International maritime law - a set of norms of international law that regulate relations between its subjects in the process of activity in the space of the seas and oceans.

International maritime law is an organic part of the general international law: it is guided by the instructions of the latter on subjects, sources, principles, the law of international treaties, responsibility, etc., and is also interconnected and interacts with its other branches (international air law, law, space law, etc.).

Of course, the subjects of international law, when carrying out their activities in the World Ocean, affecting the rights and obligations of other subjects of international law, must act not only in accordance with the norms and principles of international maritime law, but also with the norms and principles of international law in general, including the UN Charter , in the interest of maintaining international peace and security, development international cooperation and mutual understanding.

The international maritime law is characterized by the following principles:

The principle of freedom high seas- all states can use the high seas on an equal basis. This principle includes freedom of navigation, including military navigation, freedom of fishing, scientific research etc., as well as freedom of air

The principle of the peaceful use of the sea - reflects the principle of non-use of force;

The principle of the common heritage of mankind;

Principle rational use and conservation of marine resources;

Principle of protection marine environment.

The codification of international maritime law was first carried out only in 1958 in Geneva by the I UN Conference on the Law of the Sea, which approved four Conventions: on the territorial sea and the contiguous zone; about the open sea; on the continental shelf; on fishing and protection of living resources of the sea. These conventions are still valid for the states participating in them. The provisions of these conventions, to the extent that they declare universally recognized norms of international law, in particular international customs, must be respected by other states as well.

But shortly after the adoption of the 1958 Geneva Conventions on the Law of the Sea, new factors historical development, in particular, the emergence in the early 60s of a large number of independent developing states, required the creation of a new maritime law that would meet the interests of these states. These changes were reflected in the 1982 UN Convention on the Law of the Sea, which established the 12-mile limit of the territorial sea as a universally recognized one. Previously, the limit of the territorial sea was set from 3 to 12 miles. The new convention secured the right of states that do not have a sea coast to operate economic zone within 200 miles on a par with states that have access to the coast.


In addition to these conventions, issues of international maritime law are reflected in:

Convention for the Safety of Life at Sea, 1960;

Convention on International Regulations for the Prevention of Collisions at Sea, 1972;

International Convention for the Prevention of Marine Pollution by Oil, 1954;

Load Line Conventions 1966

Concept and legal regime:

a) internal sea waters, "historical" waters;

b) the territorial sea;

c) adjacent zone;

d) exclusive economic zone;

e) open sea;

f) continental shelf;

g) the area of ​​the seabed outside the continental shelf.

Internal waters are the state territory of the coastal state, which is under its full sovereignty. The legal regime of such waters is established by the coastal state, taking into account the norms of international law; it also exercises administrative, civil and criminal jurisdiction in its waters over all ships flying any flag and establishes the conditions of navigation. The order of entry of foreign vessels is determined by the coastal state (usually the states publish a list of ports open for the entry of foreign vessels).

The sea belt located along the coast, as well as outside inland waters, is called territorial sea or territorial waters. They are subject to the sovereignty of the coastal state. The outer boundary of the territorial sea is the maritime boundary of the coastal State. The normal baseline for measuring the breadth of the territorial sea is the low tide line along the coast: The method of straight baselines connecting appropriate points may also be used.

According to the 1982 Convention, “every state has the right to fix the breadth of its territorial sea up to a limit not exceeding 12 nautical miles”, measured from the baselines established by it. However, even now about 20 states have a width that exceeds the limit.

Conventions 1958 and 1982 provide for the right of innocent passage through the territorial sea of ​​foreign ships (as opposed to the internal sea). However, the coastal State is entitled to take all measures in its territorial sea to prevent passage that is not peaceful.

The spaces of the seas and oceans, which are outside the territorial sea and are not part of the territory of any of the states, have traditionally been called the high seas. Despite the different legal status of the spaces included in the high seas, the sovereignty of the state does not extend to any of them.

The main principle in relation to the high seas remains the principle of freedom of the high seas, which is currently understood not only as the freedom of navigation, but also as the freedom to lay underwater telegraph and telephone cables along the bottom, freedom to fish, freedom to fly over the sea, etc. None the state does not have the right to claim the subordination of the spaces that make up the high seas to its sovereignty.

From a geological point of view, the continental shelf is understood as the submerged position of the mainland (continent) towards the sea before its abrupt break or transition into the continental slope. From an international legal point of view, the continental shelf of a coastal state is understood as a natural extension of the land territory to the outer border of the underwater margin of the mainland or up to 200 miles, if the boundaries of the underwater margin of the mainland do not reach this limit. The shelf includes the bottom and subsoil. First of all, considerations of an economic nature (corals, sponges, mineral deposits, etc.) are taken into account.

The delimitation of the continental shelf between two opposite states is based on the principle of equal separation and consideration of special circumstances. Coastal states have sovereign rights to explore and develop it natural resources. These rights are exclusive in the event that if a state does not develop the continental shelf, then another state cannot do this without its consent. 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; construct artificial islands, installations and structures necessary for the exploration and development of the continental shelf; authorize, regulate and conduct marine scientific research. All states (not just coastal ones) have the right to lay submarine cables and pipelines on the continental shelf in accordance with the provisions of the 1982 Convention.

At the same time, the rights of the coastal state do not affect the legal status of the covering waters and the air space above these waters and, therefore, do not affect the regime of navigation and air navigation in any way.

Exclusive economic zone - an area adjacent to the territorial sea with a width of not more than 200 miles, for which international law has established a special legal regime. The breadth is measured from the same lines as the breadth of the territorial sea. The rights of the state within the economic zone relate to the exploration, development and conservation of both living and non-living resources, both in the waters and at the bottom and in its depths. The coastal state has the right to manage economic activities in the zone.

Thus, within the economic zone, states have limited sovereignty. This sovereignty gives the coastal state the right to detain and inspect foreign vessels engaged in illegal activities within the economic zone. However, they can extend full sovereignty to artificial islands within the economic zone. A 500-meter security zone could be established around these islands. At the same time, artificial islands cannot have their own continental shelf and territorial sea.

The international seabed area is the seabed and its subsoil located outside the exclusive economic zones and the continental shelf of coastal states. Its resources were declared by the 1982 Convention to be the “common heritage of mankind”. At the same time, the area is open for exploitation exclusively for peaceful purposes. In accordance with this Convention, an International Seabed Authority is to be established, which will exercise control over the extraction of resources.

The principal organs of the International Seabed Authority are the Assembly, the 36-member Council elected by the Assemblies, and the Secretariat. The Council has the power to establish and carry out specific policies on any question or problem in the activities of the International Authority. Half of its members are elected in accordance with the principles of equitable geographical representation, the other half - for other reasons: from developing countries with special interests; from importing countries; from countries extracting similar resources on land, etc.

The Convention states that the financial and economic benefits derived from activities in the international area should be distributed on the basis of the principle of equity, with particular regard to the interests and needs of developing States and peoples who have not yet achieved full independence or other status of self-government. Such a distribution of income derived from activities in the international area will not require the direct or mandatory participation in these activities of unprepared developing States.

Defining the legal status of the International Seabed Area, the Convention states that “no State may claim or exercise sovereignty or sovereign rights over any part of the area or its resources, and no State, natural or legal person may take any part of them."

The extraction of resources in the International Seabed Area will be carried out by the International Authority itself through its enterprise, as well as "in association with the International Authority" by the States Parties to the Convention, or state enterprises, or natural or legal persons having the citizenship of the participating States or being under the effective control of these states, if the latter have vouched for these persons. Such a system of developing the resources of the region, in which, along with the enterprise of the International Authority, participating States and other subjects of the internal law of these States may participate, has been called parallel.

Policies relating to activities in the area should be carried out by the International Authority in such a way as to promote increased participation in the development of resources by all States, regardless of their socio-economic systems or geographical location and prevent monopolization of activities on the seabed.

The general conduct of states and their activities in the International Seabed Area, along with the provisions of the Convention, are governed by the principles of the UN Charter and other norms of international law in the interests of maintaining peace and security, promoting international cooperation and understanding.

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 on 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 treaties, states also 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;
  • NE Fisheries Convention Atlantic Ocean 1980;
  • 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
General provisions
Legal personality
Territory
legal regime
acquisition
Population

Wikimedia Foundation. 2010 .

  • Kozhev, Alexander
  • Crayfish (dish)

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    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

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International maritime law: concept, sources and principles

International maritime law is a set of norms of international law that regulate relations between its subjects in the process of activities in the space of the seas and oceans.

International maritime law is an organic part of general international law: it is guided by the latter's prescriptions on subjects, sources, principles, the law of international treaties, liability, etc., and is also interconnected and interacts with its other branches (international air law, law, space law, etc.). d.). Of course, the subjects of international law, when carrying out their activities in the World Ocean, affecting the rights and obligations of other subjects of international law, must act not only in accordance with the norms and principles of international maritime law, but also with the norms and principles of international law in general, including the UN Charter , in the interests of maintaining international peace and security, developing international cooperation and mutual understanding.

The international maritime law is characterized by the following principles:

the principle of freedom of the high seas - all states can use the high seas on an equal basis. This principle includes freedom of navigation, including military navigation, freedom of fishing, scientific research, etc., as well as freedom of air

the principle of the peaceful use of the sea - reflects the principle of the non-use of force;

the principle of the common heritage of mankind;

the principle of rational use and conservation of marine resources;

principle of marine environment protection.

The codification of international maritime law was first carried out only in 1958 in Geneva by the I UN Conference on the Law of the Sea, which approved four Conventions: on the territorial sea and the contiguous zone; about the open sea; on the continental shelf; on fishing and protection of living resources of the sea. These conventions are still valid for the states participating in them. The provisions of these conventions, to the extent that they declare universally recognized norms of international law, in particular international customs, must be respected by other states as well. But soon after the adoption of the Geneva Conventions on the Law of the Sea in 1958, new factors of historical development, in particular the emergence of a large number of independent developing states in the early 1960s, required the creation of a new maritime law that would meet the interests of these states. These changes were reflected in the 1982 UN Convention on the Law of the Sea, which established the 12-mile limit of the territorial sea as a universally recognized one. Previously, the limit of the territorial sea was set from 3 to 12 miles. The new convention secured the right of states without a sea coast to exploit an economic zone within 200 miles on an equal footing with states with access to the coast.

In addition to these conventions, issues of international maritime law are reflected in:

Convention for the Safety of Life at Sea, 1960;

Convention on International Regulations for the Prevention of Collisions at Sea, 1972;

International Convention for the Prevention of Marine Pollution by Oil, 1954;

Load Line Conventions 1966

Question 75 domestic sea ​​waters. Legal regime of ports

Internal maritime waters are waters located ashore from the baseline of territorial waters (Article 8 of the UN Convention on the Law of the Sea). Inland waters also 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 (England), etc. In the Russian Federation, historical waters include the bays of Peter the Great, Kola, Azov and White Sea, Chesskaya and Pecherskaya bays, the Vilkitsky and Sannikov straits and some other waters.

Internal maritime waters are the state territory of the coastal state and are under its sovereignty. The legal regime of such waters is regulated by national legislation, taking into account the norms of international law. The coastal State shall exercise in its internal waters administrative, civil and criminal jurisdiction over all ships flying any flag. It itself establishes the conditions of navigation. The entry of foreign vessels is carried out, as a rule, with the permission of this state (usually the states publish a list of ports open for the entry of foreign vessels). 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.

The legal regime of seaports as part of inland sea waters is mainly regulated by the rules national law. However, in order to create favorable conditions for merchant shipping, coastal states exercise their sovereign power in ports, taking into account the established world practice aimed at facilitating the procedure for entering ports and staying in them for foreign non-military ships.

The entry into the port and stay in it of foreign ships give rise to a certain system of legal relations between the ship, its administration, ship crew and ship owners with the port administration and local authorities, which covers the following types of control and services:

sanitary, border (or immigration), customs and port control (port supervision for the safety of navigation), investigation of accidents and offenses;

provision of berths, cranes, tugboats, lighters, warehouses, land vehicles;

providing all kinds of material and technical and food supply;

carrying out the necessary repairs;

collection of the necessary fees, both of a fiscal nature, and for the services actually provided to the vessel.

The following port dues may be set at the seaport:

1) ship; 2) canal; 3) icebreaking; 4) pilot; 5) lighthouse; 6) navigation; 7) mooring; 8) ecological.

Port formalities and provision of services are carried out on a common basis, without any discrimination.

For scientific research ships, ships with nuclear power plants, as well as for merchant ships not loading or unloading cargo, boarding or disembarking passengers at the port of call, the legislation of some countries requires either prior permission to enter or advance notification of entry sent by through diplomatic channels. According to the legislation of the Russian Federation, foreign warships and other government ships operated for non-commercial purposes may call at the seaports of the Russian Federation with prior permission requested through diplomatic channels no later than 30 days before the date of the intended entry.

The criminal, civil and administrative jurisdiction of the port state extends to foreign ships and the crew members and passengers on board during their stay in seaports.

When entering a foreign port, a ship must comply with the laws, rules and regulations of the coastal state regarding:

ensuring the safety of navigation and regulation of vessel traffic; assistance and rescue; the use of radio communications; protection of navigation aids, equipment and structures, submarine cables and pipelines; conducting marine scientific research; use and protection of marine natural resources.

Foreign ships must comply with:

border, customs, tax (fiscal), sanitary, immigration, veterinary, phytosanitary, navigation and other rules;

rules established for seaports;

the current rules for entry to seaports, stay in them and departure from them of foreign citizens.

The departure of a foreign vessel from the seaport of the Russian Federation is carried out only with the permission of the seaport captain in agreement with the border and customs authorities.

Question 76 legal regime of the high seas. Exceptions to the principle of the jurisdiction of the ship's flag in the waters of the high seas.

The high seas are the seas that are not included in the territorial or inland seas of coastal states. In it, freedoms are exercised on a non-discriminatory basis for the following purposes: navigation, fishing, laying cables, pipelines, overflight of aircraft, scientific research. Inland countries also use the open sea. Ships and aircraft are subject only to the jurisdiction of the flag state.

A warship can only stop a ship flying its own national flag, or a foreign ship in the event of piracy or the slave trade. Similar actions may apply to ships without nationality or engaged in unauthorized broadcasting. Claims against military courts are made through diplomatic channels.

The legal regime of the high seas recognizes the special rights of states in relation to archipelagic waters, the exclusive economic zone and the continental shelf, as defined in the 1982 Convention on the Law of the Sea.

The trouble, however, is that although the 1982 Convention entered into force, a number of problems of maritime law were resolved in it quite generally, many customs have not lost their significance. Thus, it turns out that, with all the appearance of codification, the law of the sea is still customary law. This means that states reserve the right to interpret its unclear provisions. But this mainly concerns only new phenomena of international life - the way of exploiting the adjacent economic zone and access to the maritime wealth of states that do not have access to the sea. There is another difficult problem - the exploitation of the mineral resources of the seabed, but it is still in potency, since the bulk of the participants in international communication have not grown up to the ability to work on the seabed. Even Russia, for completely incomprehensible reasons, suspended its "offensive" to the bottom of the oceans.

However, the lack of regulation of legal relations in maritime spaces obviously puts the convening of the IV UN Conference on the Law of the Sea on the agenda.

Rescue of people at sea is carried out free of charge without the consent of the captain of the ship in distress. But the salvation of property - with his consent and for a fee.

The economic activity of states on the high seas is carried out in accordance with international conventions: on fishing; whaling; for shooting seals and fur seals; Conservation of the Living Resources of Antarctica. Such activities should follow the norms of the conventions on combating marine pollution. And by the way, the 1982 Convention on the Law of the Sea pays a lot of attention to these issues - environmental issues. Row environmental conventions concluded at the regional level (Mediterranean Sea, Baltic, Black Sea, etc.).

Exceptions (exceptions) from the principle of the flag of a ship on the high seas: if there is reason to believe that the ship is engaged in: - piracy, - transport of slaves, - illegal transport of narcotic drugs and psychotropic substances, - illegal radio and / or television broadcasting, - illegal transport of nuclear materials.

In this case, it is possible to stop and inspect the vessel on suspicion of committing the indicated acts, and if the information is confirmed, then the military vessel forwards the arrested vessel to its port of registry, i.e. registration of a warship, the question of the responsibility of the crew of the arrested ship is decided according to the legislation of the state whose warship made the arrest.

In the event that the information is engaged in illegal activities, but the crew does not allow the vessel to be inspected, hot pursuit is carried out.

It is carried out by a naval vessel, begins either in the territorial waters or on the high seas, is carried out on the high seas and ends at the moment the pursued vessel enters the territorial waters of a foreign state.

Legal regime of international tides and channels. Legal regime of the Suez and Panama Canals

law maritime international

The legal regime of international straits and international channels - waterways that can traditionally be used for international navigation - is distinguished by a certain specificity. Straits of Gibraltar, Black Sea, Baltic, Singapore, English Channel, Pas de Calais and a number of others are used most intensively for the purpose of international shipping. Some straits are entirely under the jurisdiction of one state (Messina, Korea, Sannikov), but their legal regime as a whole complies with international legal norms.

According to the UN Convention on the Law of the Sea of ​​1982, the legal status of the waters that make up the international straits is characterized by the sovereignty and jurisdiction of the respective coastal state. At the same time, the special significance of the straits for the implementation of maritime navigation led to the consolidation of such an institution as the right of transit passage, which is a kind of international legal easement - the ability to use foreign territory.

In 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, all ships enjoy the right of transit passage. Transit passage is the exercise of freedom of navigation for the purpose of continuous and rapid transit through the strait, as well as for passage through the strait for the purpose of entering, leaving or returning from the state bordering the strait. When exercising the right of transit passage, ships are required to:

Proceed without delay through the strait;

Refrain from any threat or use of force against sovereignty, territorial integrity or the political independence of the states bordering the strait;

Refrain from any activity other than normal transit, unless such activity is caused by force majeure or calamity;

Comply with generally accepted international rules regarding maritime safety;

Comply with generally recognized international rules regarding the prevention, reduction and control of pollution from ships;

Refrain from conducting any research or hydrographic surveys without the prior permission of the states bordering the straits.

The states bordering the straits may establish sea lanes and traffic separation schemes for transit passage in order to ensure the safety of international navigation. Such corridors and schemes must first be submitted for approval to the competent international organization (IMO). In addition, states bordering the straits have the right to enact laws and regulations regarding transit passage. Such laws and regulations may regulate the safety of navigation, the control of pollution from ships, the prevention of fishing, loading or unloading of any goods in contravention of the laws of the State concerned. These acts must not be of a discriminatory nature and must be publicly and properly published in advance. In case of non-compliance by a foreign ship with the rules for the implementation of transit passage, the flag state of the ship bears international legal responsibility.

States bordering straits should not obstruct transit passage and should give appropriate notice of any danger to navigation in the strait known to them. The right of transit passage cannot be suspended.

Instead of the right of transit passage, the legal regime of individual straits may include the right of innocent passage characteristic of the status of a territorial sea. The right of innocent passage applies to the straits formed by the island and the continental part of the coastal state, as well as to the straits between the part of the high seas (exclusive economic zone) and the territorial sea of ​​the coastal state. A feature of the right of innocent passage through such straits (as opposed to innocent passage through the territorial sea) is that it cannot be suspended.

Finally, the 1982 Convention does not affect the legal regime of the straits, the passage of which is regulated in whole or in part by existing and in force international conventions that apply specifically to such straits. In particular, a special legal regime has been established in the Black Sea, Baltic straits, Magellan and the Straits of Gibraltar.

The legal regime of the Black Sea straits (Dardanelles, Bosphorus, Sea of ​​Marmara) is established by the 1936 Straits Convention. The order of navigation in the Baltic Straits (Sund, Great Belt and Small Belt) is provided for by the national legislation of the coastal states (Denmark and Sweden), as well as some rules of the International Maritime Organization (IMO). The legal regime of the Strait of Magellan is governed by an agreement between Argentina and Chile, concluded on July 23, 1881. Navigational use of the Strait of Gibraltar is carried out on the basis of an agreement between England, France and Spain in 1907. By general rule, enshrined in all these agreements, in the straits used for international navigation, freedom of navigation is established for all ships, regardless of flag. However, with regard to the Black Sea Straits given right may be limited in time of war if Türkiye is a belligerent. In addition, the 1936 Convention limits the total number and tonnage of ships of non-Black Sea states simultaneously in the straits. Currently, the regime of navigation in the Black Sea Straits is actually controlled by Turkey, a number of legislative acts of which (Regulations on the order of maritime navigation of 1994 and 1998) significantly restrict the freedom of transit passage. A number of international agreements and internal acts provide for a notification procedure for passage through international straits. So, to pass through the Strait of Magellan, it is necessary to inform the maritime authorities of Chile at least 12 hours before entering the strait. A feature of navigation in some straits (for example, in the Baltic and Magellanic) is the mandatory pilotage of certain categories of ships. As a rule, pilotage of all ships on paid basis carried out by certified specialists of coastal states. The states bordering the strait cannot collect any fees and duties from foreign ships, except for fees for specific services rendered (sanitary, rescue, lighthouse, pilotage). Some international straits (Gibraltar, Magellan) have been declared demilitarized zones and cannot be used for military purposes.

Maritime navigation in all listed international straits is carried out in accordance with the rules and recommendations approved by the International Maritime Organization (IMO).

International channels are, unlike straits, artificially created shipping routes. A feature of the channels is their passage through the land territory of a state. Consequently, any channel is automatically under the sovereignty and jurisdiction of the respective state and the legal regime of the channel is in principle governed by national legislation. However, in practice, the legal regime of channels important for international navigation is often established by international agreements. At present, the most important artificial shipping routes are the Suez, Panama and Kiel Canals.

One of the channels used for international shipping is the Suez Canal located in Egypt. The Suez Canal connects the Mediterranean Sea with the Red Sea, its total length is 161 kilometers. To date, the procedure and conditions for using the canal are regulated, firstly, by the internal laws of Egypt, and secondly, by the Constantinople Convention on ensuring free navigation through the Suez Canal of October 29, 1888. This Convention was signed by nine states, later seven more countries joined it.

The Suez Canal is open and free for all vessels (not more than 64 meters wide), regardless of the flag. At the same time, military actions, blockade, construction of foreign military bases and any actions that violate the inviolability of the channel, its material part are prohibited in the canal. According to the Convention, warships of the parties in case of war have the right to be supplied with provisions and stores in the canal and ports of entry only to the extent of strict necessity, and their passage through the canal must be made at the very short term and non-stop. The Convention (Article 12) also enshrines the principle of equality of the participating States in everything related to the use of the canal. Ensuring security and maintaining public order in the Suez Canal is the responsibility of the Egyptian authorities, and specifically the Suez Canal Administration. The administration has been running the canal since 1957, when the canal was nationalized by the Egyptian state. The authority of the Administration includes issuing special rules for navigation on the canal, providing pilotage, investigating all incidents related to navigation, etc. Navigation on the Suez Canal is carried out on the basis of a traffic control system adopted by the Egyptian authorities in 1980. When passing through the canal, a notification procedure applies: the captain of the vessel is obliged to register it by notifying the Administration at least four days before entering the canal. The rules of navigation on the Suez Canal require mandatory pilotage.

Another canal of international importance passes through the territory of Panama - the Panama Canal. It connects the Atlantic and Pacific Oceans, its length is about 82 kilometers. Until 2000, the management, operation and maintenance of the canal, including the issuance of special rules of navigation and the collection of fees for the use of the canal, were carried out by the United States of America. However, under the 1977 Panama Canal Treaty between Panama and the United States, on January 1, 2000, the management of the canal was transferred to the Panamanian authorities.

On September 7, 1977, the United States and Panama also signed an agreement on the permanent neutrality and operation of the Panama Canal. The legal regime of the canal is characterized by permanent neutrality, as well as freedom of peaceful passage of all ships on the basis of the equality of flags both in peace and in peace. war time. According to article 2 of the Convention, Panama shall ensure that the canal remains safe and open for peaceful transit of ships of all States on conditions of full equality and absence of any kind of discrimination. Special duties and fees are charged for passage through the canal, however, mandatory pilotage is carried out free of charge. The Convention, in particular, establishes that fees and other types of fees for transit and ancillary services must be reasonable, reasonable, fair and consistent with the principles of international law. The Convention stipulates the right to require ships, as a precondition for transit, to determine financial liability and guarantee payment of compensation for damage resulting from acts or omissions of ships when passing through the canal. These compensations must comply with international practice and norms.

The Kiel Canal, built in 1895 by Germany and passing through its territory, was originally completely under the sovereignty of the German state. However, after the defeat of Germany in the First World War, the victorious powers did not miss the opportunity to include in the Treaty of Versailles provisions for an international regime for navigation through the Kiel Canal. Currently, the canal is open for navigation by ships of all states, but a fee established by German law is charged for this. The canal navigation rules are also set by internal German legislation.

In general, the specificity of the legal regime of international channels is the possibility of their unhindered operation by all interested states without any discrimination. International channels are considered in the doctrine of international law as a "public road", the use of which is essential for freedom of international communications. Therefore, the sovereignty of the state through whose territory an international channel passes is, as a rule, limited by the right of innocent passage. At the same time, the conditions for the exercise of this right are established by the legislation of the relevant state. The trend of the present is the expansion of the administrative powers of the states through whose territory international channels pass.

The concept of an international dispute and classification

An international dispute involves the existence of mutual claims between the parties. A dispute exists if one party makes a complaint against the other party, and that other party rejects the complaint. An international dispute has the following main characteristics: specific participants, fairly clear mutual claims, a specific subject matter of the dispute.

Permanent Court international justice (Judicial authority under the League of Nations) in one of its first decisions gave the following definition to an international dispute - "disagreement on a question of law or facts, contradiction, opposition of legal arguments or interests of the parties."

International disputes can be classified on various grounds: the object of the dispute, the subject of the dispute, the degree of danger to the international world, the geography of distribution (global, regional, local), the number of subjects (bilateral or multilateral), the types of subjects (interstate or a dispute involving an international organizations).

The UN Charter also distinguishes between two categories of disputes: legal disputes and all others. The Statute of the International Court of Justice of the United Nations referred to legal disputes issues relating to: interpretation of the treaty; any question of international law; existence of a fact which, if established, would constitute a violation international obligation; the nature and extent of the reparation due for the breach of an international obligation.

There are two main types of international disputes: dispute and situation.

A dispute is a set of mutual claims of subjects of international law on unresolved issues relating to their rights and interests, interpretation of international treaties.

The situation is understood as a set of circumstances of a subjective nature that caused friction between the subjects out of connection with the specific subject of the dispute. Thus, in a situation where there is no dispute yet, but there are prerequisites for its occurrence; a situation is a state of potential dispute.

The unifying feature of the dispute and the situation is the clash of interests of states. There are two types of disputes and situations:

1) disputes and situations that threaten international peace and security;

2) disputes and situations that do not threaten international peace and security.

In accordance with Art. 33 of the UN Charter, parties to a dispute the continuation of which could threaten the maintenance of international peace and security must, above all, endeavor to resolve it through negotiation, mediation, conciliation, arbitration, litigation, recourse to regional bodies or agreements or other peaceful means of your choice.

The key problem of the international judicial process is the question of who and under what conditions can apply to a particular court. According to the traditional doctrine of international law, only a state can be a plaintiff and a defendant in international courts.

At the same time, the solution of the issue of the parties to the proceedings is determined by the fundamental documents of a particular judicial institution. In other words, the states, being the primary subjects of international law, when creating the statute of the court, decide who can become a party in the case considered by the court in the future. Moreover, it should be added that the development of international courts has led to the fact that individuals, groups of individuals, non-governmental organizations (for example, the UN Administrative Tribunal, the European Court of Human Rights, the International Center for the Settlement of Investment Disputes) have received the right to access international courts , international organizations and their bodies (for example, the EU Court of Justice).

Direct negotiations and consultations

Negotiations can be classified as:

On the subject of the dispute (peaceful, political, commercial, etc.);

By the number of participants (multilateral and bilateral);

By the level of representation of the parties (interstate, intergovernmental, interdepartmental), etc.

Negotiations can be conducted both orally and in writing.

Negotiations should precede the use of other means of dispute resolution. In particular, before a dispute is submitted to trial, its subject should be clearly defined in diplomatic negotiations.

Entering into negotiations may be mandatory. Such cases are provided for by contracts. The corresponding prescription may be contained in the decision of the arbitration or international organization.

One type of negotiation is consultation. In accordance with the previously reached agreement, the states undertake to consult with each other periodically or in the event of certain kinds of circumstances in order to eliminate possible differences. The purpose of the consultations is to prevent the emergence of international disputes.

Good offices and mediation

Good offices is a method of resolving a dispute in which a party not participating in the dispute, on its own initiative or at the request of the states in the dispute, enters into the settlement process. The purpose of good offices is to establish or renew contacts between the parties. At the same time, the party providing good offices does not participate in the negotiations themselves; its task is to facilitate the interaction of the disputing parties. Belarus.

Through mediation, the states in dispute elect a third party (a state, a representative of an international organization), which participates in the negotiations as an independent participant.

Mediation (as well as good offices) involves the participation in the negotiations of a third state. However, there are also differences between them.

First, mediation is resorted to with the consent of all disputing parties, while good offices can be used with the consent of only one disputing state. Secondly, the purpose of mediation is not only to facilitate contacts, but also to harmonize the positions of the parties: the mediator can develop his own drafts for resolving the dispute and offer them to the parties.

Investigation and conciliation commissions

IN international disputes that do not affect either the honor or the essential interests of states and stem from disagreements in assessing the actual circumstances of the situation, the parties have the right to establish a special international body- Commission of Inquiry to clarify questions of facts.

Commissions of inquiry are established on the basis of a special agreement between the parties, which determines: the facts to be investigated, the procedure and duration of the commission, its powers, the location of the commission, the language of the proceedings, etc.

Usually a mixed commission is created, consisting of an equal number of representatives of the parties. In other cases, a third party is included in the commission. Sometimes these functions are performed individual, in particular the official of the organization.

The investigation by the commission is carried out in an adversarial manner. The parties, within the established time limits, state the facts to the commission, submit Required documents and a list of witnesses and experts to be heard. The Commission may request from the parties Additional materials. During the trial, witnesses are interrogated, about which a protocol is drawn up.

After the parties have presented all the explanations and evidence, and all the witnesses have been heard, the investigation is declared completed, and the commission draws up a report. The commission's report is limited to establishing the facts and has no force of judgment or arbitration. The parties have the right to use the decision of the commission at their own discretion.

Conciliation commissions

They have broader powers than investigators. Conciliation commissions, as a rule, are not limited only to establishing this or that fact, but also offer Possible Solution controversial issue. However, unlike arbitration and the court, the final decision on the case is made by the parties who are not bound by the conclusions of the commission.

In other words, reconciliation combines fact-finding and mediation. Such a commission finds out the subject of the dispute, collects the necessary information and seeks to bring the parties to an agreement.

Under the provisions of the International Disputes Peaceful Settlement Act 1985, the Permanent Conciliation Commission consists of five members. One member of the commission is appointed by the disputing parties, the other three are elected from among the nationals of third countries. The latter must be of different nationality, not have permanent residence in the territory of the interested parties and not be in their service. In case of difficulty in choosing members, their appointment may be entrusted to the President of the UN General Assembly, third states, or decided by lot.

Question 65 International arbitration tribunals (arbitration)

International arbitration - organized on the basis of an agreement between the parties, the dispute is settled by an individual (arbitrator) or a group of persons (arbitrators), whose decisions are binding on the parties.

Distinguish between special arbitration and institutional arbitration.

Special arbitration (temporary) is created by the parties to consider a specific dispute. In this case, the dispute is referred to arbitration on the basis of the arbitration agreement of the parties. The agreement specifies: the procedure for appointing arbitrators or specific persons as arbitrators, the dispute resolution procedure, the place and language of the proceedings, and other issues.

Institutional arbitration is carried out by a permanent arbitration body. States undertake in advance to submit to arbitration all disputes arising from questions of the interpretation of any treaty, or disagreements that may arise in the future in certain categories of disputes.

The resolution of disagreements through arbitration is very similar to the judicial method, however, unlike the judicial procedure, the composition of the arbitration body depends on the disputing parties.

Appeal to the arbitration court entails the obligation to comply in good faith with its decision.

Recently, in international practice, a trend has been developed to include in the adopted conventions a mechanism for arbitrating disputes.

In accordance with Art. 19 of the Charter of the Organization of African Unity of 1963, the Commission for Mediation, Conciliation and Arbitration was established in the OAU, the composition and conditions of functioning of which are determined by a separate protocol approved by the Conference of Heads of State and Government of the OAU.

On the basis of the Washington Convention on the Settlement of Investment Disputes between States and Individuals and Legal Entities of Other States of 1965, a body was established to resolve these disputes - the International Center for the Settlement of Investment Disputes - and a procedure for arbitration is provided.

International judicial procedure

International courts are permanent institutions, composed of independent judges, designed to resolve disputes on the basis of international law and make legally binding decisions. The difference between arbitration and an international court lies mainly in the order of their formation and concerns mainly the method of formation of the numerical and personal composition, functioning, etc.

The relevant judicial bodies are established on the basis of treaties with international organizations as a universal ( International Court UN), and of a regional nature (EU Court, Inter-American Court of Human Rights, Economic Court of the CIS).

The composition of the international court is formed in advance and does not depend on the will of the parties. Its competence is fixed in the constituent act; courts also adopt their own rules. Court decisions are binding on the parties and not subject to appeal.

Depending on the nature of the disputes under consideration, international courts are divided into courts for resolving: interstate disputes (International Court of Justice, Economic Court of the CIS); both interstate disputes and cases initiated by individuals and legal entities against states and international organizations (European Court of Human Rights); labor disputes within international organizations (ILO Administrative Tribunal); on bringing individuals to liability (Nuremberg Tribunal); various categories of disputes (EU Court).

For example, in accordance with the UN Convention on the Law of the Sea of ​​1982, the International Tribunal for the Law of the Sea was established. The Tribunal is composed of 21 judges elected by the states parties to the Convention. They are experts in maritime law and represent the major systems of law in the world. 11 judges are sufficient to form a judicial presence. The Tribunal has established a Seabed Disputes Chamber. The Tribunal considers disputes between: the states - participants of the Convention of 1982; subjects of contracts for the development of the seabed; the Seabed Authority and a State Party, entity or individual in cases where the Authority is liable for damage to these entities.

law maritime international

International Court of Justice

According to the Charter, the International Court of Justice is one of the six main organs of the UN. But in practice its role is more significant. It is, in fact, not only the main judicial body international community in general, but also the center of the entire system of peaceful dispute resolution.

It is the only tribunal of international justice whose jurisdiction is global and universal, both geographically and in terms of the subject matter of disputes related to public international law.

Most of the cases before the UN Court of Justice relate to territorial and boundary disputes, delimitation of land and sea spaces, questions of diplomatic and consular law, and claims of a commercial nature. Everything lately large quantity disputes concerns issues of peace and security, namely the use of force, international humanitarian law.

The International Court of Justice is composed of 15 judges elected in their personal capacity by the General Assembly and the Security Council for a term of nine years. The composition of the UNMS should ensure that the major legal systems of the world are represented. The quorum shall be nine judges. If there is no judge of the nationality of the party to the dispute on the International Court of Justice, the General Assembly may appoint a judge for the case.

The International Court of Justice usually hears cases in its entirety. However, its Statute provides for the possibility of establishing Chambers composed of three or more judges. Such chambers may specialize in dealing with certain categories of cases.

Cases in the Court are initiated in two ways: by notification of a special agreement concluded between the parties to the dispute, or by filing a unilateral written application with the Secretary of the Court. In both cases, the subject of the dispute and the parties must be indicated.

Each decision is made by an absolute majority of the judges present. If the votes are evenly divided, the Chairman's vote is casting (the oldest OO).

In addition to settling disputes between states, the International Court of Justice gives advisory opinions on any legal issue. Only institutions entitled to do so under the UN Charter can make a request.

The absence of compulsory jurisdiction means that the International Court of Justice is not entitled to consider cases on its own initiative, it can only consider cases that will be transferred to it by agreement of the parties.

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International maritime law- one of the most ancient and developed branches of international law, which is a system of principles and norms that determine the legal status of maritime spaces and regulate relations between states in the process of exploring and using the seas and oceans.

Principles of international maritime law. The legal basis for the activities of states in the World Ocean is formed by the basic principles of general international law, namely: the principle of sovereign equality of states, the principle of mutual refusal to use force or threat of force, the principle of inviolability of borders, the principle of 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 principle of freedom open sea. It means that maritime spaces located outside national boundaries(outside "national jurisdiction") are common spaces on equal and mutually acceptable terms.

At present, the principle of freedom of the high seas is enshrined in the 1958 Convention on the High Seas and in the 1982 UN Convention on the Law of the Sea.

Another special principle of international maritime law is principle of state sovereignty 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. 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.

The principle of the sovereignty of states 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.

The third special 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.

Sources of international maritime law.

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 agreements, states 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 Area Baltic Sea 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.

51. Subjects of international law The concept of types, content and features of international legal personality.

A subject of international law is understood as a person who is a participant in international relations, having international legal personality, being a collective entity that creates the norms of international law.
Kinds:
-(primary) main - states
- (secondary) derivatives - international intergovernmental organizations, state-like entities fighting for independence
- non-traditional - international non-governmental organizations, subjects of federal states, international economic associations, national legal entities, individuals.
Depending on the types of subjects m / d, legal personality can be
- universal,
-functional (target)
-special.

The content of international legal personality includes such elements as the ability to have rights and obligations, to bear responsibility in case of violation of international legal norms. International legal personality implies that t education as a subject of international law has the ability to protect its rights by making claims in case of violation of its rights. In other words, international legal personality also provides for the possibility of bringing subjects of international law to responsibility.

International legal personality is also manifested in the fact that subjects enter into international relations that are governed by international law. Legal relations can arise only between subjects of law. Only as a result of entering into legal relations, subjects can exercise their rights and obligations. Based on the foregoing, we can give the following definition of a subject of international law.

The subject of international law is an entity capable of having rights and obligations arising from international law, protecting them and entering into international relations governed by international law.


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 like 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 basically 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. Other international treaties(including bilateral and regional agreements) containing provisions relating to this industry, mainly supplement or detail the provisions of the Convention. As of May 1, 2011, 162 countries have signed and ratified the convention. ( Russian Federation convention was ratified in 1997).

The world ocean in the life of modern civilization has great value 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 of human life in the future largely depends.

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 of 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 of the 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).

special principle 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 the sovereignty of states 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 the military use of the oceans 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 agreements, states 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 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.