of the belligerents is obliged to clear the areas of the sea where it has laid mines, and to inform the other side of the mine laying made in its waters.

According to the IX Hague Convention of 1907, naval forces are prohibited from bombarding undefended cities, villages, dwellings or buildings. The presence of a minefield near the coast is not a reason for bombarding these places. The prohibition does not apply to fortifications, military or naval establishments, storehouses of weapons or military materials, workshops and appliances that can be used for the needs of the enemy fleet or armies, as well as warships in the port. When bombed maritime forces said objects, all necessary measures must be taken to spare, as far as possible, historical monuments, temples, buildings serving the purposes of science, art, hospitals and places where the sick and wounded are gathered, provided that these buildings and places do not simultaneously serve military purposes.

Enemy state and private property (merchant ship and cargo) captured in a naval war, as well as neutral property, if it constitutes military contraband or if a neutral state violates the rules of neutrality, is a prize. Small fishing vessels, coastal vessels, vessels engaged in scientific, religious or philanthropic missions, and vessels that have gone to sea before the outbreak of war and are not aware of it, may not be seized, although the latter may be detained until the end of the war or requisitioned. Enemy ships caught in the war in the ports of the other belligerent are also not subject to capture, but may be detained until the end of the war or requisitioned. The above procedure applies to goods on board these ships. However, a neutral flag exempts enemy cargo from capture, with the exception of military contraband; neutral cargo, even on an enemy ship, is not subject to seizure, with the exception of military contraband; postal correspondence and cultural values are exempted from seizure.

Settlement of disputes in the implementation of agreements between the participating States takes place by peaceful means in accordance with the UN Charter, the 1982 UN Convention on the Law of the Sea, by any peaceful means of their choice. At the same time, it provides for the obligation of the parties to the dispute to begin without delay an exchange of views on a settlement through negotiations or other peaceful means. A State that is a party to a dispute may, in particular, propose to the other party that the dispute be submitted to a court or arbitration for settlement by: a) the International Tribunal for the Law of the Sea; b) International Court of Justice; c) an arbitration established in accordance with Annex VII to the 1982 Convention; d) a special arbitral tribunal established in accordance with Annex VIII to the 1982 Convention.

These special bodies are called upon to ensure the implementation of the provisions of the 1982 Convention in cases where the parties to the dispute have not been able to resolve it by peaceful means agreed upon by them.

The territory of many states, as a rule, consists of land, water, air spaces and subsoil. The legal regime of the constituent parts of the state territory is determined in the constitution, the current legislation of the state and the norms of international law.

The water territory of the state includes rivers, lakes, reservoirs, straits, canals located within its borders, as well as internal sea waters (bays, estuaries, gulfs, port waters, etc.) and territorial waters washing the coast of the state.

The largest body of water ocean(Ancient Greek Ὠκεανός, on behalf of the ancient Greek deity of the Ocean), located among the continents, having a water circulation system and other specific features. The ocean is in constant interaction with the atmosphere and the earth's crust. The surface area of the world's oceans, which includes oceans and seas, is about 71 percent of the Earth's surface.

Water areas have long been used by mankind for geopolitical, economic and military purposes. All this required the adoption of certain international norms, which were formed in the form of international maritime law. For a long time, customs were the only source of international maritime law.

As a branch of law, international maritime law began to take shape in the 15th century. on the basis of separate norms of maritime law, which regulated mainly property relations that developed in the process of maritime trade. Such legal acts as the Basilica, Consolato del Mare, the Laws of Visby, the Oleron Scrolls, which were often called codes, were not sources of international maritime law, they did not regulate the legal regime of maritime spaces, but mainly contained the rules of maritime trade.

International maritime law(public international maritime law) - a set of principles and legal norms that establish the regime of maritime spaces and regulate relations between states on the use of the oceans. Currently, most of the norms of international maritime law are united in the 1982 UN Convention on the Law of the Sea. All other international treaties (including bilateral and regional agreements) containing prescriptions relating to this industry mainly supplement or detail the norms of the Convention. As of May 1, 2011, 162 countries have signed and ratified the convention. (The Russian Federation ratified the convention in 1997).

The world ocean in the life of modern civilization is of great importance and this determines the development of international maritime law. The oceans, which cover over two thirds of the surface of our planet, are a unique absorber of carbon dioxide and a producer of oxygen. Thus, it is, first of all, the most important ecological component of the Earth, on which the existence largely depends. human life in future.

The oceans are currently actively used for the extraction of food resources and minerals, its importance is increasing every year, given that in the near future humanity will face a shortage of hydrocarbons, food and fresh water. It is also the most important communication area used for transportation and implementation international trade.

The subjects of international maritime law are:

1) states;

2) international organizations and bodies endowed by states with certain powers in the field of international maritime law.

The activity of states in the World Ocean has significant features due to the nature marine environment, the legal regime of maritime spaces, the status of ships, warships and other objects of human activity on the seas and oceans. The originality of maritime activity has become the root cause for the formation of special principles governing the activities of states at sea.

Principles of international maritime law:

Freedom of the high seas (Art. 2 of the 1958 High Seas Convention, Art. 87 of the 1982 UN Convention on the Law of the Sea);

Conservation and rational use of marine living resources (art. 117, 119);

c) freedom of marine scientific research (Articles 87, 239, 246, 255 of the 1982 UN Convention);

Marine Environment Protection (Articles 192, 194 of the 1982 UN Convention);

Use of the World Ocean for peaceful purposes (Preamble, Articles 19, 39, 54, 58, 88, 240 and 301 of the 1982 UN Convention);

The principle of the inviolability of borders, the principle of the territorial integrity of states, the principle of peaceful settlement of disputes and other principles enshrined in the UN Charter, in the Declaration on Principles of International Law and in other international legal acts.

The most important principle of international maritime law has become the principle of freedom of the high seas. It means that maritime spaces located outside national borders (outside "national jurisdiction") are common areas on equal and mutually acceptable terms.

For the first time the idea of freedom of the high seas was formulated and substantiated by Hugo Grotius (1583-1645). Other international lawyers and statesmen of the XVIII - XIX centuries. this idea was supported and developed. French scientist and diplomat T. Ortolan, well-known lawyers Higgins and Colombos. A great merit in the formation of this principle belongs to Russia. So, in the embassy order of the Moscow State to the English Queen Elizabeth in response to her proposal to recognize the exclusive rights of England on the White Sea in 1587, it was said: "God's way, ocean-sea, how can you adopt, appease or close." In the Declaration of Armed Neutrality, which was made by Russia in 1780, it was said about the right "to sail freely from one port to another and off the coast of warring nations."

The 1982 UN Convention on the Law of the Sea states: "The high seas are open to all states, both coastal and landlocked" (Article 87). Freedom of the high seas includes: freedom of navigation; freedom of flight; freedom to lay submarine cables and pipelines (subject to the provisions of the Convention); freedom to erect artificial islands and other installations (subject to the provisions of the Convention); freedom of fishing (subject to the conditions set out in the Convention); freedom of scientific research (subject to the conditions set out in the Convention).

The 1982 Convention emphasizes that "all States shall exercise these freedoms with due regard to the interests of other States in the enjoyment of the freedom of the high seas, and also with due regard to the rights provided for by this Convention in respect of activities in the Area" (Art. 87, para. 2).

A special principle of international maritime law is the principle of the sovereignty of states over internal and territorial waters. The main provisions of this principle began to take shape in the XV-XVI centuries. during the struggle of states for the division of the oceans. The rights of states to own the sea began to be limited, a legal norm began to form on the sovereignty of states over coastal waters, which included internal sea waters and territorial waters (territorial sea). In the XVI century. this principle has been recognized as a norm of international custom. It was formalized by convention in 1958 in the Geneva Convention on the Territorial Sea and the Contiguous Zone. In the UN Convention on the Law of the Sea of 1982, the provisions of this principle are formulated as follows:

1. The sovereignty of a coastal State extends beyond its land territory and internal waters, and in the case of an archipelago State, its archipelagic waters, to the adjoining maritime belt called the territorial sea.

2. The said sovereignty extends to the airspace above the territorial sea, as well as to its bottom and subsoil.

3. Sovereignty over the territorial sea shall be exercised subject to this Convention and other rules of international law.

Due to the fact that internal and territorial waters are an integral part of the territory of the state, and the state territory is under its exclusive authority, both of these constituent parts of the territory of the state legally belong to it as a subject of international law.

The principle of state sovereignty over internal and territorial waters is currently not disputed by anyone. In accordance with this principle, each state has the right to establish a national legal regime in internal and territorial waters, to regulate all types of activities in them and on the seabed below them, as well as in the airspace above them.

International legal support for the activities of states is directly related to this principle. Thus, based on the provisions of this principle, states have the right:

Establish the legal regime of maritime state borders and ensure their protection;

Exercise the right to self-defense in accordance with the UN Charter (Article 51 of the Charter) in the event of an armed encroachment on the border;

Create the necessary defense systems in their internal and territorial waters and close them to the navigation of foreign ships;

Regulate and control the passage of foreign ships through these waters, if they pass through them on the right of "innocent passage";

Carry out other activities in accordance with national legislation.

An important principle of international maritime law is principle of immunity of warships and state courts. The main provisions of this principle are derived from the principle of the sovereign equality of states. By virtue of the legal equality of states, their full-fledged bodies are equal in relations with each other. Warships, supply ships and government ships, in exercising their rights, act in accordance with the principle "an equal has no power" ("Par in Parem non habet imperium"). By virtue of immunity, warships and support vessels have special rights and privileges:

They are free from coercion and other violent actions by foreign authorities (detention, arrest, search, confiscation, requisition, etc.);

They are exempt from the administrative, criminal and civil jurisdiction of foreign authorities, they are not subject to foreign laws, except for the laws of the flag state;

They have benefits and privileges as bodies of their states, are exempt from all types of fees, sanitary and customs inspections, etc.

The sources of international maritime law are:

Treaties developed within the framework of the International Maritime Organization and related to ensuring the safety of human life at sea, in particular, to the arrangement of ships and fixed structures for the extraction of marine natural resources;

Conventions governing the prevention of marine pollution from ships, by landfilling and in cases of accidents;

Agreements governing fisheries in various areas of the World Ocean;

Treaties limiting or regulating military use World Ocean and its bottom.

An important source of international maritime law is the UN Convention on the Law of the Sea of 1982, it introduced new elements into the regulation of the activities of states in the oceans:

The status of the International Seabed Area beyond the Continental Shelf and the mode of exploitation of its resources have been determined;

The legal regime of the exclusive economic zone and archipelagic waters has been fixed;

The institution of transit passage of ships through international straits, blocked by territorial waters, was introduced;

Strengthened protection of the marine environment and research in different legal regime parts of the oceans;

A system of peaceful settlement of international disputes has been developed.

International relations in the field of international maritime law are also regulated by:

International Convention for the Safety of Life at Sea, 1974;

International Convention for the Prevention of Pollution from Ships (MARPOL 73/78);

Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972;

International Convention on the Training, Certification and Watchkeeping of Seafarers (London, 7 July 1978).

In addition to multilateral treaties, states conclude local bilateral and multilateral treaties on various issues maritime activities:

Convention on Fisheries and the Conservation of Living Resources in the Baltic Sea and the Belts, 1973;

Convention for the Protection of the Marine Environment of the Baltic Sea Area, 1974;

1980 Northeast Atlantic Fisheries Convention;

Convention for the Protection of Antarctic Marine Living Resources, 1980;

Convention for the Protection of the Black Sea from Pollution, 1992;

Convention for the Protection of the Marine Environment of the Caspian Sea, 2003.

International maritime law

International maritime law(public international maritime law) - a set of principles and legal norms that establish the regime of maritime spaces and regulate relations between states on the use of the oceans. Currently, most of the norms of international maritime law are united in the 1982 UN Convention on the Law of the Sea. All other international treaties (including bilateral and regional agreements) containing prescriptions relating to this industry mainly supplement or detail the norms of the Convention.

Subjects

The subjects of international maritime law are the subjects of international law, i.e. states and international intergovernmental organizations.

Sources

For a long time, custom was the only source of international maritime law.

Currently, the main source of international maritime law is the 1982 UN Convention on the Law of the Sea. International relations in the field of international maritime law are also governed by the following conventions:

the Geneva Conventions of 1958;
International Convention for the Safety of Life at Sea, 1974;
International Convention for the Prevention of Pollution from Ships (MARPOL 73/78);
Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972;
International Convention on the Training, Certification and Watchkeeping of Seafarers, 1978;
Convention on International Regulations for Preventing Collisions at Sea, 1972;
Antarctic Treaty 1959

and many others.

In addition to multilateral agreements, states also conclude local bilateral and multilateral agreements on various issues of maritime activities:

Convention on Fisheries and the Conservation of Living Resources in the Baltic Sea and the Belts, 1973;
Convention for the Protection of the Marine Environment of the Baltic Sea Area, 1974;
1980 Northeast Atlantic Fisheries Convention;
Convention for the Protection of the Black Sea from Pollution, 1992;
Convention for the Protection of Antarctic Marine Living Resources, 1980;
Convention for the Protection of the Marine Environment of the Caspian Sea, 2003.

Principles of international maritime law

The principle of freedom of the high seas

This principle is one of the oldest in international maritime law. The description was given by G. Grotius in his work “Mare liberum”, Mr. Today, according to the UN Convention on the Law of the Sea, he says: “No state can claim the subordination of the high seas or part of it to its sovereignty; it is open to all states - both those with access to the sea and those without it” Art. 89. Freedom of the high seas includes:

freedom of navigation;
freedom of flight;
freedom of laying pipelines and cables;
freedom to erect artificial islands and other installations;
freedom of fishing;
freedom of scientific research;

In addition, it is established that the high seas should be used for peaceful purposes.

The principle of the exclusive jurisdiction of the state over the ships of its flag on the high seas (Article 92 of the Convention on the Law of the Sea)

This principle states that a merchant ship on the high seas is subject to the exclusive jurisdiction of the state of its flag and no one has the right to interfere in its lawful activities, except when:

the vessel is engaged in piracy;
the vessel is engaged in the slave trade;
the ship is engaged in unauthorized broadcasting, i.e., transmits, in violation of international rules, radio and television programs intended for acceptance by the population (with the exception of distress signals). In this case, the ship can be arrested and the equipment can be confiscated:
- ship's flag state;
- state of registration of the broadcasting installation;
- the state of which the broadcaster is a citizen;
- any state where transmissions can be received;
- any State whose authorized communications are interfered with by such broadcasts.
the ship has no nationality (sails without a flag);
the ship is sailing unflagged or under the flag of a foreign country, but in reality has the same nationality as the detaining warship.

The principle of peaceful use of the oceans

The principle of the sovereignty of States over internal maritime waters and the territorial sea

The principle of protecting the marine environment

In other words, the principle of preventing pollution of the marine environment. It was first enshrined in the International Convention for the Prevention of Marine Pollution by Oil of 1954 in the form of the establishment of zones prohibited for the discharge of oil from ships.

The principle of immunity of warships

The principle states that military and other government vessels used for non-commercial purposes have immunity. The limitation to this is the cases when such vessels violate the rules of innocent passage through the territorial waters of a foreign state. The authorities of that state may demand that they immediately leave their territorial waters. And for any damage caused by a warship as a result of violation of the rules of innocent passage, the flag state bears international responsibility.

1982 United Nations Convention on the Law of the Sea

The UN Convention on the Law of the Sea provides for the regulation of the following international legal institutions:

territorial sea and contiguous zone;

Rights of landlocked states

The 1982 UN Convention on the Law of the Sea establishes certain rights for landlocked states, i.e. states that do not have a sea coast:

This is interesting

Notes

Links

F. S. Boytsov, G. G. Ivanov, A. L. Makovsky. "Sea Law" (1985)
International maritime law. Tutorial. Ed. S. A. Gureeva. M, "Legal Literature", 2003
Rise Law of the Sea Documents Database::Law of the Sea

International law

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Population

Wikimedia Foundation. 2010 .

Kozhev, Alexander
Crayfish (dish)

See what "International Maritime Law" is in other dictionaries:

INTERNATIONAL MARINE LAW- see Maritime law. Samoilov K.I. Marine Dictionary. M. L .: State Naval Publishing House of the NKVMF of the USSR, 1941 International maritime law is a system of norms and principles, about ... Marine Dictionary

International maritime law- (English international maritime law) a sub-branch of international law, a system of principles and norms that determine the legal regime of maritime spaces and regulate relations between states arising in connection with the use of the World Ocean, including ... Encyclopedia of Law

INTERNATIONAL MARINE LAW Law Dictionary

INTERNATIONAL MARINE LAW- a set of principles and norms of international law governing relations between states, and so on. international organizations arising from their activities in the use of the seas and oceans and their resources, and, in some cases, ... ... Legal Encyclopedia

international maritime law- aggregate legal principles and the norms governing the relationship of states, international organizations arising in connection with their activities in the use of the seas, oceans and their resources, and in some cases airspace over ... ... Big Law Dictionary

1. International maritime law

1.1 Concept, principles and sources of international maritime law

International maritime law is a set of rules governing international relationships on the use and exploration of maritime spaces and resources, as well as determining their legal status. International maritime law is a branch of public international law.

Over a long period of time, international maritime law developed as customary law. In the future, its codification took place, however, even now the custom in international maritime law plays a significant role. The UN Conference on the Law of the Sea (Geneva) in 1958 adopted the following conventions:

1. Convention on the High Seas.

2. Convention on the Continental Shelf.

3. Convention on the territorial sea and the contiguous zone.

4. Convention on Fisheries and the Protection of the Living Resources of the High Seas.

Work on the codification of international maritime law was continued at the III UN Conference on the Law of the Sea (1973-1982), which ended with the adoption of the UN Convention on the Law of the Sea of December 10, 1982 (signed by more than 150 states).

The Republic of Belarus ratified the Convention by the Law of the Republic of Belarus of July 19, 2006 No. 154-3 “On Ratification of the United Nations Convention on the Law of the Sea and Accession to the Agreement on the Implementation of Part XI of the United Nations Convention on the Law of the Sea of December 10, 1982” with the following statements:

"1. The Republic of Belarus, in accordance with Article 287 of the Convention, accepts, as the main means of settling disputes concerning the interpretation and application of the Convention, arbitration established in accordance with Annex VII. For the settlement of disputes relating to fisheries, protection and conservation of the marine environment, marine scientific research or navigation, including pollution from ships and as a result of dumping, the Republic of Belarus uses a special arbitration established in accordance with Annex VIII. The Republic of Belarus recognizes the competence of the International Tribunal for the Law of the Sea, as provided for in Article 292 of the Convention, with respect to matters relating to the immediate release of detained ships or crews.

2. The Republic of Belarus, in accordance with Article 298 of the Convention, does not adopt binding procedures entailing binding decisions when considering disputes relating to military activities, including the military activities of state ships and aircraft in non-commercial service, or disputes relating to activities to ensure enforcement of laws relating to the exercise of sovereign rights or jurisdiction, and disputes in respect of which the United Nations Security Council exercises the functions assigned to it by the United Nations Charter.”

The sources of international maritime law are:

– International Convention on Search and Rescue at Sea, 1979;

– International Convention for the Safety of Life at Sea, 1974;

– Convention to Facilitate International Maritime Navigation, 1965;

– Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 1988;

– UN Convention on the Carriage of Goods by Sea, 1978;

– Convention on International Rules for Warning

ship collisions at sea 1972

The 1982 UN Convention on the Law of the Sea allows for the following classification of maritime spaces:

1) being part of the territory of the coastal state, falling under its sovereignty (internal waters, territorial sea);

2) falling under the jurisdiction of the coastal state, but not being its territory (exclusive economic zone, continental shelf, contiguous zone);

3) not falling under either the jurisdiction or the sovereignty of the coastal state (high seas).

Principles of international maritime law:

The principle of freedom of the high seas. Formulated by ancient Roman jurists. This principle means that the high seas are in the common use of all states, not being anyone's territory, therefore, does not fall under the sovereignty of any state. The right to free use of the high seas belongs to coastal and landlocked states equally;

The principle of peaceful use of the high seas. This principle follows from the principles of peaceful settlement of international disputes and non-use of force or threat of force. In Art. 88 of the UN Convention on the Law of the Sea stipulates that the high seas are reserved for peaceful purposes;

The principle of the protection of the marine environment. This principle is enshrined in Art. 192 of the UN Convention on the Law of the Sea, according to which states are obliged to protect and preserve the marine environment;

The principle of the common heritage of mankind. This principle means the general equal use of the resources of the seabed and its subsoil on the territory that is not subject to state sovereignty or national jurisdiction;

The principle of freedom of marine scientific research. This principle is enshrined in Art. 87 of the UN Convention on the Law of the Sea and is consistently implemented further in the text of the convention. States and competent international organizations shall encourage and facilitate the development and conduct of marine scientific research. Marine scientific research activities do not create a legal basis for any claim to any part of the marine environment or its resources.

1.2 Legal regime of inland maritime waters

Internal sea waters are those waters located ashore from the baseline of the territorial sea. These waters are under the sovereignty of the coastal state, as they are part of its territory.

Inland sea waters are:

Port waters up to a line that connects permanent port facilities furthest seaward, with the exception of artificial islands and offshore installations;

The waters of bays, estuaries, bays, if their shores belong to one state, up to the line of natural entry, if it does not exceed 24 nautical miles. In case of exceeding - a 24-mile initial straight line is drawn inside the bay;

Historic waters, regardless of the line of natural entry. For example, Hudson Bay in Canada, Peter the Great Bay in Russia, Bristol Bay in the UK;

Waters located ashore from straight baselines from which the breadth of the territorial sea is measured when the coast is deeply indented or located along the coast of a chain of islands.

There is no right of innocent passage in internal maritime waters. The legal regime of these spaces is determined by the legislation of the coastal state, which is binding on non-military courts. As a rule, the coastal state establishes the rules for border, customs, sanitary, phytosanitary, and veterinary control.

Military ships of foreign states in internal maritime waters enjoy extraterritoriality, are not subject to customs inspection, and are not subject to jurisdiction for crimes committed on board. For example, according to paragraph 3 of Art. 5 of the Criminal Code of the Republic of Belarus, persons who have committed a crime on a warship or military aircraft of the Republic of Belarus, regardless of their location, bear criminal responsibility under this code. Based on paragraph 2 of Art. 299 of the Customs Code of the Republic of Belarus, foreign warships (vessels) are exempt from customs inspection. At the same time, foreign warships are required to comply with local laws and regulations while in the internal maritime waters of other states.

Foreign ships enter inland waters, as a rule, by permission or invitation. A coastal state may announce a list of open ports that non-military foreign maritime vessels may enter without permission, regardless of the flag of the vessel. The coastal state also has the right to announce a list of ports closed to the entry of foreign ships. However, a ship in distress may call at any port of the coastal State. In addition, permission is not required if the forced entry is associated with other emergency circumstances: an accident on the ship, the need for urgent medical care, etc.

No fee is charged for entry and stay in the port of foreign ships. Payment can be established only for the services rendered in pilotage, towing, use of port cranes for unloading, loading, etc.

Non-military foreign ships during their stay in internal waters and ports are subject to the jurisdiction of a foreign state.

1.3 Legal regime of the territorial sea

A territorial sea is a maritime area adjacent to a land territory or internal waters, subject to the sovereignty of a coastal State, being its territory. The outer boundary of the territorial sea is the state boundary. The outer limit of the territorial sea is a line, each point of which is from the nearest point of the baseline at a distance equal to the breadth of the territorial sea.

Each State has the right to fix the breadth of its territorial sea up to 12 nautical miles measured from baselines determined in accordance with the following rules:

1) normal baseline - determined by the line of the highest ebb along the coast. Indicated by officially recognized coastal state nautical charts large scale;

2) in the case of islands located on atolls or islands with fringing reefs, the reference line for measuring the breadth of the territorial sea shall be the seaward line of the reef at high tide, as shown by the appropriate symbol on charts officially recognized by the coastal State;

3) in places where the coastline is deeply indented and winding, or where there is a chain of islands along the coast and in its immediate vicinity, the method of straight baselines connecting appropriate points may be used to draw the baseline from which the breadth of the territorial sea is measured.

Where, due to the presence of a delta or other natural conditions, the shoreline is highly unstable, appropriate points can be chosen along the maximum protruding low tide line, and, despite the subsequent retreat of the low tide line, straight baselines remain valid until until they are changed by the coastal state.

When drawing straight baselines, no noticeable deviations from the general direction of the coast are allowed, and the parts of the sea lying on the inner side of these lines must be closely enough connected with the coastal territory so that the regime of inland waters can be extended to them.

Straight baselines are drawn to and from low-tide elevations only if lighthouses or similar structures have been erected on them, always above sea level, or if the drawing of baselines to or from such elevations has received universal international recognition .

The system of straight baselines cannot be applied by a State in such a way that the territorial sea of another State is cut off from the high seas or exclusive economic zone.

Most countries have established a 12-mile territorial sea. USA - 3 nautical miles, Norway - 4 nautical miles, Greece - 6 nautical miles.

The sovereignty of a coastal state extends to the waters, subsoil, seabed, airspace over the territorial sea. The specificity of the legal regime of the territorial sea lies in the presence of the right of innocent passage, the essence of which is as follows.

Military and non-military vessels of all States, whether coastal or landlocked, enjoy the right of innocent passage through the territorial sea. This does not require prior permission from the competent authorities of the coastal state.

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

Cross this sea without entering inland waters or standing in a roadstead or port facility outside inland waters; or

To pass into or out of inland waters, or to stand in such a roadstead or at such a port facility.

The passage must be continuous and fast. However, passage may include stopping and anchoring if they:

Associated with normal swimming,

Necessary due to force majeure or calamity,

Necessary for the purpose of rendering assistance to persons, ships or aircraft in danger or in distress.

The passage is peaceful, unless it violates the peace, good order or security of the coastal state. Such passage must be carried out in accordance with international law.

The passage of a foreign vessel shall be deemed to violate the peace, good order or security of a coastal state if, in the territorial sea, it carries out any of the following activities:

1) the threat or use of force against the sovereignty, territorial integrity or political independence of the coastal state or in any other way in violation of the principles of international law embodied in the Charter of the United Nations;

2) any maneuvers or exercises with weapons of any kind;

3) any act aimed at collecting information to the detriment of the defense or security of the coastal state;

4) any act of propaganda aimed at encroaching on the defense or security of the coastal state;

5) lifting into the air, landing or taking on board any aircraft;

6) lifting into the air, landing or taking on board any military device;

7) loading or unloading of any goods or currency, boarding or disembarking of any person, contrary to the customs, fiscal, immigration or health laws and regulations of the coastal state;

8) any act of intentional and serious pollution;

9) any fishing activity;

10) conducting research or hydrographic activities;

11) any act aimed at interfering with the functioning of any communication systems or any other structures or installations of the coastal State;

12) any other activity that is not directly related to the passage.

The coastal State shall not prevent the peaceful passage of foreign ships through the territorial sea. The coastal State may take in its territorial sea the measures necessary to prevent passage that is not peaceful.

With regard to ships heading for internal waters or using port facilities outside internal waters, the coastal State also has the right to take the necessary measures to prevent any violation of the conditions under which these ships are admitted to internal waters and use port facilities.

A coastal State may, without discrimination in form or substance between foreign ships, temporarily suspend, in certain areas of its territorial sea, the exercise of the right of innocent passage of foreign ships if such suspension is essential to the protection of its security, including the conduct of exercises with the use of weapons. Such suspension shall take effect only after it has been duly published.

A coastal state must not stop a foreign ship passing through the territorial sea or change its course for the purpose of exercising civil jurisdiction over a person on board the ship. The coastal State may impose penalties or arrest against such vessel for any reason. civil case only by obligations or by virtue of responsibility assumed or incurred by that ship during or for its passage through the waters of the coastal State.

If any warship fails to comply with the laws and regulations of a coastal State relating to passage through the territorial sea and disregards any request made to it to comply with them, the coastal State may require it to immediately leave the territorial sea.

The flag State is internationally responsible for any damage or loss suffered by a coastal State as a result of any warship or other government ship operated for non-commercial Purposes failing to comply with the laws and regulations of the coastal State relating to passage through the territorial sea or with international law.

international maritime law

1.4 Legal regime of the high seas

The high seas is a maritime space that is in common and equal use of all states and nations, which is an international territory that does not fall under the sovereignty or jurisdiction of a certain state and is not included in the territorial, inland sea, exclusive economic zone. No state has the right to claim the subordination of any part of the high seas to its sovereignty.

The high seas are open to all states, both coastal and landlocked. Freedom of the high seas includes, in particular, for both coastal and landlocked states:

freedom of navigation;

Freedom of flight;

Freedom to lay submarine cables and pipelines;

Freedom to erect artificial islands and other installations permitted under international law;

Freedom of fishing;

Freedom of scientific research.

All states shall exercise these freedoms with due regard to the interest of other states in enjoying the freedom of the high seas, and also with due regard to the rights provided for by the UN Convention on the Law of the Sea.

Every State, whether coastal or landlocked, has the right to have ships flying its flag on the high seas.

Each state determines the conditions for granting its nationality to ships, the registration of ships in its territory and the right to fly its flag. Vessels have the nationality of the State whose flag they are entitled to fly. There must be a real connection between the state and the vessel. Each state issues appropriate documents to the ships to which it grants the right to fly its flag.

A ship must fly the flag of only one state and is subject to its exclusive jurisdiction on the high seas. A ship may not change her flag while sailing or when she is in port, except in the event of a valid transfer of ownership or change of registration.

A ship flying the flags of two or more states, using them according to convenience, cannot claim recognition of any of the respective nationalities by other states and may be equated with ships without a nationality.

Each State shall effectively exercise, in administrative, technical and social matters, its jurisdiction and control over ships flying its flag.

A State which has clear grounds for believing that proper jurisdiction and control over a ship is not being exercised may report such facts to the flag State. Upon receipt of such a report, the flag State is under an obligation to investigate the matter and, where appropriate, take any action required to remedy the situation.

Each State shall arrange for an investigation by or under the direction of a suitably qualified person or persons or under their direction of any maritime casualty or incident of navigation on the high seas involving a ship flying its flag which has resulted in the death or serious injury or serious damage to the nationals of another State or to the ships or installations of another State. , or the marine environment. The flag State and another State shall cooperate in any investigation conducted by that other State into any such maritime casualty or navigational incident.

Warships on the high seas enjoy complete immunity from the jurisdiction of any state other than the flag state.

Ships owned or operated by a State and in only non-commercial public service enjoy complete immunity on the high seas from the jurisdiction of any State other than the flag State.

In the event of a collision or any other navigational incident with a ship on the high seas, entailing criminal or disciplinary liability of the master or any other "person serving on the ship, criminal or disciplinary proceedings against this person can only be initiated by the judicial or administrative authorities of the state flag or the state of which the person is a citizen.

The arrest or detention of a vessel on the high seas may be ordered by the authorities of the flag State.

The United Nations Convention on the Law of the Sea establishes the obligation to provide assistance on the high seas. Thus, each State imposes a duty on the master of any ship flying its flag, to the extent that the master can do so without seriously endangering the ship, crew or passengers:

1) provide assistance to any person found at sea who is in danger of being killed;

2) proceed with all possible speed to the aid of those in distress, if he is informed that they need assistance, insofar as such action on his part can reasonably be expected;

3) after a collision, provide assistance to another ship, its crew and its passengers and, when possible, inform this other ship of the name of its ship, its port of registration and the nearest port at which it will call.

Piracy means:

(1) any unlawful act of violence, detention, or any robbery committed for private purposes by the crew or passengers of any privately owned ship or privately owned aircraft and directed:

On the high seas against another ship or aircraft or against persons or property on board;

Against any ship or aircraft, persons or property in a place outside the jurisdiction of any State;

2) any act of voluntary participation in the use of any ship or aircraft, done in the knowledge of the circumstances which make the ship or aircraft a pirate ship or aircraft;

3) any act that incites or deliberately facilitates the commission of the acts referred to above.

Pirate acts, as defined above, when committed by a warship, government ship or government aircraft whose crew has mutinied and seized control of that ship, vessel or aircraft, are equated with acts committed by a privately owned vessel or privately owned aircraft.

Capture for piracy may only be carried out by warships or military aircraft, or other ships or aircraft clearly marked externally to be identifiable as being in government service and authorized for that purpose.

The UN Convention on the Law of the Sea establishes the principle of cooperation between states:

In the suppression of the illegal drug trade and psychotropic substances carried out by ships on the high seas in violation of international conventions;

In the suppression of unauthorized broadcasting from the high seas.

Unauthorized broadcasting means the transmission, in contravention of international rules, of radio or television sound programs from a ship or installation on the high seas intended for public reception, excluding, however, the transmission of distress calls.

The United Nations Convention on the Law of the Sea entitles warships that meet a foreign ship on the high seas, with the exception of ships enjoying immunity, to subject it to a search if there are reasonable grounds to suspect that:

This vessel is engaged in piracy;

This vessel is engaged in the slave trade;

This vessel is engaged in unauthorized broadcasting;

This ship has no nationality, or although it has a foreign flag flying or refusing to fly a flag, this ship is in fact the same nationality as this warship.

Interesting from a practical point of view is the “right of hot pursuit” granted by the UN Convention on the Law of the Sea.

Hot pursuit of a foreign vessel may be undertaken if the competent authorities of the coastal State have reasonable grounds to believe that the vessel has violated the laws and regulations of that State. Such pursuit must commence when the foreign ship or one of its boats is in internal waters, archipelagic waters, in the territorial sea or contiguous zone of the pursuing State, and may continue beyond the territorial sea or contiguous zone only provided that it does not is interrupted. It is not required that at the time when a foreign ship navigating in the territorial sea or contiguous zone receives an order to stop, the ship issuing that order was also within the territorial sea or contiguous zone. If a foreign ship is in the contiguous zone, prosecution can only be initiated in connection with a violation of the rights for the protection of which this zone is established.

The right to lay submarine cables and pipelines along the bottom of the high seas outside the continental shelf has been granted to all states.

All states have the right to have their citizens engaged in fishing on the high seas, subject to the rules of the UN Convention on the Law of the Sea.

1.5 Legal regime of the exclusive economic zone and the continental shelf

The exclusive economic zone is the maritime area adjacent to the territorial sea with a width of not more than 200 nautical miles, measured from the same baselines from which the breadth of the territorial sea is measured.

The exclusive economic zone is a territory with a mixed legal regime, since a coastal state and other states are vested with a certain amount of rights in relation to this part of the maritime space.

The rights of the coastal state in the exclusive economic zone can be divided into the following groups:

1) sovereign rights to explore, develop and preserve living and non-living resources in the waters, at the bottom and in the subsoil, to manage these resources,

2) sovereign rights in relation to other types of exploration and development activities in this zone,

3) jurisdiction over the creation of artificial islands, installations and structures, marine scientific research, protection and conservation of the marine environment.

The rights of non-coastal states, including those with no access to the sea at all, are as follows:

1) freedom of navigation,

2) freedom of flight,

3) laying of cables and pipelines along the seabed.

Where a conflict arises between the interests of the coastal State and any other States, that conflict should be resolved on the basis of justice and in the light of all relevant circumstances, bearing in mind the importance of the interests involved for each of the parties, as well as for international community generally.

The coastal state in the exclusive economic zone has the exclusive right to construct, as well as to permit and regulate the creation, operation and use of:

1) artificial islands;

2) installations and structures for economic purposes;

3) installations and structures that may impede the exercise of the rights of the coastal state in the zone.

The Coastal State shall have exclusive jurisdiction over such artificial islands, installations and structures, including jurisdiction over customs, fiscal, sanitary and immigration laws and regulations, as well as laws and regulations relating to safety.

The creation of such artificial islands, installations or structures should be given adequate notice and permanent means of warning of their presence should be kept in good working order. Any abandoned or no longer in use installations or structures should be removed in order to ensure the safety of navigation, taking into account any generally accepted international standards established in this regard by the competent international organization. When removing such installations or structures, due consideration shall also be given to the interests of fisheries, the protection of the marine environment, and the rights and obligations of other States. The depth, location and extent of any installations or structures that have not been completely removed shall be given due notice.

The coastal State may, where necessary, establish reasonable safety zones around such artificial islands, installations and structures in which it may take appropriate measures to ensure the safety of both navigation and the artificial islands, installations and structures.

The width of the safety zones is determined by the coastal state, taking into account applicable international standards. These zones shall be so established as to be reasonably related to the nature and function of the artificial islands, installations or structures and shall not extend around them for more than 500 meters measured from each point on their outer edge, except as permitted by generally accepted international standards or recommended by a competent international organization. The extent of the security zones is given due notice.

The coastal state has the right to determine the allowable catch of living resources in its exclusive economic zone. It has an obligation to ensure, through appropriate conservation and management measures, that the state of living resources in the exclusive economic zone is not endangered by overexploitation.

Transfer and exchange of available scientific information, catch and effort statistics and other data relating to the conservation of fish stocks is envisaged.

Landlocked States shall have the right to participate equitably in the exploitation of an appropriate part of the residual allowable catch of living resources in the exclusive economic zones of coastal States of the same subregion or region, taking into account the relevant economic and geographical circumstances of all States concerned.

The coastal State, in the exercise of its sovereign rights to explore, exploit, conserve and manage living resources in the exclusive economic zone, may take such measures, including search, inspection, arrest and judicial proceedings, as may be necessary to ensure compliance with the laws and regulations adopted by it in accordance with the UN Convention on the Law of the Sea.

The continental shelf of a coastal State is the seabed and subsoil of the submarine areas extending beyond its territorial sea throughout the natural extension of its land territory to the outer limit of the continental margin or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, when the outer boundary of the underwater margin of the continent does not extend to such a distance.

The underwater margin of the continent includes the submerged continuation of the continental mass of the coastal state and consists of the surface and subsoil of the shelf, slope and rise. It does not include the ocean floor at great depths, including its oceanic ridges or its interior.

The coastal State shall establish the outer limit of the continental margin whenever that margin extends more than 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.

In any case, the fixed points that make up the line of the outer limits of the continental shelf on the seabed must be not more than 350 nautical miles from the baselines from which the breadth of the territorial sea is measured, or not more than 100 nautical miles from the 2500-meter isobath, which is the line connecting depths of 2500 meters.

The coastal state exercises sovereign rights over the continental shelf for the purpose of its exploration and development of its natural resources. The sovereignty of these rights lies in the fact that if the coastal state does not explore the continental shelf or exploit its natural resources, no one can do this without the express consent of the coastal state.

The rights of a coastal state to the continental shelf do not depend on its effective or fictitious occupation of the shelf, or on a direct statement about it.

The rights of a coastal state over the continental shelf do not affect the legal status of the covering waters and the airspace above these waters.

The exercise of the rights of a coastal state in relation to the continental shelf must not interfere with the exercise of navigation and other rights and freedoms of other states, or result in any unjustified interference with their exercise.

All states have the right to lay submarine cables and pipelines on the continental shelf. The coastal state has the exclusive right to authorize and regulate drilling operations on the continental shelf for any purpose.

1.6 Legal regulation use of the ocean floor

The legal regime of the ocean floor, which is not under the sovereignty or jurisdiction of a certain state, is enshrined in the UN Convention on the Law of the Sea. This part is referred to in the Convention as the "area". The Area and its resources are the common heritage of mankind. This means that no State or other subject of international law can claim sovereignty or other sovereign rights over any part of the Area or its resources. These restrictions also apply to physical and legal entities.

The resources of the Area may not be alienated, however, if they are extracted, such alienation is permitted.

The Area's resources management International body on the seabed (hereinafter referred to as the Authority), whose members are the states parties to the UN Convention on the Law of the Sea.

Activities in the Area shall be carried out with reasonable regard for other activities in the marine environment.

Facilities used to carry out activities in the Area must meet the following conditions:

1) such installations are erected, installed and removed only in compliance with the rules, regulations and procedures of the Authority. Appropriate notice should be given of the erection, installation and removal of such installations, and permanent means of warning of their presence should be kept in good working order;

2) such installations may not be installed where this may interfere with the use of recognized sea lanes of significant importance for international navigation, or in areas of intensive fishing activity;

3) safety zones with appropriate signs shall be established around such installations to ensure the safety of both navigation and installations. The configuration and location of such security zones should be such that they do not form a belt preventing the lawful access of ships to specific maritime zones or navigation along international sea lanes;

4) such installations are used exclusively for peaceful purposes;

5) such installations do not have the status of islands. They do not have their own territorial sea, and their presence does not affect the delimitation of the territorial sea, the exclusive economic zone or the continental shelf.

Other activities in the marine environment shall take reasonable account of activities in the Area.

Activities in the Area shall be carried out in such a manner as to promote the sound development of the world economy and the balanced growth of international trade and to promote international cooperation for the all-round development of all countries, especially developing States. The purpose of activities in the Area is to ensure:

Development of the resources of the Area;

The orderly, safe and rational use of the resources of the Area, including the effective conduct of activities in the Area and, in accordance with sound principles of resource conservation, the prevention of unnecessary loss;

Expanding opportunities to participate in such activities;

The Authority's participation in revenue and technology transfer;

enhance the ability to obtain minerals from the Area, as needed, along with minerals from other sources, to ensure the supply of such minerals to consumers;

Promoting fair and sustainable, producer-friendly and fair-to-consumer prices for minerals from the Area and from other sources, and promoting a long-term balance between supply and demand;

Enhancing opportunities to participate in the development of the resources of the Area for all States Parties, regardless of their socio-economic systems or geographic location, and to prevent monopolization of activities in the Area;

Protecting developing States from adverse effects on their economies or on their export earnings arising from a reduction in the price of the mineral concerned or a reduction in the volume of exports of that mineral insofar as such reduction or decrease is caused by activities in the Area;

Develop a common heritage for the benefit of all mankind.

1.7 Legal regime of international straits and channels

An international strait is a strait that connects parts of the maritime space and is used for international navigation. A strait is a natural sea passage. The legal regime of such channels is based on the principle of combining the interests of the littoral states and the states using these channels.

Based on the norms of the UN Convention on the Law of the Sea, the legal regime of international straits can be divided into the following types:

1) straits used for navigation between a part of the high seas or an exclusive economic zone and the territorial sea of another state (for example, the Straits of Messina, Straits of Tiran). In such straits, the right of innocent passage operates, the essence of which we have described above;

2) straits used for international navigation between one part of the high seas or exclusive economic zone and another part of the high seas or exclusive economic zone (for example, the Straits of Gibraltar, Malacca). In such straits, the right of transit passage is used, the essence of which is as follows.

Transit passage is the exercise of freedom of navigation and flight solely for the purpose of continuous and rapid transit through the strait between one part of the high seas or exclusive economic zone and another part of the high seas or exclusive economic zone. However, the requirement of continuous and expeditious transit does not exclude passage through the strait for the purpose of entering, leaving or returning from a state bordering the strait, subject to the conditions of entry into such a state.

Vessels and aircraft in exercising the right of transit passage:

Follow without delay through the strait or over it;

Refrain from any threat or use of force against the sovereignty, territorial integrity or political independence of States bordering the Strait, or in any other way in violation of the principles of international law embodied in the Charter of the United Nations;

Refrain from any activity other than that which is characteristic of their normal routine of uninterrupted and expeditious transit, unless such activity is caused by force majeure or calamity.

Vessels in transit:

Comply with generally accepted international rules, procedures and practices relating to maritime safety, including the International Rules for Preventing Collisions at Sea;

Comply with generally accepted international rules, procedures and practices for the prevention, reduction and control of pollution from ships.

Aircraft during transit flight:

Comply with the Rules of the Air established by the International Organization civil aviation as they relate to civil aviation; State aircraft will normally comply with such security measures and operate at all times with due regard to aviation safety;

The radio frequencies allocated by the internationally designated competent air traffic control authority, or the appropriate international frequencies allocated for the transmission of distress signals, are constantly monitored.

During transit passage through the straits, foreign vessels, including maritime research and hydrographic vessels, may not conduct any research or hydrographic surveys without the prior permission of the states bordering the straits.

States bordering the straits may establish sea lanes and prescribe traffic separation schemes for navigation in the straits when necessary to facilitate the safe passage of ships. Such States may, when circumstances so require and after due notice, replace any sea lanes or traffic separation schemes previously established or prescribed by them by other lanes or schemes.

States bordering straits should not obstruct transit passage and should give appropriate warning of any danger they know to navigation in or over the strait. There should be no suspension of transit passage;

3) straits that have a strip of high seas or an exclusive economic zone in the median line (for example, the Taiwan and Korea Straits). In these straits, the right of freedom of navigation applies;

4) straits, the legal regime of which is determined by special international agreements (for example, the Strait of Magellan, the Bosporus, the Dardanelles).

A sea channel is an artificially created sea passage.

Suez Canal - the legal regime is determined by the Constantinople Convention of 1888, which the Egyptian government undertook to comply with after the adoption of the act of nationalization of the Suez Canal. Characteristic is the principle of freedom of use of the sea channel by ships of all nations. In addition, the principles of equality of all states in the use of the canal and the principle of neutrality, the prohibition of the blockade of the canal, are used. The order of navigation through the canal is determined by the Rules for Navigation on the Suez Canal.

Kiel Canal - the legal regime is determined by the Versailles Peace Treaty of 1919 and the Navigation Rules in the Kiel Canal. Merchant ships of all states enjoy freedom of passage after payment of transit fees and receipt of a permit. Warships must obtain permission in advance through diplomatic channels.

The Panama Canal is under the sovereignty of Panama, the legal regime is determined by the Panama Canal Treaty and the Panama Canal Navigation Rules. A special fee is charged for the right to navigate the canal. In the canal zone, only Panama exercises control and defense of the canal, customs, and police services. Panamanian criminal and civil laws apply. The neutrality of the canal and the principle of openness of the canal for the peaceful and equal passage of ships of all countries were proclaimed.

List of sources used

1. Lukashuk I.I. International law. Special part: textbook. for legal fak. and universities / Lukashuk I.I. - 2nd ed., revised. and additional - Moscow: BEK, 2001. - 419 p.

2. Vasilyeva L.A. International Public Law: Course intensive training/ L.A. Vasilyeva, O.A. Bakunovskaya. - Minsk: TetraSystem, 2009. - 256 p.

3. International law: textbook. For universities in the specialty and direction "Jurisprudence" / N.G. Belyaev - 2nd ed., rev. and additional - Moscow: Norma: Ed. House "Infra-M", 2002. - 577 p.

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INTERNATIONAL MARINE LAW

The importance of this branch of modern international law has increased significantly at the beginning of the 21st century, since the use of the World Ocean has become one of the global problems, around the solution of which a sharp struggle unfolded among various groups of states; the activity of states in the development of the World Ocean has intensified, the role of the World Ocean in ensuring peace and international security has increased. In this regard, the role of military fleets in the implementation of the foreign policy of states has increased.

International maritime law - a set of legal norms and principles that determine the legal status of maritime spaces and regulate relations between states in connection with their activities in the waters of the World Ocean.

Further cooperation between states in the development of the World Ocean will largely depend on what kind of international legal order will be maintained here. With the adoption of the UN Convention on the Law of the Sea (1982), this branch of international law has been significantly codified. The Convention regulates all the main types of maritime activities of states: international shipping, fishing and other types of marine fisheries, exploration and development of various areas of the seabed, marine scientific research, protection and preservation of the marine environment, protection of living resources of the sea, construction of artificial islands, installations and structures .

Various aspects of international maritime law, including issues of military navigation, have been studied in the works of domestic international lawyers.

Inland waters - these are waters located ashore from the baseline of territorial waters (UN Convention on the Law of the Sea, Art. 8), they are considered the state territory of the coastal state, which is under its full sovereignty. Inland waters include:

a) water areas of seaports within the limits limited by lines passing through the most prominent permanent port facilities in the sea (Article 11);

b) the waters of the bays, the shores of which belong to one state, and the width of the entrance between the marks of the greatest low tide does not exceed 24 nautical miles (Article 10);

c) the so-called historical bays, for example, Fundy (USA), Hudson (Canada), Bristol (Great Britain), etc. In Russia, historical waters include the bays of Peter the Great, Kola, White Sea, Chesskaya and Pecherskaya bays, the Vilkitsky and Sannikov straits and some other waters.

The legal regime of inland waters is regulated by national legislation, taking into account the norms of international law. The coastal state exercises administrative, civil and criminal jurisdiction over all ships flying any flag in its internal waters, and itself establishes the conditions of navigation. The entry of foreign ships into inland waters is carried out, as a rule, with the permission of this state (usually states publish a list of ports open for the entry of foreign ships). Warships of other States may enter inland waters either by permission or at the invitation of a coastal State. Foreign ships in the internal waters of another state are obliged to comply with the rules of navigation, laws and customs of the coastal state.

Russia, in the spirit of friendship and mutual understanding, seeks to resolve border issues in internal waters with neighboring countries. For example, with Ukraine, similar issues arose in 2002-2003. in the Azov-Black Sea water area (region of the island of Tuzla). The Sea of Azov, which was for a long time under the sovereignty of one state - the USSR, and now two states - the Russian Federation and Ukraine, has been declared historical waters. The fact that these waters have the status of internal, like the Kerch Strait, says Art. 5 of the Agreement on the Russian-Ukrainian State Border dated January 28, 2003. The parties agreed to the joint use Sea of Azov and the Kerch Strait as internal waters of both states. The Kerch Strait is not covered by the UN Convention on the Law of the Sea and is not declared open for freedom of navigation of all countries. It belongs to the category of straits that have the regime of internal waters of two friendly states, used by them under the bilateral Russian-Ukrainian agreement on cooperation in the use of the Sea of \u200b\u200bAzov and the Kerch Strait of December 24, 2003. According to this agreement, the Sea of \u200b\u200bAzov and the Kerch Strait are historically internal waters both states and are divided along the line of the state border (Article 1). Government ships flying the flag of Russia or Ukraine, operated for non-commercial purposes, enjoy freedom of navigation in the Sea of Azov and the Kerch Strait. Vessels flying the flags of third countries also enjoy the right of free passage if they are heading to or returning from a Russian or Ukrainian port. Warships and other government ships of third states may enter the Sea of Azov and pass through the Kerch Strait if they are sent on a visit or a business call to the port of one of the countries at its invitation or permission agreed with the other party to the agreement (Article 2). As necessary, the parties hold consultations on practical issues of cooperation.

In world practice, examples of the regulation of the legal regime of such maritime spaces are known. So, in 1961, Argentina and Uruguay agreed on the La Plata River. Both States have made a statement that they consider this maritime area to be a historic bay in common use. In 1973, they signed an agreement on the legal regime of the bay as a maritime space, which is not delimited, but is in common use in terms of navigation, fishing, other work and other activities. Compliance with this regime is monitored by a mixed administrative commission established by the parties.

Another example is the Gulf of Fonseca, which washes the shores of Nicaragua, Honduras and El Salvador. An agreement has been concluded between the states on the joint use of space and freedom of navigation.

In the Middle East, the Strait of Tiran, leading to the Gulf of Aqaba, washing the shores of Egypt, Saudi Arabia, Jordan and Israel, has long been the subject of armed conflicts between Israel and Egypt. By the 1979 treaty, it was decided that the strait should be opened in accordance with the Geneva Convention on the territorial sea and the contiguous zone (1958) for the free passage of ships of coastal states.

The international legal regime of the Caspian Sea is currently regulated by the Convention and agreements of the Caspian states. The Russian-Azerbaijani agreement on the delimitation of the bottom of adjacent sections of the Caspian Sea (2002) established that the bottom of the Caspian Sea and its subsoil are delimited on the basis of the median line method, drawn taking into account the equidistance of points and modified by agreement of the parties; the geographical coordinates of the delimitation line have been determined. Russia and Azerbaijan exercise their sovereign rights in relation to mineral resources and other legitimate economic activities related to subsoil use at the bottom within their bottom sectors.

By the Russian-Kazakhstan agreement (1998) the bottom of the northern part of the Caspian Sea and its subsoil while maintaining the general use of the water surface, including ensuring freedom of navigation, agreed fishing standards and protection environment, are delimited along the median line, modified on the basis of the principle of justice and the agreement between Russia and Kazakhstan. The passage of the modified median line is determined by reference from points on the coasts of both sides, taking into account islands, geological structures, as well as other special circumstances and geological costs incurred, based on the level of the Caspian Sea on January 1, 1998, equal to minus 27 meters of the Baltic system heights (relative to the Kronstadt footstock). Geographic Description the passage of the specified line and its coordinates is fixed in a separate protocol.

Russia exercises sovereign rights in the Caspian within its part of the bottom, having the exclusive right to joint exploration and development of promising structures and deposits with other Caspian states. The determination of the shares of participation of each of the parties is carried out on the basis of the established world practice, taking into account good neighborly relations. Interaction in matters related to freedom of navigation and flights, laying and use of submarine cables, pipelines, as well as other types of use of the Caspian Sea, is regulated by separate bilateral and multilateral agreements of the Caspian states under the Convention on the Legal Status of the Caspian Sea.

territorial sea is a 12-nautical-mile-wide strip of sea directly adjacent to a land territory or the outer limit of inland waters and subject to the sovereignty of a coastal state. The calculation of the width of territorial waters is made, as a rule, from the “lowest line along the coast” (UN Convention on the Law of the Sea, Art. 5). Where the coastline is deeply indented and tortuous, the breadth of the territorial waters may be measured from straight baselines connecting the respective points. In Russia, in accordance with the law, both methods are used to calculate the width of territorial waters.

The legal regime of the territorial sea has some specifics. It is explained by the fact that, firstly, the coastal state extends its sovereignty to the territorial sea (art. 2); secondly, the courts of all states are recognized the right of innocent passage through a foreign territorial sea. In exercising sovereignty in the territorial sea, the coastal State may make laws and regulations regarding navigation in its territorial sea. The purpose of these acts is to ensure the safety of navigation, protect navigational aids, the living resources of the sea, prevent sea pollution, etc. The state may declare certain areas of the territorial sea closed to navigation, for example, when conducting exercises with the use of weapons (Article 25, paragraph 3).

According to the UN Convention on the Law of the Sea, innocent passage means navigation through the territorial sea for the purpose of:

a) cross it without entering internal waters;

b) pass into inland waters;

c) to leave internal waters for the open sea (art. 18). The passage is peaceful if it does not violate the security of the coastal state (art. 19).

Foreign ships enjoying the right of innocent passage must comply with the laws and customs of the coastal state; comply with navigational, radiotelegraph, port, customs, sanitary, fishing and other rules established by the coastal state.

According to the UN Convention on the Law of the Sea, issues of jurisdiction of a coastal state on board a foreign ship in foreign waters are usually resolved as follows:

? criminal jurisdiction the coastal state may carry out if a crime is committed on the ship, the consequences of which extend to the coastal state; if the crime is of such a nature that it violates the peace in the country or the good order in the territorial waters; if the ship's captain or a diplomatic (consular) representative applied to the local authorities with a request for assistance (Article 27); if necessary to stop the illegal drug trade;

? civil jurisdiction a coastal State may not exercise in respect of a ship passing through its territorial waters. However, it may, in accordance with its laws, impose penalties or arrests on a foreign ship that is anchored in or passing through territorial waters after leaving internal waters; it may claim compensation for damage caused by the vessel during its passage through the territorial waters of the coastal state (for example, in case of damage to signs of navigation, submarine cables or pipelines, fishing nets, etc.).

The UN Convention on the Law of the Sea extends the right of innocent passage to warships. However, the procedure for exercising this right is very diverse: some states require prior permission through diplomatic channels; others - only prior notice; still others permit innocent passage to all warships transiting their territorial waters.

In accordance with national legislation and international customs, warships passing through the territorial waters of foreign states are prohibited from: taking soundings, photographing, combat exercises (firing); use radio transmitters, except for navigational installations; enter restricted areas; launch missiles, launch and take on board aircraft and helicopters.

When passing through the territorial waters or while in the territorial or internal waters of other states, warships enjoy immunity. Warship Immunity - it is a set of rights and privileges of the ship as an organ of the state. At the same time, foreign warships, being in the territorial or internal waters of another state, must not pose a threat to the security of a coastal state. If any warship does not comply with the laws and regulations of the coastal state and ignores any demand addressed to it to comply with them, then the coastal state may require it to immediately leave the territorial waters (Article 30).

The Federal Law "On the Internal Sea Waters, the Territorial Sea and the Contiguous Zone of the Russian Federation" establishes the status and legal regime of the internal sea waters, the territorial sea and the contiguous zone, including the rights of Russia in its internal sea waters, the territorial sea and the contiguous zone and the procedure for their implementation. Inland sea waters include waters:

Ports of the Russian Federation, bounded by a line passing through the points of hydrotechnical and other permanent structures of ports that are the most remote towards the sea;

Bays, bays, bays and estuaries, the coasts of which are wholly owned by the Russian Federation, up to a straight line drawn from coast to coast at the place of the highest ebb, where one or more passages form from the sea for the first time, if the width of each of them does not exceed 24 nautical miles ;

Bays, bays, bays, estuaries, seas and straits (with an entrance width of more than 24 nautical miles), which historically belong to Russia, the list of which is established by the Government of the Russian Federation and published in the publication "Notifications to Mariners".

The legislation of Russia determines the rules for navigation and stay of warships in naval bases and basing points, the conditions for entry, including forced entry, of foreign ships, foreign warships and other government ships into the territorial sea, into internal sea waters and into the seaports of Russia, as well as the rules for the innocent passage of warships. The Fundamentals of the Policy of the Russian Federation in the field of naval activities until 2010, as well as the Maritime Doctrine of the Russian Federation for the period until 2020, are fundamental conceptual documents on which the modern activities of the Russian state as a great maritime power are built.

contiguous zone includes waters adjacent to, and jointly with, territorial waters not exceeding 24 nautical miles in breadth within which the coastal State exercises control necessary: (a) to prevent violations of customs, fiscal, sanitary or immigration laws within its territory or territorial waters; b) to punish violations of the above laws and regulations within its territory or territorial waters (United Nations Convention on the Law of the Sea, art. 33).

In modern international law, the following types of contiguous zones are known:

Customs, established in order to combat smuggling;

Fiscal, established in order to prevent violations of financial rules;

Immigration, designed to monitor compliance with laws regarding the entry and exit of foreigners;

Sanitary, which serves to prevent the spread of epidemics and various infectious diseases across the maritime borders;

Zones of criminal and civil jurisdiction, designed to detain violators for offenses stipulated by the criminal and civil legislation of the coastal state.

The adjacent zones are not part of the state territory. The sovereignty of the coastal state does not apply to them. This distinguishes contiguous zones from the territorial sea. The difference lies in the fact that in the contiguous zone, the coastal state enjoys only limited jurisdiction, extending to the performance of special tasks. If, for example, the contiguous zone is established only for the purpose of customs supervision, then the coastal state is not entitled to exercise sanitary or other control in it.

The contiguous zone refers to the high seas, as it is located outside the territorial waters. The coastal state exercises only purposeful control in it, which distinguishes the contiguous zone from other areas of the high seas.

Economic zone- this is an area located outside the territorial waters and constituting together with them no more than 200 nautical miles. Unlike the territorial sea, which is under the sovereignty of the coastal state and is part of its state territory, economic zones are not under the sovereignty of the coastal state. This is a relatively new category of maritime spaces with a special legal regime, according to which the rights and jurisdiction of the coastal state and the rights and freedoms of other states are governed by the relevant provisions of the UN Convention on the Law of the Sea (Article 55).

The coastal state, not possessing sovereignty in the economic zone, enjoys sovereign rights for the purpose of exploration, development and conservation of natural resources, as well as management of these resources (UN Convention on the Law of the Sea, Art. 56). Other states cannot use the resources of the economic zone without the consent of the coastal state, even if it does not use them itself. Other states enjoy freedom of navigation and flights in the economic zone, laying of submarine cables and pipelines, while taking into account the rights and obligations of the coastal state. The freedom of navigation in the economic zone also applies to warships, since the freedom of navigation is an integral part of the freedom of navigation. In exercising freedom of navigation, states must respect the legal regime of economic zones established by the coastal state and the UN Convention on the Law of the Sea.

The delimitation of the boundaries of the economic zone is carried out on the basis of relevant agreements. For example, the Russian-Lithuanian treaty on the delimitation of the exclusive economic zone and the continental shelf in the Baltic Sea (1997) defined the line of demarcation, which starts from the point of intersection of the external borders of the territorial seas of Russia and Lithuania and runs to the point of intersection with the border of the exclusive economic zone and the continental shelf of the third sides in straight lines (loxodromia). The geographical coordinates of the demarcation line points are calculated in the World Geodetic Coordinate System (1984). If the demarcation line passes through an oil and gas field, then the parties to this agreement regulate all emerging issues on the basis of additional agreements, respecting the rights of each of the states to the natural resources of its exclusive economic zone and continental shelf.

The coastal state in the economic zone permits and regulates the creation, operation and use of artificial islands, installations and structures (UN Convention on the Law of the Sea, art. 60). It has jurisdiction over marine scientific research (art. 246), the results of which are in the public domain (art. 248). Other states or international organizations may conduct such research only with the consent of the coastal state.

The Federal Law "On the Exclusive Economic Zone of the Russian Federation" determines the status of this zone, the sovereign rights and jurisdiction of Russia, and the conditions for operating in it. In the exclusive economic zone, Russia carries out:

Sovereign rights for the purposes of exploration, exploitation, harvesting and conservation of living and non-living resources and management of these resources, as well as in relation to other types of economic exploration and development of the exclusive economic zone;

Sovereign rights for the purpose of exploration of the seabed and its subsoil and the exploitation of mineral and other non-living resources, as well as the exploitation of living organisms belonging to the "sessile species" of the seabed and its subsoil. This activity is carried out in accordance with the laws “On Subsoil”, “On the Continental Shelf of the Russian Federation”, etc.;

The exclusive right to authorize and regulate drilling operations on the seabed and in its subsoil for any purpose;

The exclusive right to construct, as well as authorize and regulate the creation, operation and use of artificial islands, installations and structures. Russia shall exercise jurisdiction over such artificial islands, installations and structures, including jurisdiction over customs, fiscal, sanitary and immigration laws and regulations, as well as laws and regulations relating to security;

Jurisdiction over marine scientific research, protection and conservation of the marine environment from pollution from all sources; laying and operation of submarine cables and pipelines.

Russia exercises sovereign rights and jurisdiction in the exclusive economic zone, guided by its national interests. Our country does not interfere with the implementation of navigation, flights, the exercise of other rights and freedoms of other states, recognized in accordance with the generally recognized principles and norms of international law. The living and non-living resources of the exclusive economic zone are under the jurisdiction of the Russian Federation: the regulation of exploration, development (fishing) of such resources and their protection are within the competence of the Government of the Russian Federation.

Legal regime of the high seas regulates interstate relations in all parts of the sea that are located outside the internal and territorial waters, the economic zone and archipelagic waters and are in free and equal use of all states in accordance with the norms and principles of international law (UN Convention on the Law of the Sea, Art. 86) .

From the point of view of the legal regime, the high seas are considered the territory of res communis, that is, it cannot be under the sovereignty of any state (Article 89). The basis of the legal regime of the high seas is the principle of freedom of the high seas, which includes: freedom of navigation (both merchant and warships); freedom of fishing; freedom of flight over the open sea; freedom to erect artificial islands and other installations; freedom of scientific research (art. 87). The principle of freedom of the high seas does not end there. For example, in modern international maritime law it also includes freedom of navigation. States, using the above-mentioned freedoms, are obliged to respect the legitimate interests of other countries (Article 87).

Naval navigation means the navigation of warships and auxiliary ships of the navy. It differs from merchant shipping in that it is carried out by ships endowed with special rights and obligations, possessing special legal features and properties. Freedom of military navigation, being one of the universally recognized principles of modern international law, must be consistent with other principles, such as the non-use of force, non-interference in the internal affairs of other states, etc.

On the high seas, all ships (including warships) are subject to the exclusive jurisdiction of the flag State. State jurisdiction means that only military or specially authorized ships of the flag state can exercise authority over all their ships. It also means that criminal prosecution of crew members can only be carried out by the authorities of the flag State. In accordance with the UN Convention on the Law of the Sea, warships enjoy complete immunity on the high seas from the jurisdiction of any state other than the flag state (Article 95). Under the Convention, a warship is understood to mean a ship belonging to the armed forces of a state, bearing the external marks of a warship, under the command of an officer who is in the service of the government of that state and whose name is entered in the relevant list of military personnel, having a crew subordinate regular military discipline (art. 29).

Legal status of a warship determined by his immunity from the jurisdiction of a foreign state. The immunity of a warship is derived from the sovereignty of the state and manifests itself in three forms:

Immunity from foreign jurisdiction on the high seas - not subject to the laws of any state other than the flag state;

Immunity from coercion - the prohibition to use measures of coercion and violent actions in any form against warships;

Special benefits and privileges - the release of warships during their stay in foreign waters from customs and sanitary inspection, payment of taxes and fees.

The Convention allows for the possibility of interference by warships in the activities of foreign non-military vessels, if this interference is based on international agreements. Thus, a warship may inspect a merchant ship if there is reason to suspect that this ship is engaged in piracy. According to Art. 100 of the Convention, states have committed themselves to contribute to the full suppression of piracy.

Piracy is a crime committed as:

(a) any unlawful act of violence, detention or robbery committed for private purposes by the crew of a privately owned ship and directed against another ship or against persons and property on it;

b) any act of voluntary participation in the use of any ship, done in the knowledge of the fact that the ship is a pirate ship;

c) any incitement or deliberate assistance to piracy (Article 101).

A warship or aircraft has the right to seize a pirate ship or a pirate aircraft on the high seas, arrest persons on them and seize property; the imposition of penalties and penalties falls within the competence of the state whose ships captured the pirates (Article 105). The Nyon Agreement (1937) recognized as piracy the actions of warships and submarines if these actions were contrary to the most elementary requirements of humanity. In addition, according to Art. 99 of the UN Convention on the Law of the Sea, each state is obliged to take effective measures against the transportation of slaves, including inspection of a foreign merchant ship, verification of the ship's right to its flag.

An exemption from the principle of flag State jurisdiction is permitted under pursuit of a ship on the high seas. The order of prosecution is regulated by Art. 111, according to which a ship that has committed an offense in foreign internal waters, territorial sea, contiguous or economic zone may be prosecuted. The right of prosecution is based on the concept of "hot pursuit", i.e. if the competent authorities of the coastal state have reasonable grounds to believe that the ship has violated laws relating to the regime of internal or territorial waters, economic or contiguous zones. It must begin in the zone whose regime is violated, continue uninterruptedly and be effective; the pursuit must cease as soon as the ship enters its territorial waters or the waters of a third State. National laws apply to the pursuing vessel.

To be distinguished from persecution tracking(observation). The main difference is that during tracking, a warship of one state interacts with a warship of another state as an equal with an equal. Persecution is always connected with the exercise of some kind of power. Tracking can be thought of as a normal daily activities warships. Therefore, there are no special convention norms of international maritime law that would regulate tracking. However, some tracking issues may be the subject of bilateral agreements. Thus, according to the Agreement with the United States on the Prevention of Incidents on the High Seas and in the Airspace Above It (1972), it is established that the ships conducting surveillance of the ships of the other side must not interfere with their actions or endanger the ships being monitored (Art. Ill, item 4). Similar agreements have been concluded by our country and with other states.

Finally, an exception to the principle of flag state jurisdiction is allowed in the suppression of unauthorized broadcasting. If suspicions arise that a ship is engaged in unauthorized broadcasting, a warship can check the ship's rights to its flag and then, if the suspicions turn out to be justified, stop such activity (Article 109).

The UN Convention on the Law of the Sea enshrines the right of inland countries to have access to the sea. According to Art. 125, landlocked States have the right to access to and from the sea for the purpose of exercising the rights provided for in the Convention, including those relating to freedom of the high seas and the common heritage of mankind. To exercise these rights, inland countries enjoy freedom of transit through the territories of transit states by all means of transport (Articles 124-132).

The UN Convention on the Law of the Sea governs the regime of the seabed within the continental shelf.

continental shelf coastal state is the seabed and subsoil of the submarine areas extending beyond the territorial waters of the coastal state at a distance of 200 miles from the baselines from which the breadth of territorial waters is measured (United Nations Convention on the Law of the Sea, art. 76).

Coastal states have sovereign rights to explore and develop the natural resources of the continental shelf. These rights are exclusive: if the coastal state does not develop the continental shelf, then another state cannot do this without its consent (Article 77). Consequently, the sovereign rights of a coastal state to the continental shelf are already the sovereignty of states to territorial waters and their subsoil, which are part of the state territory.

The coastal state has the exclusive right to authorize and regulate drilling operations on the continental shelf (United Nations Convention on the Law of the Sea, art. 81); all states have the right to lay submarine cables and pipelines on the continental shelf in accordance with the provisions of the 1982 Convention (Article 79); the coastal state has the exclusive right to build artificial islands, installations and structures necessary for the exploration and development of the continental shelf (Article 80); it also has the right to authorize, regulate and conduct marine scientific research on its continental shelf; the rights of the coastal state do not affect the legal status of the airspace over these waters and, therefore, do not affect the mode of navigation and air navigation.

The federal laws “On the Continental Shelf of the Russian Federation” and “On Subsoil” determine the status of the shelf, the sovereign rights and jurisdiction of Russia and their implementation in relation to the shelf in accordance with the Constitution and international law. The subject of domestic regulation includes: the study, exploration and development of mineral resources (Law "On Subsoil", Articles 7–9), living resources (Articles 10–15), the creation of artificial structures and the laying of submarine cables and pipelines on the continental shelf ( Articles 16–22), marine scientific research (Articles 23–30), protection and preservation of mineral and living resources, disposal of waste and other materials (Articles 31–39), peculiarities of economic relations in the use of the continental shelf (Article 40 , 41), enforcement Russian legislation.

seabed regime beyond the continental shelf. The Area and its resources are the common heritage of mankind (art. 136); the activities of States in the Area are carried out for the benefit of all mankind (art. 140). The area is open for use exclusively for peaceful purposes (Article 141), in accordance with the principles of the UN Charter, the provisions of the UN Convention on the Law of the Sea, the norms and principles of modern international law (Article 138). No State may claim sovereignty over any part of the Area or its resources (art. 137). Marine scientific research in the Area is also carried out exclusively for peaceful purposes and for the benefit of all mankind (art. 143). The development of the resources of the Area may be undertaken not only by the Authority, but also by sovereign States.

With the intensification of the activities of states in the oceans, there is a need for closer cooperation, including on the issues of rescuing people at sea. The most important center of such cooperation sovereign states advocated by the International Maritime Organization (IMO). Other international organizations involved in ensuring the safety of navigation, prevention of marine pollution, the development of maritime signaling, etc., are the Committee on Maritime Transportation of the UNCTAD Council for Trade and Development, the Intergovernmental Oceanographic Commission of UNESCO, the International Council for the Exploration of the Sea, the International Maritime Committee and etc.

The United Nations Convention on the Law of the Sea also establishes legal regime of international straits. International straits are understood as natural sea constrictions, the passage of ships through which and the passage of aircraft in the airspace are regulated by the norms of international law. According to the legal regime of navigation, the following types of international straits are distinguished: a) straits in which the regime of innocent passage is established; b) straits in which the regime of transit passage is established.

The straits in which the regime of innocent passage is established are divided into two varieties: a) the straits formed by the continental part of the state and an island belonging to the same state (for example, the Strait of Messina in Italy); b) the straits leading from the high seas to the territorial sea of states that are not coastal to these straits (for example, the Strait of Tiran, which connects the Red Sea with the Gulf of Aqaba).

The straits in which it is installed transit passage, there are also two types: a) straits blocked by the territorial waters of coastal states (Gibraltar, Malacca, inter-island straits in the Aegean Sea, etc.); b) straits with a strip of waters of the open sea (for example, the Strait of Pas de Calais). According to the UN Convention on the Law of the Sea, transit passage means the exercise of freedom of navigation for the purpose of continuous and rapid transit (Article 38). When making transit passage, ships and warships are obliged to refrain from any threat or use of force, to observe the generally accepted rules of maritime navigation. The states bordering the strait have extensive rights to regulate transit and innocent passage: they can establish sea lanes and prescribe traffic separation schemes for navigation, enact laws and regulations related to traffic safety, prevention of pollution of the waters of the strait, etc. Such laws and regulations should not be discriminatory.

The regime of the Strait of Gibraltar has its own characteristics. For a long time, the coast of the strait was defined as a British colony in Spain. In 1704, the British captured this Spanish territory, and in 1713, the Treaty of Utrecht secured Gibraltar to Great Britain, who turned the rocky peninsula into a military base that controlled the canal. Executive power in Gibraltar is exercised by the Governor, who is appointed by the English monarch. Spain has repeatedly demanded the return of this territory to her. In 2003, the British and Spanish governments reached an agreement that they would jointly administer Gibraltar. A detailed plan for the division of sovereignty over Gibraltar was developed taking into account the views of its population. Gibraltar retained the British way of life, the British justice system and English language, but the rights to self-government were expanded and border controls on the Spanish border were relaxed.

The regime of the Black Sea straits is regulated by the Convention on the Regime of the Straits (1936). The purpose of the Convention is to streamline the passage and navigation in the straits within the framework that meets the security of Turkey and other Black Sea states. The Convention defines the regime of navigation of merchant ships, warships and the passage of aircraft in peacetime and wartime, as well as in the event of a direct threat to Turkey.

In peacetime, merchant ships of all countries enjoy freedom of navigation and transit in the straits day and night, regardless of flag and cargo, without any formalities, subject to the provisions of mandatory sanitary inspection. To cover the costs associated with the navigation of merchant ships, Turkey has the right to levy a fixed fee (art. 2). The procedure for the passage of warships through the straits and the passage of military aircraft is regulated by Art. 8-22 of the Convention, which provide for clear demarcation of the passage of ships of the Black Sea and non-Black Sea states. Non-Black Sea states can only pass through the straits light surface ships with a displacement of not more than 10 thousand tons, with artillery of a caliber of not more than 203 mm. It follows from this that non-Black Sea states are not entitled to conduct battleships, aircraft carriers and submarines into the Black Sea. Foreign warships are exempt from paying any fees. The convention limits the number, total displacement and time of stay of warships of non-Black Sea states in the straits: they can stay there for no more than 21 days, and their total displacement should not exceed 45 thousand tons (Article 18). The Black Sea powers in peacetime can conduct warships of almost any displacement and with any weapons. They have the right to navigate their submarines through the straits, but only on the surface, by day and alone (Article 12).

For the passage of foreign warships, no special permission is required from Turkey: it is only sent a preliminary notification by the non-Black Sea powers 15 days in advance, by the Black Sea powers 8 days in advance. The Convention regulates in detail the passage of foreign warships through the straits during the war. If Turkey does not participate in the war, then the ships of neutral states can pass through the straits under the same conditions as in peacetime. The warships of the warring states do not have the right to use the straits. When military threat, as well as during the war, when Turkey is a belligerent, the passage of warships depends solely on the decisions of the Turkish government (Article 20).

Control over the implementation of the provisions of the Convention rests with the Government of Turkey. The Black Sea powers are obliged to annually report to Turkey data on the total displacement of the ships of their fleets. The purpose of such messages is to regulate the total tonnage of the fleets of non-Black Sea powers allowed by the Convention, which can simultaneously be in the Black Sea.

The subject of international conventions is also international channel mode- artificial waterways passing through the territory of one state, under its sovereignty and used for international navigation. The regulation of the legal status of such channels is based on the following principles: respect for the sovereignty of the state through which the channel passes; non-use of force or threat of force in resolving all issues related to the channel; freedom of navigation of non-military ships and warships without any discrimination; the inadmissibility of using the channel to the detriment of international security.

The regime of the Suez Canal is determined by the Constantinople Convention of 1888 and the legislative acts of Egypt, according to which the canal is open both in peacetime and in wartime to non-military ships and warships of all countries. Notification of the passage of warships is sent to the Egyptian Ministry of Foreign Affairs at least 10 days before the date of their arrival. In time of war, no hostile action is allowed either within the canal or within 3 miles of its ports of entry; belligerents are prohibited from disembarking and taking on board troops, unloading and taking on board ammunition and other military materials. Warships of the belligerents must pass through the canal without delay and not linger in the ports of Suez and Port Said for more than 24 hours. The right to blockade cannot be applied to the channel.

The regime of the Panama Canal is governed by the 1903 treaty with Panama, under which the United States acquired the right to own the canal and the Panama Canal zone. In 1977, new treaties were signed between the United States and Panama, which became important step on the way to the restoration of Panama's sovereignty over the territory of the canal: a) the Panama Canal Treaty and additional agreements detailing some of its provisions; b) Treaty on the permanent neutrality of the Panama Canal and its management, Protocol to the Treaty, several appendices. In accordance with these agreements, the US right to own the Panama Canal zone was liquidated, and the American authorities in charge of the operation of the canal were abolished. Panama has regained 70 percent of the land and water areas previously owned by the United States; in 2000, the canal completely came under the sovereignty of Panama, and it assumed the implementation of police, judicial, customs and other functions, and the criminal and civil legislation of Panama was extended to the canal zone. However, the US retained the primary responsibility for the defense of the canal.

The Canal Neutrality Treaty grants the right to use the canal to ships of all countries, both in peacetime and in wartime, on an equal basis (Art. Ill), however, the United States has achieved the inclusion in this agreement of the right to “quick and unconditional passage of American warships through the canal” (Art. IV). Canal neutrality is guaranteed only by Panama and the United States, which narrows the scope of this neutrality.

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