Basic provisions of international maritime law. International maritime law

23.06.2020

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

International maritime law is an organic part of general international law: it is guided by the latter’s regulations 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, 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.

International maritime law is characterized by the following principles:

The principle of freedom of the high seas is that all states can enjoy 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 peaceful use of the sea - reflects the principle of 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 First UN Conference on the Law of the Sea, which approved four Conventions: on the territorial sea and the contiguous zone; about the open sea; about the continental shelf; on fishing and protection of living marine resources. These conventions are still in force for the states participating in them. The provisions of these conventions, to the extent that they declare generally recognized norms of international law, in particular international customs, must be respected by other states.

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 in the early 60s of a large number of independent developing states, required the creation of a new law of the sea 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 generally accepted 12-mile limit of the territorial sea. Previously, the territorial sea limit was set from 3 to 12 miles. The new convention secured the right of states that do not have a sea coast to exploit an economic zone within 200 miles on an equal basis 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 the International Regulations for Preventing Collisions at Sea, 1972;

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

Load Line Convention 1966

Concept and legal regime:

a) internal sea waters, “historical” waters;

b) territorial sea;

c) adjacent zone;

d) exclusive economic zone;

e) open sea;

f) continental shelf;

g) the area of the seabed beyond the continental shelf.

Inland waters are the state territory of a 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 ships is determined by the coastal state (usually states publish a list of ports open to entry by foreign ships).

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

According to the 1982 Convention, “each 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.

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

The spaces of seas and oceans that are outside the territorial sea and are not part of the territory of any state have traditionally been called the high seas. Despite the different legal status of the spaces included in the high seas, none of them is subject to state sovereignty.

The main principle regarding the high seas remains the principle of freedom of the high seas, which is currently understood not only as freedom of navigation, but also as freedom to lay submarine telegraph and telephone cables along the bottom, freedom of fishing, freedom of flight over maritime space, etc. None the state does not have the right to claim the subordination of the spaces that are part of the high seas to its sovereignty.

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

The basis for delimiting the continental shelf between two opposing states is the principle of equal distance and taking into account special circumstances. Coastal states have sovereign rights for the purpose of exploration and development of its natural resources. These rights are exclusive in the case 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 over the continental shelf are narrower than the sovereignty of states over territorial waters and their subsoil, which are part of the state territory.

The coastal state has the exclusive right to authorize and regulate drilling activities 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 airspace above these waters and, therefore, do not in any way affect the regime of shipping and air navigation.

An exclusive economic zone is an area adjacent to the territorial sea not exceeding 200 miles wide, for which international law has established a special legal regime. The width is measured from the same lines as the width 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 waters and on the bottom and in its subsoil. 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 can 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 continental shelves of coastal states. Its resources were declared by the 1982 Convention to be the “common heritage of mankind.” However, the area is open for exploitation exclusively for peaceful purposes. In accordance with this Convention, an International Seabed Authority should be created, which will exercise control over the extraction of resources.

The main bodies of the International Seabed Authority are the Assembly, the Council, which includes 36 people elected by the Assembly, and the Secretariat. The Council has the power to establish and implement specific policies on any issue 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 on other grounds: from developing countries with special interests; from importing countries; from countries extracting similar resources on land, etc.

The Convention specifies that the financial and economic benefits derived from activities in the international area should be distributed on the basis of equity, with special regard to the interests and needs of developing States and peoples that have not yet achieved full independence or other status of self-government. Such a distribution of income generated from activities in the international area would not require direct or mandatory participation in those activities by developing States that are not prepared for them.

In 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 to appropriate 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, and also “in association with the International Authority” by States Parties to the Convention, or by State-owned enterprises, or by natural or legal persons having the nationality of States Parties or under the effective control these states, if the latter have vouched for these persons. Such a system for developing the resources of the region, in which, along with the enterprise of the International Body, participating states and other subjects of the internal law of these states can participate, is called parallel.

The policy regarding activities in the area should be pursued by the International Authority in such a way as to promote greater participation in resource development by all States, regardless of their socio-economic systems or geographical location, and to 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 rules of international law in the interests of maintaining peace and security, promoting international cooperation and mutual understanding.

International maritime law is a branch of international law, which is a set of rules that determine the legal status of maritime spaces and regulate interstate relations related to activities in the World Ocean. The law of the sea is one of the most ancient branches of general international law.

The sources of international maritime law are as follows.

Are common– Geneva Conventions on the Law of the Sea 1958 and the UN Convention on the Manners of the Sea 1982

Universal– Convention on the International Regulations for Preventing Collisions of Ships 1972, International Convention for the Safety of Life at Sea 1974, International Convention on Maritime Search and Rescue 1979, Convention Relating to Intervention on the High Seas in the Event of an Oil Pollution Casualty , 1969

Local– Convention on Fisheries and the Conservation of Living Resources in the Baltic Sea and the Belt Straits 1973, Convention on the Protection of the Black Sea against Pollution 1992, Convention on the Conservation of Anadromous Stocks of the North Pacific Ocean 1992.

In 1958, the First UN Conference on the Law of the Sea was held, which resulted in the signing of four Geneva Conventions: on the high seas, on the territorial sea and the contiguous zone, on the continental shelf, on fisheries and the protection of living resources of the high seas. The Geneva Conventions of 1958 codified generally accepted norms of maritime law - the principles of freedom of navigation, fishing, laying of submarine cables and pipelines, scientific research, the high seas and flights over the high seas, the right of innocent passage of foreign ships through the territorial sea.

The conventions also formulate new norms of maritime law: the regime of the continental shelf, types of adjacent zones, and the responsibilities of states to prevent pollution of the sea with oil and radioactive substances. However, many important issues remained unresolved - the maximum width of territorial waters, the creation and limits of fishing zones, the recognition of the priority rights of coastal states to fish in adjacent areas of the high seas.

In 1960, the Second UN Conference on the Law of the Sea took place, at which attempts were made to resolve the most pressing controversial issues. The work of the Conference was not crowned with success; it was not possible to adopt any international documents.

The Third UN Conference on the Law of the Sea was held in 1973–1982. Representatives of 164 states, observers from states, bodies of national liberation movements, non-self-governing territories, and international organizations took part in its work. The outcome of the Conference was the 1982 UN Convention on the Law of the Sea.

The Convention on the Law of the Sea is the largest codification in the history of international law in general (320 articles and 9 annexes). In 1982, 159 states of the world signed it, but large maritime states then refused to participate in the Convention (USA, UK, Germany, the Netherlands). Japan signed but did not ratify; The USSR signed, but ratification was carried out by Russia in 1997.

The 1982 Convention entered into force in 1994 at the same time as the Agreement for the Implementation of Part XI of the Law of the Sea Convention, approved by the UN General Assembly in 1994. The Agreements and Part XI of the Convention are to be interpreted and applied as a single instrument. The 1994 Agreement fundamentally changed the provisions of the Convention, which made it possible for developed countries to join it.

The 1982 Convention confirmed and supplemented the generally accepted principles of the law of the sea. The main provisions of the Geneva Conventions of 1958 were confirmed, the status of the International Seabed Area and its resources outside the continental shelf was established, the status and legal regime of the EEZ and archipelagic waters were determined, the interpretation of the passage of ships through international straits was approved, and a new system for resolving international maritime disputes was provided.

The 1982 Convention establishes the classification of maritime spaces: internal waters, territorial sea, archipelagic waters, sea channels, international sea straits, contiguous zone, EEZ, continental shelf, high seas. Internal, territorial and archipelagic waters, straits and canals are part of the water territory of the coastal state and have a uniform legal status. At the same time, straits and canals, like the adjacent zone, continental shelf and EEZ, are parts of a territory with a mixed regime and have a unique legal status due to their importance for international navigation.

A set of principles and legal norms governing the rights and obligations of states and other subjects of international law regarding the use of maritime spaces in peacetime. In this sense, international maritime law should be distinguished from private maritime law, which governs the rights and obligations of legal entities and individuals in relation to maritime matters such as maritime transport of goods and insurance.

Although some rules of maritime law can be traced back to medieval private codifications governing the fundamental rights and obligations of sea carriers and shipowners in the Mediterranean, the most important principles of international maritime law were developed in the seventeenth century. Classical publicists, based on the traditions of Roman law and the doctrine of natural law, dealt with certain issues of maritime law. Among the early works dealing with this topic, the most famous is Hugo Grotius's pamphlet "Mare Liberum" ("Free Sea").

By the nineteenth century, when customary law was being formed based on the practice of states and their consensus, international maritime law, like other areas of public international law, had become a system of customary principles and norms governing the rights and obligations of states, mainly in regarding the territorial and high seas.

During the nineteenth century and the period between the two world wars, several unsuccessful attempts were made to codify the customary law of the sea. After World War II, several conferences were held to codify various aspects of the law of the sea. The first conference was the First UN Conference on the Law of the Sea (UNCLOS I), known as the 1958 Geneva Conference on the Law of the Sea, which resulted in four conventions:

Convention on the Territorial Sea and Contiguous Zone;
Convention on the High Seas;
Convention on the Continental Shelf;
Convention on Fisheries and the Conservation of Living Marine Resources.

The 1958 Geneva Conventions on the Law of the Sea are the first major codification of the law of the sea. Most of the provisions of the first two conventions and some provisions of the Convention on the Continental Shelf are a generalization and systematization of customary law; while others not only codify customary rules of law, but also contribute to the progressive development of international law. Thus, although conventions are binding only on states parties, many of their provisions can be used as evidence of legal custom in relation to states that are not parties to them. All four conventions remain in force for a limited number of states that have not yet ratified the 1982 Law of the Sea Convention, which includes the United States.

The 1958 Geneva Conference failed to reach agreement on several issues, in particular the breadth of the territorial sea and the rights of coastal states in areas of the high seas adjacent to their territorial seas. To address such issues, the Second United Nations Conference on the Law of the Sea (UNCLOS II), known as the 1960 Geneva Convention on the Law of the Sea, was convened; but she also failed to achieve her goals. For this reason, and due to the dissatisfaction of some states with the various provisions set out in the 1958 Convention and the technological, economic and political changes that occurred since its conclusion, the Third United Nations Conference on the Law of the Sea (1973-1982) was convened (UNCLOS III).

Creates a comprehensive regime governing the rights and responsibilities of states in relation to the oceans. The 1982 Convention repeats, modifies or replaces all key provisions of the four 1958 Conventions. However, many of the provisions of the 1982 Convention depart from existing customary law.

The Convention consists of 320 articles and nine annexes. It addresses most issues related to the use of maritime space, such as: economic zones of the sea, continental shelf, rights to the deep seabed, rights and freedoms of navigation in the territorial and high seas, conservation and rational use of biological resources of the sea, protection and preservation of the marine environment , marine scientific research, and dispute settlement procedures.

Territorial sea.

This is a maritime belt adjacent to the land territory and internal waters of a coastal state, over which its sovereignty extends. The 1982 Convention provides that the sovereignty of states extends to the airspace above the territorial sea, as well as to its bottom and subsoil. However, when exercising sovereignty over the territorial sea, coastal states must comply with the rules and restrictions provided for by this Convention and other rules of international maritime law.

Limits of the territorial sea.

The width of the territorial sea established by the coastal state must not exceed twelve nautical miles and is measured from the baseline (baseline). - is the line forming the boundary between the internal waters of a coastal state over which it has absolute sovereignty, and its territorial sea. To determine the baseline, depending on the relief and outline of the coast, either the normal baseline method, or the straight baseline method, or a combination of these methods can be used. The outer limit of the territorial sea is a line, each point of which is located from the nearest point of the baseline at a distance equal to the width of the territorial sea.

The normal baseline for measuring the breadth of the territorial sea is the low-tide line along the coast as shown on large-scale nautical charts officially recognized by the coastal State. The method of straight baselines connecting appropriate points can be used to draw a baseline in places where the coastline is deeply indented and rugged, or where there is a chain of islands along the coast and in close proximity to it. However, the application of this method should not lead to the blocking of another state's passage from the territorial sea to the high seas or exclusive economic zone. This method is also used to draw closing lines of river mouths that flow directly into the sea and bays.

In the case where the coasts of two states are located one against the other or adjacent to each other and no special agreement has been concluded between them, the territorial sea of each of them should not extend beyond the median line drawn at points equidistant from the baselines of the coasts and islands of both states. This provision does not apply if the territorial seas of two states are historically delimited differently.

Rights of the coastal state over the territorial sea.

According to the 1982 Convention, the sovereignty of a coastal state extends to its territorial sea, its seabed and subsoil, as well as to the airspace above its territorial sea. In this regard, the coastal state enjoys the following rights:

the exclusive right to fish and develop the resources of the seabed and subsoil of the territorial sea;
the exclusive right to regulate the movement of aircraft through the airspace above the territorial sea. Aircraft, unlike ships, do not enjoy the right of innocent passage;
the power to make laws and regulations in accordance with the provisions of the 1982 Convention and other rules of international law, in particular those relating to customs, immigration and sanitary regulations, safety of navigation and conservation of the environment;
the right to take necessary measures in its territorial sea to prevent the passage of a foreign vessel when its passage is not peaceful;
the right to exercise criminal jurisdiction on board a foreign ship (to arrest any person or to conduct an investigation in connection with any crime committed on board a foreign ship) in the following cases: if the consequences of the crime extend to the coastal State; if the crime disturbs order in the country or territorial sea; if local authorities have been asked for help; to suppress illegal drug trafficking; or in the case where a foreign vessel passes through the territorial sea of a coastal state after leaving its internal waters;
the right to exercise civil jurisdiction (the application of penalties or arrest in a civil case) in relation to a foreign ship, but only for obligations or responsibilities assumed or incurred by that ship during or for its passage through the waters of the coastal state; or in the case where a foreign ship is moored in the territorial sea of a coastal state or passes through its territorial sea after leaving its internal waters.

Right of innocent passage in the territorial sea.

According to the 1982 Convention, the sovereignty of a coastal State over its territorial sea is subject to limitations on the grounds enjoyed by ships of all States, both coastal and landlocked. Passage means navigation through the territorial sea for the purpose of crossing that sea without entering internal waters or stopping at a roadstead or port facility outside internal waters; or for the purpose of passage into or out of internal waters, or anchorage at such a roadstead or at such a port facility. The passage must be continuous and fast. However, passage may include stopping and anchoring, but only to the extent that they are associated with normal navigation or caused by force majeure, or to save people or ships in disaster. Passage must be carried out in accordance with the provisions of the 1982 Convention and other rules of international maritime law. The passage must be peaceful, that is, it must not disturb the peace, good order or security of the coastal State.

The right of innocent passage also applies in internal waters, where the establishment of a baseline under the 1982 Convention has resulted in the inclusion of areas not previously considered as internal waters.

Submarines and other underwater vehicles also enjoy the right of innocent passage. However, they are required to move across the surface and raise their flag.

According to the 1982 Convention, a coastal State must not, except in specified cases, interfere with the peaceful passage of foreign ships through its territorial seas and, in particular, must not, under any pretext, interfere with navigation or discriminate against any ships. The coastal State is obliged to give due notice of any danger known to it to navigation in the territorial sea. It is not permissible to levy any duties on foreign vessels merely for passage through the territorial sea; fees may only be levied as payment for specific services provided to the vessel.

A coastal State shall not exercise criminal jurisdiction on board a foreign ship passing through the territorial sea, except as provided in the Convention (mentioned above). It must also not stop or change the course of a foreign ship passing through the territorial sea while exercising civil jurisdiction over a person on board, except as provided in the Convention (mentioned above). It should be noted that warships and other government vessels operated for non-commercial purposes enjoy immunity from all jurisdiction; however, the coastal State, if any of these vessels refuse to comply with its laws and regulations, may require immediate departure from its territorial sea.

The coastal State, in accordance with the provisions of the 1982 Convention and other rules of international law, may establish its own laws and regulations concerning the exercise of the right of innocent passage, to which foreign vessels must comply. For security reasons, a coastal state may temporarily suspend the innocent passage of foreign ships in certain areas of its territorial sea.

Adjacent zone.

It is a maritime belt adjacent to the territorial sea of a coastal state over which that state can enforce and punish violations of its customs, tax, immigration, or health laws and regulations. According to the 1982 Convention, the contiguous zone cannot extend beyond 24 nautical miles from the baseline. The contiguous zone, unlike the territorial sea, does not automatically belong to the coastal state; the state must make a special statement about the establishment of this zone.

From the provisions of the 1982 Convention, it follows that the rights of a coastal state to the contiguous zone are not equivalent to sovereignty. The coastal State may exercise jurisdictional powers only for the purposes specified in the Convention.

International straits.

A strait is a narrow natural sea passage connecting adjacent water basins or parts thereof. are straits that are 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. The Convention stipulates a special regime of passage applicable to international straits. However, this regime does not apply if the strait is of sufficient width to allow ships to pass on the high seas or in the exclusive economic zone.

The regime of passage established by the Convention does not affect the legal status of the waters forming such straits, nor the sovereignty or jurisdiction (over the waters, airspace, bottom and subsoil) of the states bordering the strait. In addition, this mode does not apply to:

to areas of internal waters within the strait, with the exception of cases specified in the Convention;
to the exclusive economic zones of states bordering the strait;
to the open sea;
to straits in which passage is regulated by long-standing and in force international agreements (for example, the Black Sea straits of the Bosporus and Dardanelles, which are regulated by the Montreux Convention of 1936).

According to the 1982 Convention, international straits can be subject to either a transit passage regime or an innocent passage regime.

Regime of transit passage in straits used for international navigation.

Transit mode operates 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. Transit passage means the passage through the strait of ships and aircraft for the purpose of rapid and continuous transit, or for the purpose of entering, leaving or returning from a state bordering the strait. Any other activity in the strait is subject to other provisions of the Convention.

The Convention contains an exception to the right of transit passage through international straits: if the strait is formed by an island of a state bordering the strait and its continental part, and seaward of the island there is a route equally convenient from the point of view of navigational and hydrographic conditions on the high seas or in exclusive economic zone. In such a strait, the regime of innocent passage will apply.

When exercising the right of transit passage, ships and aircraft must:

comply with the relevant provisions of the Convention and other rules of international law;
comply with the maritime corridors and traffic separation schemes for navigation established by the states bordering the straits;
refrain from any threat or use of force against the sovereignty, territorial integrity or political independence of states bordering the strait;
refrain from any activity unrelated to continuous and rapid transit, except in force majeure circumstances.

During transit passage through the straits, foreign ships have no right to conduct any research or hydrographic surveys without prior permission from the states bordering the straits.

States bordering the straits, subject to the provisions of the convention, may enact laws and regulations relating to transit passage through the straits, relating to the safety of navigation and the movement of vessels, the regulation of fisheries, the loading or unloading of any cargo, the embarkation or disembarkation of persons. However, such laws and regulations should not allow discrimination between foreign vessels, and their practical application should not infringe on the right of transit passage.

There should be no suspension of transit passage. States bordering the straits must not impede transit passage, and must promptly notify them of any known danger to passage or flight through the strait.

Regime of innocent passage in straits used for international navigation.

Innocent passage mode applicable in straits used for international navigation, which:

pass between the island and the continental part of one state and towards the sea from the island there is an equally convenient route on the high seas or in the exclusive economic zone; or
connect part of the high seas or exclusive economic zone with the territorial sea of another state.

The most significant differences between the innocent passage regime and the transit passage regime are that in straits where the innocent passage regime applies:

submarines must follow on the surface and raise their flag;
air transport does not enjoy the right of free and unhindered flight;
States bordering the strait have more powers to restrict navigation and regulate vessel traffic.

Exclusive economic zone.

(EEZ) is an area outside and adjacent to the territorial sea that is subject to a special legal regime. The width of the EEZ shall not exceed 200 nautical miles measured from the baselines. The rights and jurisdiction of coastal states, as well as the rights and freedoms of other states in this zone are governed by the provisions of the Convention.

The coastal state in the EEZ (in the waters, seabed and subsoil) enjoys sovereign rights for the purpose of exploration, exploitation, conservation and management of natural resources, both living and non-living, and in relation to other economic activities such as energy production through use of water, currents and wind. The coastal state also has jurisdiction over: the creation and use of artificial islands, structures and installations; marine scientific research; protection and conservation of the marine environment. In exercising its rights and fulfilling its obligations, the coastal State must take due account of the rights and obligations of other States and act in accordance with the provisions of the Convention.

In the EEZ, all States, both coastal and landlocked, enjoy, subject to the relevant provisions of the Convention, freedom of navigation and overflight, and the laying of submarine cables and pipelines. In exercising their rights and fulfilling their responsibilities in the EEZ, States must give due regard to the rights and responsibilities of the coastal State and comply with its laws and regulations.

In the event of a conflict of rights or jurisdiction of the coastal State or other States in the EEZ, it must be resolved equitably, taking into account all relevant circumstances, while respecting the interests of all parties affected and the international community as a whole. The delimitation of EEZs between states with opposite or adjacent coasts must be carried out by agreement based on international law; If agreement cannot be reached within a reasonable time, the States concerned shall resort to the dispute resolution procedures provided for in the Convention.

This is the seabed and subsoil of underwater areas extending beyond the territorial sea of the coastal state to a distance of 200 nautical miles from or to the outer limit of the underwater margin of the continent (but not more than 350 nautical miles from the baselines or not more than 100 nautical miles from the 2500-meter isobath - line connecting depths of 2500 meters).

The delimitation of the continental shelf between states with opposite or adjacent coasts is carried out by agreement based on international law; If no agreement can be reached within a reasonable period of time, the States concerned shall resort to the dispute resolution procedures provided for in the Convention.

The coastal state enjoys exclusive sovereign rights to the exploration and development of natural resources (non-living and so-called “sedentary species” of living) of the continental shelf. The coastal state has the exclusive right to construct, authorize and regulate the creation, operation and use of artificial islands, installations and structures, as well as authorize and regulate drilling activities on the continental shelf. If necessary, the coastal state may establish safety zones (but not more than 500 meters) around such artificial islands, installations and structures, which must be respected by ships of all countries.

The Convention provides that the rights of a coastal state to the continental shelf do not depend on its occupation of the shelf or an expressed declaration thereof and do not affect the legal status of the covering waters and airspace above them. In exercising its rights with respect to the continental shelf, the coastal state must not unreasonably interfere with navigation or infringe on the rights and freedoms of other states (for example, laying or maintaining cables or pipelines). In addition, coastal States developing non-living resources on the continental shelf beyond 200 nautical miles from baselines are required to make contributions to the International Seabed Authority. The Authority distributes the contributions received among the States Parties to the Convention on the basis of equity criteria, taking into account primarily the interests and needs of developing countries.

Open sea.

The high seas are all parts of the sea that are not included in the EEZ, territorial sea or internal waters of any state, or archipelagic waters. The high seas are open to all states, both coastal and landlocked. Freedom of the high seas, in particular, includes: freedom of navigation; freedom of flight; freedom to lay submarine cables and pipelines; freedom to erect artificial islands and other installations; freedom of fishing; freedom of scientific research. In exercising these freedoms, states must take due account of the interests of other states, as well as comply with the relevant provisions of the Convention and other norms of international law.

The high seas may be used exclusively for peaceful purposes. No state has the right to extend its sovereignty over any part of the high seas. Each State, whether coastal or landlocked, has the right to sail ships under its flag on the high seas, to exercise jurisdiction over them in civil and criminal matters and to regulate administrative, technical and social matters relating to the ship.

Landlocked states.

A landlocked state means a state that does not have a sea coast. Landlocked States have the right of access to the sea for the purpose of exercising the rights provided for in the Convention, including rights relating to freedom of the high seas and common heritage, rights of innocent passage in the territorial sea of coastal States, rights of transit and peaceful passage in international straits and the right to lay submarine cables and pipelines on the continental shelf. Landlocked states enjoy freedom of transit through the territories of “transit states” for all types of vehicles.

The conditions and procedures for the exercise of freedom of transit are agreed upon between landlocked and transit states through bilateral or multilateral agreements. For the convenience of transit traffic, duty-free zones or other customs benefits may be provided in the ports of transit states. Transit shipments should not be subject to customs duties and taxes, with the exception of fees levied for specific services provided.

Transit States must take appropriate measures to avoid delays or other technical difficulties in transit traffic. In the exercise of their full sovereignty over their territory, transit States have the right to take all necessary measures to ensure that the rights and benefits provided for in the Convention for landlocked States do not in any way prejudice their legitimate interests.

District and Organ.

International Seabed Area(Area) is the bottom of the seas and oceans and its subsoil beyond the limits of national jurisdiction. Under the 1982 Convention, the Area and its resources (solid, liquid or gaseous) are considered and no claims of sovereignty or other sovereign rights can be recognized. All rights to the resources of the Area belong to all humanity, on whose behalf the Authority acts. However, minerals extracted from the Area may be alienated in accordance with the provisions of the Convention.

The area is open to use exclusively for peaceful purposes by all States, both coastal and landlocked. Marine scientific research in the Area is carried out on the basis of international cooperation for the benefit of all mankind.

International Seabed Authority(the Authority) is an international organization established by States Parties to the 1982 Convention to organize and control activities in the Area, especially for the purpose of managing its resources. All States Parties to the Convention are ipso facto members of the Authority. The body began its work in 1994 after the entry into force of the Convention on the Law of the Sea. The Authority's headquarters are located in Kingston, Jamaica.

The body is based on the principle of sovereign equality of all its members. Its powers and functions are clearly specified in the Convention. Two governing bodies determine policy and regulate its work: the Assembly, consisting of all members of the Authority, and the Council, consisting of 36 members of the Authority, elected by the Assembly. Council members are selected according to a formula that ensures fair representation of different groups of countries. The body holds one annual session, usually lasting two weeks. The Convention also established a body called the "Enterprise" which would act as the Authority's own mining operator, but no concrete steps were taken to create it.

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, bays, port waters, etc.) and territorial waters washing the coast of the state.

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

Water areas have long been used by humanity to achieve geopolitical, economic and military goals. All this required the adoption of certain international norms, which were formed in the form of international maritime law. For a long time, the only source of international maritime law was custom.

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

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

The world ocean is of great importance in the life of modern civilization 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 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 world's 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 a vital communications area used for transport and international trade.

The subjects of international maritime law are:

1) states;

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

The activities of states in the World Ocean have significant features determined by the nature of the marine environment, the legal regime of maritime spaces, the status of sea vessels, warships and other objects of human activity on the seas and oceans. The uniqueness of maritime activities became the root cause for the formation of special principles regulating the activities of states at sea.

Principles of international maritime law:

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

Conservation and rational use of marine living resources (Articles 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 resolution of disputes and other principles enshrined in the UN Charter, in the Declaration of 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 (beyond “national jurisdiction”) are areas of common use on equal and mutually acceptable terms.

The idea of freedom of the high seas was first formulated and substantiated by Hugo Grotius (1583-1645). Other international lawyers and statesmen of the 18th - 19th centuries. this idea was supported and developed. French scientist and diplomat T. Ortolan, famous lawyers Higgins and Colombos. Much credit for the development of this principle belongs to Russia. Thus, in the ambassadorial 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 road, ocean-sea, how can it be adopted, appeased or closed.” The Declaration of Armed Neutrality, which Russia made in 1780, spoke of the right “to navigate freely from one port to another and off the coasts of warring nations.”

The 1982 UN Convention on the Law of the Sea states: “The high seas are open to all States, whether coastal or 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 with due regard to the rights provided for in this Convention in relation to activities in the Area” (Article 87, para. 2).

A special principle of international maritime law is the principle of sovereignty of states over internal and territorial waters. The main provisions of this principle began to take shape in the 15th-16th centuries. during the period of struggle between states for the division of the World Ocean. The rights of states to own the sea began to be limited, and a legal norm began to emerge on the sovereignty of states over coastal waters, which included internal sea waters and territorial waters (territorial sea). In the 16th century this principle has been recognized as a norm of international custom. It received conventional recognition in 1958 in the Geneva Convention on the Territorial Sea and the Contiguous Zone. In the 1982 UN Convention on the Law of the Sea, 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 archipelagic state, its archipelagic waters, to the adjacent maritime zone 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 is exercised in compliance with this Convention and other norms 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 components of the territory of the state legally belong to it as a subject of international law.

The principle of state sovereignty over internal and territorial waters is currently not disputed by anyone. In accordance with this principle, each state has the right to establish a national legal regime in its internal and territorial waters, to regulate all 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 under the right of “innocent passage”;

Carry out other actions 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 sovereign equality of states. Due to the legal equality of states, their full-fledged bodies are equal in their relations with each other. Warships, supply vessels and state vessels, when exercising their rights, act in accordance with the principle “equal has no power over equal” (“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 on the part of foreign authorities (detention, arrest, search, confiscation, requisition, etc.);

They are exempt from the administrative, criminal and civil jurisdiction of foreign authorities, and are not subject to foreign laws other than 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 construction of ships and fixed structures for the extraction of marine natural resources;

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

Agreements regulating fisheries in various areas of the World Ocean;

Treaties limiting or regulating the military use of the 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 in regulating the activities of states in the World Ocean:

The status of the International Seabed Area beyond the continental shelf and the regime for the development 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 has been introduced;

The protection of the marine environment and research in different legal regimes of parts of the World Ocean has been strengthened;

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

International relations in the field of international maritime law are also governed 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 Materials, 1972;

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

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

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

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

North-East Atlantic Fisheries Convention, 1980;

Convention on the Conservation of Antarctic Marine Living Resources, 1980;

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

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

International maritime law is 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 made up of the basic principles of general international law, namely: the principle of sovereign equality of states, the principle of mutual refusal to use force or the threat of force, the principle of the inviolability of borders, the principle of the territorial integrity of states, the principle of peaceful resolution of disputes and other principles enshrined in the UN Charter, in the Declaration of Principles of International Law and in other international legal instruments.

The activities of states in the World Ocean have significant features determined by the nature of the marine environment, the legal regime of maritime spaces, the status of sea vessels, warships and other objects of human activity on the seas and oceans. The uniqueness of maritime activities became the root cause for the formation of special “maritime” principles regulating the activities of states at sea.

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 (beyond “national jurisdiction”) are areas of common use on equal and mutually acceptable terms.

As is known, the idea of freedom of the high seas was first formulated and substantiated by Hugo Grotius (1583-1645). Other international lawyers and statesmen of the 18th - 19th centuries. this idea was supported and developed. Thus, the French scientist and diplomat T. Ortolan writes: “The claims of Portugal, Spain and Holland (to the open sea - the author) fell along with their naval power.” Well-known lawyers Higgins and Colombos write: “The high seas cannot be the object of sovereign law, for it is a necessary means of communication between countries...”. Much credit for the development of this principle belongs to Russia. Thus, in the ambassadorial 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 road, ocean-sea, how can it be adopted, appeased or closed.” The Declaration of Armed Neutrality, which Russia made in 1780, spoke of the right “to navigate freely from one port to another and off the coasts of warring nations.”

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

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).

Without revealing the content of individual types of freedoms, it should be noted that all freedoms of the high seas have an equal right to exist, they are legally equal, but it is no coincidence that the first place among equals is given to the principle of freedom of navigation.

Another special principle of international maritime law is the principle of sovereignty of states over internal and territorial waters. The main provisions of this principle began to take shape in the 15th-16th centuries. during the struggle of states for the division of the World Ocean. The rights of states to own the sea began to be limited, and a legal norm began to emerge on the sovereignty of states over coastal waters, which included internal sea waters and territorial waters (territorial sea). In the 16th century this principle has been recognized as a norm of international custom. It received conventional recognition in 1958 in the Geneva Convention on the Territorial Sea and the Contiguous Zone. In the 1982 UN Convention on the Law of the Sea, the provisions of this principle are formulated as follows: