联合国海洋法公约英文版.docx

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1、United Nations Convention on the Law of the Sea of 10 December 1982PREAMBLEThe States Parties to this Convention,Prompted by the desire to settle, in a spirit of mutual understanding and cooperation, all issues relating to the law of the sea and aware of the historic significance of this Convention

2、as an important contribution to the maintenance of peace, justice and progress for all peoples of the world,Noting that developments since the United Nations Conferences on the Law of the Sea held at Geneva in 1958 and 1960 have accentuated the need for a new and generally acceptable Convention on t

3、he law of the sea,Conscious that the problems of ocean space are closely interrelated and need to be considered as a whole,Recognizing the desirability of establishing through this Convention, with due regard for the sovereignty of all States, a legal order for the seas and oceans which will facilit

4、ate international communication, and will promote the peaceful uses of the seas and oceans, the equitable and efficient utilization of their resources, the conservation of their living resources, and the study, protection and preservation of the marine environment,Bearing in mind that the achievemen

5、t of these goals will contribute to the realization of a just and equitable international economic order which takes into account the interests and needs of mankind as a whole and, in particular, the special interests and needs of developing countries, whether coastal or land-locked,Desiring by this

6、 Convention to develop the principles embodied in resolution 2749 (XXV) of 17December 1970 in which the General Assembly of the United Nations solemnly declared interalia that the area of the seabed and ocean floor and the subsoil thereof, beyond the limits of national jurisdiction, as well as its r

7、esources, are the common heritage of mankind, the exploration and exploitation of which shall be carried out for the benefit of mankind as a whole, irrespective of the geographical location of States,Believing that the codification and progressive development of the law of the sea achieved in this C

8、onvention will contribute to the strengthening of peace, security, cooperation and friendly relations among all nations in conformity with the principles of justice and equal rights and will promote the economic and social advancement of all peoples of the world, in accordance with the Purposes and

9、Principles of the United Nations as set forth in the Charter,Affirming that matters not regulated by this Convention continue to be governed by the rules and principles of general international law,Have agreed as follows:PART IINTRODUCTIONArticle 1Use of terms and scope1. For the purposes of this Co

10、nvention:(1) Area means the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction;(2) Authority means the International Seabed Authority;(3) activities in the Area means all activities of exploration for, and exploitation of, the resources of the Area;(4) pollution o

11、f the marine environment means the introduction by man, directly or indirectly, of substances or energy into the marine environment, including estuaries, which results or is likely to result in such deleterious effects as harm to living resources and marine life, hazards to human health, hindrance t

12、o marine activities, including fishing and other legitimate uses of the sea, impairment of quality for use of sea water and reduction of amenities;(5) (a) dumping means:(i) any deliberate disposal of wastes or other matter from vessels, aircraft, platforms or other man-made structures at sea;(ii) an

13、y deliberate disposal of vessels, aircraft, platforms or other man-made structures at sea;(b) dumping does not include:(i) the disposal of wastes or other matter incidental to, or derived from the normal operations of vessels, aircraft, platforms or other man-made structures at sea and their equipme

14、nt, other than wastes or other matter transported by or to vessels, aircraft, platforms or other man-made structures at sea, operating for the purpose of disposal of such matter or derived from the treatment of such wastes or other matter on such vessels, aircraft, platforms or structures;(ii) place

15、ment of matter for a purpose other than the mere disposal thereof, provided that such placement is not contrary to the aims of this Convention.2. (1) States Parties means States which have consented to be bound by this Convention and for which this Convention is in force.(2) This Convention applies

16、mutatismutandis to the entities referred to in article305, paragraphl(b), (c), (d), (e) and(f), which become Parties to this Convention in accordance with the conditions relevant to each, and to that extent States Parties refers to those entities.PART IITERRITORIAL SEA AND CONTIGUOUS ZONESECTION 1.

17、GENERAL PROVISIONSArticle2Legal status of the territorial sea, of the air space over the territorial sea and of its bed and subsoil1. The sovereignty of a coastal State extends, beyond its land territory and internal waters and, in the case of an archipelagic State, its archipelagic waters, to an ad

18、jacent belt of sea, described as the territorial sea.2. This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil.3. The sovereignty over the territorial sea is exercised subject to this Convention and to other rules of international law.SECTION 2. LIMITS O

19、F THE TERRITORIAL SEAArticle3Breadth of the territorial seaEvery State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12nautical miles, measured from baselines determined in accordance with this Convention.Article4Outer limit of the territorial seaThe outer

20、 limit of the territorial sea is the line every point of which is at a distance from the nearest point of the baseline equal to the breadth of the territorial sea.Article5Normal baselineExcept where otherwise provided in this Convention, the normal baseline for measuring the breadth of the territori

21、al sea is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State.Article6ReefsIn the case of islands situated on atolls or of islands having fringing reefs, the baseline for measuring the breadth of the territorial sea is the seaward low-water l

22、ine of the reef, as shown by the appropriate symbol on charts officially recognized by the coastal State.Article7Straight baselines1. In localities where the coastline is deeply indented and cut into, or if there is a fringe of islands along the coast in its immediate vicinity, the method of straigh

23、t baselines joining appropriate points may be employed in drawing the baseline from which the breadth of the territorial sea is measured.2. Where because of the presence of a delta and other natural conditions the coastline is highly unstable, the appropriate points may be selected along the furthes

24、t seaward extent of the low-water line and, notwithstanding subsequent regression of the low-water line, the straight baselines shall remain effective until changed by the coastal State in accordance with this Convention.3. The drawing of straight baselines must not depart to any appreciable extent

25、from the general direction of the coast, and the sea areas lying within the lines must be sufficiently closely linked to the land domain to be subject to the regime of internal waters.4. Straight baselines shall not be drawn to and from low-tide elevations, unless lighthouses or similar installation

26、s which are permanently above sea level have been built on them or except in instances where the drawing of baselines to and from such elevations has received general international recognition.5. Where the method of straight baselines is applicable under paragraph1, account may be taken, in determin

27、ing particular baselines, of economic interests peculiar to the region concerned, the reality and the importance of which are clearly evidenced by long usage.6. The system of straight baselines may not be applied by a State in such a manner as to cut off the territorial sea of another State from the

28、 high seas or an exclusive economic zone.Article8Internal waters1. Except as provided in PartIV, waters on the landward side of the baseline of the territorial sea form part of the internal waters of the State.2. Where the establishment of a straight baseline in accordance with the method set forth

29、in article7 has the effect of enclosing as internal waters areas which had not previously been considered as such, a right of innocent passage as provided in this Convention shall exist in those waters.Article9Mouths of riversIf a river flows directly into the sea, the baseline shall be a straight l

30、ine across the mouth of the river between points on the low-water line of its banks.Article10Bays1. This article relates only to bays the coasts of which belong to a single State.2. For the purposes of this Convention, a bay is a well-marked indentation whose penetration is in such proportion to the

31、 width of its mouth as to contain land-locked waters and constitute more than a mere curvature of the coast. An indentation shall not, however, be regarded as a bay unless its area is as large as, or larger than, that of the semi-circle whose diameter is a line drawn across the mouth of that indenta

32、tion.3. For the purpose of measurement, the area of an indentation is that lying between the low-water mark around the shore of the indentation and a line joining the low-water mark of its natural entrance points. Where, because of the presence of islands, an indentation has more than one mouth, the

33、 semi-circle shall be drawn on a line as long as the sum total of the lengths of the lines across the different mouths. Islands within an indentation shall be included as if they were part of the water area of the indentation.4. If the distance between the low-water marks of the natural entrance poi

34、nts of a bay does not exceed 24nautical miles, a closing line may be drawn between these two low-water marks, and the waters enclosed thereby shall be considered as internal waters.5. Where the distance between the low-water marks of the natural entrance points of a bay exceeds 24nautical miles, a s

35、traight baseline of 24nautical miles shall be drawn within the bay in such a manner as to enclose the maximum area of water that is possible with a line of that length.6. The foregoing provisions do not apply to so-called historic bays, or in any case where the system of straight baselines provided

36、for in article7 is applied.Article11PortsFor the purpose of delimiting the territorial sea, the outermost permanent harbour works which form an integral part of the harbour system are regarded as forming part of the coast. Off-shore installations and artificial islands shall not be considered as per

37、manent harbour works.Article12RoadsteadsRoadsteads which are normally used for the loading, unloading and anchoring of ships, and which would otherwise be situated wholly or partly outside the outer limit of the territorial sea, are included in the territorial sea.Article13Low-tide elevations1. Alow

38、tide elevation is a naturally formed area of land which is surrounded by and above water at low tide but submerged at high tide. Where a low-tide elevation is situated wholly or partly at a distance not exceeding the breadth of the territorial sea from the mainland or an island, the low-water line

39、on that elevation may be used as the baseline for measuring the breadth of the territorial sea.2. Where a low-tide elevation is wholly situated at a distance exceeding the breadth of the territorial sea from the mainland or an island, it has no territorial sea of its own.Article14Combination of meth

40、ods for determining baselinesThe coastal State may determine baselines in turn by any of the methods provided for in the foregoing articles to suit different conditions.Article15Delimitation of the territorial sea between Stateswith opposite or adjacent coastsWhere the coasts of two States are oppos

41、ite or adjacent to each other, neither of the two States is entitled, failing agreement between them to the contrary, to extend its territorial sea beyond the median line every point of which is equidistant from the nearest points on the baselines from which the breadth of the territorial seas of ea

42、ch of the two States is measured. The above provision does not apply, however, where it is necessary by reason of historic title or other special circumstances to delimit the territorial seas of the two States in a way which is at variance therewith.Article16Charts and lists of geographical coordina

43、tes1. The baselines for measuring the breadth of the territorial sea determined in accordance with articles7,9 and10, or the limits derived therefrom, and the lines of delimitation drawn in accordance with articles12 and15 shall be shown on charts of a scale or scales adequate for ascertaining their

44、 position. Alternatively, a list of geographical coordinates of points, specifying the geodetic datum, may be substituted.2. The coastal State shall give due publicity to such charts or lists of geographical coordinates and shall deposit a copy of each such chart or list with the Secretary-General o

45、f the United Nations.SECTION 3. INNOCENT PASSAGE IN THE TERRITORIAL SEASUBSECTION A. RULES APPLICABLE TO ALL SHIPSArticle17Right of innocent passageSubject to this Convention, ships of all States, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea.Article

46、18Meaning of passage1. Passage means navigation through the territorial sea for the purpose of:(a) traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or(b) proceeding to or from internal waters or a call at such roadstead or port

47、facility.2. Passage shall be continuous and expeditious. However, passage includes stopping and anchoring, but only in so far as the same are incidental to ordinary navigation or are rendered necessary by forcemajeure or distress or for the purpose of rendering assistance to persons, ships or aircra

48、ft in danger or distress.Article19Meaning of innocent passage1. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with this Convention and with other rules of international law.2. Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the coastal State if in the territorial sea it engages in any of the following activities:(a) any threat or use of force against the sovereignty, territorial integrity or political independence of the