Until the 18th century AD Shipping in the World Ocean was not regulated in any way. Only after the era of the Great Geographical Discoveries did the world community understand the importance of codifying and regulating shipping, coastal waters, rules for passing the straits, etc. But until the middle of the 20th century, there was no global practice of maritime law. The treaties were concluded by individual states among themselves and did not bear any responsibility in the global sense. We will consider the main provisions of the UN Convention on the Law of the Sea in the article.

What is the 1982 UN Convention on the Law of the Sea?

After its creation, the United Nations became seriously concerned about the gaps in the law of the sea. The current Convention largely regulates shipping, the use of the subsoil, mining of minerals in the depths and on the seabed, and also allows states to centrally resolve claims against each other.

On video of the 1982 UN Convention on the Law of the Sea:

Adoption history

In 1958, the first attempt to develop global rules for the use of the World Ocean and coastal waters took place in Geneva. The First UN Conference on Maritime Rules developed the initial rules, the prerequisites were created for streamlining relations between the participating countries and draft articles were developed in four important areas.

These are the delimitation of the continental shelf, provisions on the fishing of living organisms, territorial characteristics of maritime boundaries and rules for the conduct of state flags on the high seas.

The disadvantage of the agreement was that only a few states agreed to ratify it. The II Conference was convened in 1960 and did not produce results. The UN General Assembly convened its next meeting on the Law of the Sea in 1973.

Having worked for 5 years, the III Conference on the Law of the Sea was productive. On December 10, 1982, the UN Convention on the Law of the Sea was adopted in the Jamaican center of Montego Bay. This set of laws, recommendations and rules began to operate in 1997 and today it is approved by 139 independent countries and the EU.

An important factor that prompted maritime states to adopt the Convention was the scientific and technological revolution. Drilling and entitlement to oil and gas wells on the continental shelf required a centralized approach.

To avoid conflicts in the field of ownership of the subsoil of the seabed and depths, the participating countries agreed to a “peace settlement”, sacrificing some of their interests for the sake of calm and centralization. However, some provisions of this Convention are controversial. Plus, not all maritime powers have ratified this law. Therefore, disputes still arise in the world regarding the extraction of material goods, the use of maritime potential and the rules of navigation in disputed waters.

When studying this issue, it is important to know about

Contents and provisions of international rules of the law of the sea

This set of laws and recommendations contains 320 articles and 9 provisions. They define the concepts of “continental shelf”, “economic zone”, “internal waters” and other important terms. The Russian Federation has ratified the Jamaican Convention and has adhered to it since 1998.

The basic concepts of maritime law under this Convention are as follows:

Inland waters

Bays, straits that appear during high tides of the lake, shallows after low tide and some other areas of marine space are considered internal territories of the state. They are subject to the laws of that state.

Territorial seas

This is an area limited to 12 nautical miles from the coastline at low tide. This area of ​​the sea and the bottom below it is under the sovereignty of the state. Within its borders, the laws of this state apply, which are approved by international standards. But transit rules for the passage of ships in accordance with generally accepted international law also apply in this territory. If passing vessels do not cause suspicion in connection with piracy, smuggling, illegal fishing and terrorism, then the host state of the territorial sea has no right to detain their passage.

It is worth noting that about 30 states adhere to the previous rules of international law. In them, the territorial sea is considered to be a border of 3 nautical miles from the coastline.

Adjacent zone

Beyond the territorial waters (sea) is the contiguous zone. Its border is 12 nautical miles (a little more than 22 kilometers). International rules for the passage of ships are already in force in this territory. However, the 1982 Convention on the Law of the Sea expands the rights of states over this space. In this section of the sea, the customs, fiscal, immigration and sanitary standards of the host country of the adjacent zone apply.

Exclusive economic zone

The size of the exclusive economic zone is 370 km (200 nautical miles). It is measured from the same line as the territorial sea and the adjacent zone. These rules are followed by 100 countries that have ratified the UN Convention.

This economic zone is already part of the World Ocean, but is attached to a coastal state. Although ships of another state located in the exclusive economic zone have a full range of rights not limited by the laws of the coastal state. Here there is a distinction between shipping and the use of natural resources.

All rights to the subsoil of the ocean and seabed, as well as to potential resources (wind, solar energy, tidal potential) belong to the owning country. The coastal state allows itself to carry out mineral exploration here, develop resources, create artificial islands and conduct other actions that do not contradict the law of the sea and the provisions of the 1982 UN Convention.

In the exclusive economic zone, treaties are possible between countries that have ratified the Convention. For example, developing countries allow other states to explore and develop mineral resources, receiving agreed compensation for this. Or an example from fishing practice: Russia and Japan entered into an agreement between themselves, which determines the legal status of fishing vessels in this zone.

continental shelf

The natural extension of the continental zone is called the continental shelf and is the zone of influence of the coastal state. Also, in accepted terminology, the concept of the continental shelf extends to a limit of 200 nautical miles, even if the continental tip ends abruptly. The continental shelf cannot be extended beyond 350 nautical miles.

The continental shelf does not include the surface of the waters - international rules of the law of the sea already apply here. The coastal state has ownership of the subsoil and seabed, including sessile living organisms, minerals, extracted energy and some other types of resources.

The distinction between individual states that have close water borders is made separately. For example, in the Baltic Sea there are several agreements regarding the mutual use of the continental shelf.

On video of international maritime law:

Other terms and rules of use of the United Nations convention

The UN Convention on the Sea also defines the concepts of archipelagic waters, high seas, straits and the international seabed. Their joint use and jurisdiction are determined on a case-by-case basis, preserving the primacy of international law.

The UN Convention, concluded in 1982, establishes general rules for the use of subsoil, minerals, the depths of the sea and the airspace above them. Thanks to it, all disputes between participating countries can be resolved legally. The only drawback of the Convention is that not all states have ratified it yet.

The implementation of international law in the narrow sense of the word is a set of acts of domestic law aimed at implementing the international legal obligations of states by connecting internal mechanisms. The elements of this process are not only acts of legislation, but also international treaties, since they are concluded in fulfillment of the international legal obligations of the state. The sovereign equality of states, their independence in the implementation of domestic and foreign policies determined the fact that they, being the creators of international legal norms, are at the same time the main subjects of their implementation. Most of the international legal norms contained in the 1982 UN Convention on the Law of the Sea are implemented through the mechanism of domestic implementation. However, the implementation of international law at the national level is the main, but not the only way to implement them. The norms of international maritime law enshrine additional international legal and organizational means of ensuring implementation at the international level, which together constitute the international mechanism for the implementation of international maritime law.

The international mechanism for the implementation of international law in a broad sense is understood as a set of means to ensure the implementation of international legal norms created by the efforts of states. The mechanism for the implementation of international legal norms must be defined as a set of legal norms of domestic legislation that ensure the implementation of international legal norms recognized as part of the legal system of the state. The elements of the legal mechanism for the implementation of international law in domestic law are the norms of the State Constitution, norms of sectoral legislation, as well as other acts of legislation and international treaties of the state 9 . The transformation of international legal norms is the fastest way to implement them, since it guarantees the direct application of the norms in the domestic legal system. Due to the objective laws of the relationship between international and national law, the process of implementation, however, cannot be exhausted by transformation alone. Therefore, there is a second level of implementation of international law, the most important component of which is the adoption of implementing legislation designed to ensure the implementation and compliance with international legal norms within the country.

1.2 Sources of international maritime law

Due to the rapid pace of development of industry, science and technology; With the rapid development of the commercial, fishing and military fleets of states, the expansion of areas of activity in the World Ocean, the customary legal nature of the norms of international maritime law has ceased to satisfy the growing needs of maritime activities. There is an urgent need to develop and adopt international maritime agreements.

The first attempt to codify the norms of international maritime law, which was not successful, was made in 1930 within the framework of the Hague Conference on the Codification of International Law. In the period 1949 - 1956. The UN International Law Commission has done a lot of work to codify customary legal norms and develop new ones. This made it possible to hold the First UN Geneva Conference on the Law of the Sea in 1958, at which four conventions were considered and adopted: on the high seas; territorial sea and adjacent zone; continental shelf; fisheries and conservation of living resources of the high seas.

As a result of the work of the international community, it was possible to codify a number of generally recognized principles and norms of international maritime law: the principle of freedom of the high seas, including freedom of navigation, fishing, laying of maritime cables and pipelines, and flights over the high seas; the right of innocent passage through the territorial sea; the principle of real communication between the ship and the flag state, etc.

However, at the First Conference it was not possible to resolve the issue of the maximum width of the territorial sea and fishing zone. To solve these problems, the II UN Conference on the Law of the Sea was convened in 1960, which also did not lead to the desired results. Issues related to the width of the territorial sea, fishing zone, continental shelf, economic and other rights of coastal states have become increasingly relevant. In addition to these issues were added problems generated by the scientific and technological revolution - pollution of the seas and oceans, the possibility of using powerful technical means in the exploration and extraction of marine resources, the expansion and complexity of scientific research in marine spaces. On the world political stage, many developing countries have declared their interests in the development of the World Ocean.

The combination of these circumstances necessitated a new broad discussion on the development of international maritime law, which began under the auspices of the UN in 1967. In the process of this discussion, states managed to coordinate their positions on the safety of navigation and the protection of human life at sea, the protection and preservation of the marine environment, fishing regime.

The problems associated with the creation and improvement of international maritime law in specific areas pointed to the need to develop and adopt a comprehensive convention on the law of the sea, the so-called charter of modern international maritime law. Among others, the issues of the regime of the continental shelf and fishing zone, the area of ​​the seabed beyond national jurisdiction and the protection of the marine environment from pollution have acquired paramount importance. To solve these complex problems, the III UN Conference on the Law of the Sea was convened, which worked from 1973 to 1982.

The multifaceted, global nature of the Conference and its rule-making tasks determined the specificity of the procedural and organizational forms of this forum. An important part of the Rules of Procedure of the Conference was the “gentlemen's agreement” on consensus as the main means of decision-making. Another important element in organizing the work of the Conference was the principle of a “package” approach, i.e. consideration of all issues together, based on the recognition of the close interrelation of all problems of the World Ocean.

On April 30, 1982, the UN Convention on the Law of the Sea was adopted. The Final Act of the III UN Conference on the Law of the Sea was adopted in Montego Bay (Jamaica) on December 10, 1982. On the same day, the 1982 UN Convention on the Law of the Sea was opened for signature. This Convention, which was the result of extensive and painstaking work by a significant number of subjects of international law, represents one of the largest general multilateral treaties in the entire history of international relations. It consists of 17 parts, including 320 articles, and 9 appendices. On November 16, 1994, after the expiration of 12 months from the date of deposit of the sixtieth instrument of ratification, the Convention in accordance with Art. 308 came into force.

1.3 Place of the 1982 Convention in modern international law

The 1982 Convention is a unique international treaty in which customary norms of international law, treaty international legal norms, as well as norms and principles of international maritime law are closely intertwined. 10 The Third UN Conference on the Law of the Sea, due to its universal nature and consensual method of negotiations and reaching decisions, could and was competent to revise certain generally recognized norms of the law of the sea, including those of a mandatory nature. Initially, only states were invited to participate in the Conference. Later, some international organizations were invited as observers.

In accordance with the Preamble of the 1982 Convention, developments since the First and Second UN Conferences on the Law of the Sea have emphasized the need for a new universally acceptable Law of the Sea Convention. In addition, the Preamble, when defining the objectives of the adoption of the Convention, referring to the resolution of the UN General Assembly of December 17, 1970, emphasizes the need for codification and progressive development of the law of the sea. The preamble of the 1982 Convention contains a clear indication that the Convention, being an act of codification of generally accepted norms of international maritime law, also contains new solutions to old problems 11 . Indeed, the Convention confirms and consolidates all the most important rules of international maritime law that have developed over the course of many years of use of maritime spaces and are recognized by the entire international community. These include the principles and norms of general international law that determine the legal status and regime of the territorial sea and the adjacent zone, the continental shelf, the high seas, and straits used for international navigation.

The Convention confirms and supplements a number of provisions of the Geneva Conventions on the Law of the Sea of ​​1958 and introduces new norms and institutions that reflect modern development trends in the development of the World Ocean. For the first time, it established by agreement the maximum permissible width of the territorial sea - 12 miles, confirmed and detailed the right of peaceful passage of foreign ships through the territorial sea.

The Convention introduced a new institution - archipelagic waters, applicable to archipelagic states. The Convention sets out the rules for transit passage through international straits, making it possible to exercise freedom of navigation and flights through them. The institution of an exclusive economic zone is completely new, within which the coastal state is granted sovereign rights in relation to the exploration, development and conservation of natural resources located on the seabed, in its depths, and their management, as well as in relation to other types of economic activities. The Convention reaffirmed the basic rules regarding the continental shelf and clarified this institution, in particular clearly defining the outer limit of the continental shelf. For the first time in treaty practice, the status of a vast territory of the seabed area outside the continental shelf was determined.

The Convention significantly expanded the list of freedoms of the high seas, including, along with the traditional freedoms of navigation, fishing, flight, laying cables and pipelines, also the freedom to build artificial islands, installations and structures permitted by international law.

The Convention contains a block of norms regulating the conduct of marine scientific research, as well as a group of norms aimed at ensuring the protection and conservation of the marine environment. It contains a detailed mechanism for resolving disputes related to the interpretation and application of its rules.

An important provision of the Convention in ensuring universal peace and security is the reservation of the high seas for peaceful purposes.

The special universal nature of the norms of the 1982 Convention is confirmed in Art. 311 of the Convention, according to which it not only takes precedence in relations between member states over the Geneva Conventions on the Law of the Sea of ​​April 29, 1958, but also provides for a special procedure for amending and revising its provisions.

Important for establishing the legal status of the 1982 Convention in modern international law is the provision of the Preamble, according to which issues not regulated by the Convention continue to be regulated by the norms and principles of general international law. This provision demonstrates the relationship of the 1982 Convention with generally accepted norms and principles of international law. The preamble of the Convention clearly establishes that the Convention should be considered as an integral part of general international public law and is subject to the rules of the hierarchical construction of the norms and principles of modern international law.

Despite the comprehensive and special nature of the 1982 Convention, its text clearly implies the obligatory nature and extension of the general rules of the law of international treaties for the rules of the Convention itself. Its text is formulated in strict accordance with the provisions of the Vienna Convention on the Law of Treaties of 1969 12 .

Kolodkin A.L., Doctor of Law, Professor, Deputy. Director of the Institute "SoyuzmorNIIproekt".

Recently, the interest of many states in the problems of the World Ocean has increased significantly in connection with the role played in international life by merchant shipping and military navigation, the development of living resources of the sea, the development of mineral resources of the seabed, the protection of the marine environment as a component of the entire environment, scientific ocean research using the latest technologies, etc. In addition, one cannot help but see interstate conflicts constantly arising regarding violations of the legislation of coastal states or the rights of the flag state, the rights of a ship in foreign waters, etc. After all, maritime spaces differ in their legal regime, and this directly affects the position of sea vessels and their crews.

The regime of maritime spaces is determined by the norms of international maritime law, currently included in such an international treaty as the 1982 UN Convention on the Law of the Sea (hereinafter referred to as the Convention). In Resolution N 55/7 “The World Ocean and the Law of the Sea”, adopted by the UN General Assembly on October 30, 2000 at its 55th session, the UN General Assembly noted the universal nature of the Convention and its fundamental importance for maintaining peace and security.

The Convention is a comprehensive international treaty on the law of the sea, a historical milestone in the field of codification and progressive development of international legal norms designed to regulate the regime of the World Ocean and regulate the main types of activities for its use, study and development in modern conditions of social development. Its provisions regulate the regime of all major maritime spaces: the high seas, the territorial sea, the deep seabed, the continental shelf, the exclusive economic zone, straits used for international navigation, etc.

Ratification by the Russian Federation in 1997 of the Convention was a significant contribution to solving the problems of ensuring the interests of Russia both as a great maritime power and as a huge coastal state.

On the history of the creation of the 1982 UN Convention on the Law of the Sea

For many years, customs were, in fact, the only source of international maritime law, but already in the 18th century, treaties appeared concerning issues of naval warfare and the maritime limits of the exercise of power by coastal states. And only in the first half of the 20th century did the international community take measures that were aimed at regulating international relations related to diverse and extensive activities in the World Ocean through the conclusion of international multilateral treaties.

At the First UN Conference on the Law of the Sea, held in Geneva in 1958, on the basis of draft articles prepared by the UN International Law Commission, four important Conventions were adopted: on the territorial sea and the contiguous zone, on the high seas, on the continental shelf, on fisheries and on the protection of living resources of the high seas. However, a rather narrow circle of states were parties to these Conventions.

In 1960, the Second UN Conference on the Law of the Sea was convened, which was supposed to determine the limit on the width of the territorial sea and fishing zones. However, no decisions were made.

In order to streamline new types of maritime activities that have emerged as a result of scientific and technological progress, to harmonize the rules of law that relate to various types of maritime activities, and to supplement the provisions of international maritime law, in 1970 the UN General Assembly decided to convene in 1973 III UN Conference. The latter worked until 1982 and as a result adopted the UN Convention on the Law of the Sea.

The Convention was adopted in Montego Bay on December 10, 1982. The USSR signed it on December 10, 1982. The Convention entered into force in 1994. As of October 1, 2001, the Convention had 137 parties, including the Russian Federation, the European Union, Great Britain, France, Germany, Italy, Spain, the Netherlands, Norway, Sweden, Greece, Finland, Ukraine, Poland, Japan, China, India, Australia, Argentina, Brazil, Egypt and other countries.

Characteristics of the main provisions of the 1982 UN Convention on the Law of the Sea General provisions

The Convention consists of 17 parts, including 320 articles and 9 annexes. The Convention confirmed and supplemented a number of proposals enshrined in the Geneva Conventions on the Law of the Sea of ​​1958. At the same time, it included many new provisions that first appeared in international maritime law and significantly developed the international legal regime of the World Ocean in the new conditions of the scientific and technological revolution and restructuring international relations.

For the first time, new categories of maritime spaces have been introduced: the international deep seabed area (area), exclusive economic zone and archipelagic waters. The Convention, for the first time by treaty, established the maximum permissible width of the territorial sea at 12 nautical miles (one nautical mile - 1 km 852 m), which was a very significant contribution to the codification and progressive development of international maritime law. Along with this, the Convention confirms the right of peaceful passage of foreign ships through the territorial sea and provides guarantees for its implementation.

A special part of the Convention is devoted to the protection of the marine environment from all possible forms of pollution resulting from human activity. The greatest attention is paid to regulating the prevention of marine pollution from ships. The main responsibility for compliance by ships with generally recognized international norms and standards contained in special Conventions adopted under the auspices of the International Maritime Organization (hereinafter referred to as IMO) or otherwise rests with the flag state of the ship. To this end, a State must ensure that ships flying its flag comply with the international norms and standards applicable to them, mainly set by the IMO. If a ship violates any international rules, the flag state, regardless of the location of the violation, is obliged to promptly investigate it and, in appropriate cases, initiate prosecution, including criminal prosecution, against those responsible.

A significant innovation enshrined in the Convention is the concept of “port State jurisdiction”: any State whose port a foreign ship calls at is given the right to investigate an alleged violation of international norms and standards committed outside the territorial jurisdiction of such State (i.e. in the open). sea), and if there is sufficient evidence, begin prosecution to punish the perpetrators in accordance with their legislation (Article 218). Along with this, the Convention contains a special section on guarantees that are aimed at protecting the interests of international shipping from possible abuses by coastal states.

Open sea

Outside the territorial sea, a qualitatively different navigation regime operates. Here the principle of freedom of the high seas and its integral component - the principle of freedom of navigation - are implemented. A ship on the high seas cannot be detained or arrested by a foreign warship, with certain exceptions. According to the Convention, a foreign warship may detain a transport or fishing vessel if it has reasonable grounds to suspect that the vessel is engaged in: 1) piracy; 2) slave trade; 3) unauthorized broadcasting; 4) has no nationality, etc. A warship may intervene if provided for by an international treaty (for example, the International Convention for the Protection of Submarine Telegraph Cables of 1884). If the Convention speaks in general terms about the obligation of all states to cooperate in suppressing the illicit trade in narcotic drugs and psychotropic substances on the high seas, then more specific measures are provided for in the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of December 9, 1988 (Russia is a party to ): the flag state may allow the requesting state (having reason to suspect a ship of drug trafficking, etc.) to board that ship, carry out an inspection and even “take appropriate measures in relation to that ship, persons and cargo on board” (Art. 17).

The Convention significantly expanded the list of freedoms of the high seas, including, along with the freedoms of navigation, flight, fishing, laying cables and pipelines, also the freedoms to build artificial islands, installations and structures permitted in accordance with international law, and to conduct marine scientific research. The provision reserving the open sea for peaceful purposes is very important for ensuring peaceful conditions for the study and development of the World Ocean.

In addition to the above, we note that the Convention also provided for the exclusion of the exercise of the right of “hot pursuit” from the principle of exclusive jurisdiction of the flag state. This prosecution of a foreign vessel may occur in the event of a violation of laws and regulations committed not only within the territorial sea, but also in the economic zone and on the continental shelf.

In addition to the flag State, the right to detain and arrest a vessel engaged in unauthorized broadcasting is granted to the State of which the person responsible is a national, the State of registration of the installation, the State in whose territory transmissions may be received, and the State whose authorized radio communications are being interfered with.

Territorial sea

As mentioned above, the Convention resolves the long-standing problem of limiting the width of the territorial sea: this limit cannot exceed 12 nautical miles. The limit of 12 miles is set by 126 countries (Russia, USA, Great Britain, Canada, France, Germany, Italy, Spain, the Netherlands, Sweden, China, India, Japan, Poland, Ukraine, Lithuania, Latvia, Estonia, Romania, Bulgaria, etc. ). Moreover, a number of countries that had a territorial sea width of more than 12 miles reduced it to this limit (Ghana, Somalia, Argentina, etc.).

With regard to straits used for international navigation and blocked by the territorial sea, the Convention established a new type of passage - transit passage. In the context of widespread expansion of the territorial sea by coastal states, a number of straits (up to 115) used for international navigation find themselves completely or partially blocked by these waters. Therefore, the Convention includes provisions on transit passage, meaning the exercise of freedom of navigation and flight, but solely for the purpose of continuous and rapid transit through such straits.

The Convention established more detailed conditions for the “innocent passage” of ships through the territorial sea in comparison with those previously introduced by the Geneva Convention on the Territorial Sea and the Contiguous Zone of 1958. There are a number of provisions that are extremely important for navigators of seagoing vessels and river-sea vessels to know. To prevent the authorities of a foreign state from detaining the ship and making any claims, the actions specified in Art. 19 of the Convention, otherwise the passage may be considered “unpeaceful” and the ship may not be allowed through or even arrested. Such actions may include, in particular, the collection of information to the detriment of the defense of the coastal state, propaganda hostile to it, the lifting or taking on board of an aircraft, loading or unloading contrary to customs or other laws and regulations of the coastal state, any act of pollution, any fishing activity , carrying out research or hydrographic activities, etc.

Exclusive economic zone and continental shelf

The media often confuse the concepts of “territorial sea” and “exclusive economic zone”. However, if the territorial sea is an integral part of the territory of the state and the sovereignty of the latter extends to it, then the exclusive economic zone, like the continental shelf, is not part of the state territory. The coastal state has only sovereign rights and jurisdiction here for strictly defined purposes and within the limits clearly established by the Convention. The Constitution of the Russian Federation speaks about this, paragraph 1 of Art. 67 of which states that the territory of the Russian Federation includes, in particular, the territorial sea, and paragraph 2 states that the Russian Federation “has sovereign rights and exercises jurisdiction on the continental shelf and in the exclusive zone...”. Here we are talking about the exploration and development of natural resources: oil, gas, as well as fishing, crab, etc. - within 200 nautical miles. The width of the exclusive economic zone is measured from the same baselines as the territorial sea, so the width of the zone will be 188 nautical miles.

According to Art. 58 of the Convention, freedom of navigation and the operation of vessels associated with this activity are preserved in the exclusive economic zone. Such activities include, for example, the transmission of messages from ships to the shore and back via INMARSAT satellites, bunkering of passing ships, etc.

The rights of coastal states in the exclusive economic zone are clearly defined and limited.

The list of sovereign rights of the coastal state is provided for in Art. 56 of the Convention. In particular, this list does not provide for the exercise of the customs jurisdiction of the coastal state in the exclusive economic zone.

According to paragraph 3 of Art. 73 of the Convention, the punishment imposed by a coastal state for violation of fishing laws and regulations in the exclusive economic zone cannot include imprisonment. In addition, in the event of the arrest or detention of a foreign ship, the coastal state immediately notifies the flag state through appropriate channels of the measures taken and any subsequent punishment (Article 73, paragraph 4). Finally, the State must promptly release the vessel upon receipt of a bond or other security.

Completely new are the provisions of the Convention concerning the exclusive economic zone, within which the coastal state is granted sovereign rights in relation to the exploration, development, conservation and management of natural resources located on the seabed, in its subsoil and in the covering waters, as well as in relation to other activities for the purpose of economic exploration and development of the zone, such as energy production through the use of water, currents and wind. Despite the recognition of very broad rights for the coastal state, the Convention regulates these rights in a certain way and establishes the limits of their use.

Military navigation or maneuvers in foreign exclusive economic zones are not prohibited, unless they are accompanied by the use of bombing or missiles, since this damages natural resources, especially biological resources, and causes harm to the environment.

The Convention generally confirmed the main provisions of the Convention on the Continental Shelf, regulated its regime in detail and made certain clarifications regarding the outer limit of the continental shelf.

It should be noted that the modern period is characterized by rather strict legislation and practice of many states protecting natural resources located in the exclusive economic zone and on the continental shelf. States take an even more strict approach to protecting wealth in the territorial sea, as evidenced by the lawful actions of Russian border guards in the Far East. The Russian Federal Laws “On Internal Sea Waters, the Territorial Sea and the Adjacent Zone” 1998, “On the Exclusive Economic Zone” 1998, “On the Continental Shelf” 1995, “On the State Border of the Russian Federation” also protect these riches. " 1993. They provide for the arrest of ships of any flag for illegal fishing and other fishing. So not only ships flying the Russian flag are detained in foreign waters, but also foreign ships in our waters.

UN International Tribunal for the Law of the Sea

For the first time in the history of international law, a completely new, unique mechanism for the peaceful resolution of disputes between states regarding maritime activities has been established. This mechanism is defined in a special part XV of the Convention - “Settlement of Disputes”.

A special place among the envisaged procedures is occupied by the UN International Tribunal for the Law of the Sea (hereinafter referred to as the Tribunal). It should be noted that in Art. 287 “Choice of Procedure”, the proposed means are set out in the following order: Tribunal, International Court of Justice, Arbitration, Special Arbitration. In other words, the Convention puts the Tribunal first. And this is not accidental, because... The Tribunal considers disputes related to the interpretation of the Convention, violations of its provisions and other generally recognized principles and norms of international maritime law. It is especially important to emphasize that the Tribunal has the power to decide on the immediate release of ships and crews from the arrest of other states, but for this purpose a reasonable bail or other financial security must be provided. The decision of the Tribunal is final and cannot be appealed.

According to the Convention, the seat of the Tribunal is the city of Hamburg in the Federal Republic of Germany. The Tribunal is composed of a panel of 21 independent members, "selected from among persons enjoying the highest reputation for impartiality and fairness and who are recognized authorities in the field of the law of the sea."

According to the Agreement on the Privileges and Immunities of the Tribunal, a member of the Tribunal has the status of head of a diplomatic mission. The composition of the Tribunal ensures "representation of the major legal systems of the world and equitable geographical distribution."

Unlike the International Court of Justice, the Tribunal has the power to consider disputes not only between states, but also between parties to a contract such as state-owned enterprises, individuals or legal entities (Chamber of the Seabed Disputes Tribunal). In this case, we are talking about those persons who have the citizenship of states parties to the Convention or are under the effective control of these states or their citizens (Article 187 and Article 153 of the Convention).

The Tribunal may order the "prompt release of the vessel and crew" if the latter are not released despite the provision of "reasonable bail or other financial security" and if, within ten days of the detention, no agreement is reached between the flag State and the coastal State on referring the issue of release to any court or arbitration.

Some issues of the relationship between the 1982 UN Convention on the Law of the Sea and the International Maritime Organization

The activities of the International Maritime Organization (hereinafter referred to as IMO), which is one of the specialized agencies of the UN, are currently based on the foundation of international law, in particular international maritime law. First of all, we are talking about the UN Convention on the Law of the Sea of ​​1982. Today, one cannot consider certain aspects of the IMO’s activities, especially those related to ensuring the safety of navigation, the safety of human life at sea and the protection of the marine environment, without taking into account the provisions of this Convention, which are fundamental importance for all types of maritime activities carried out in the absence of war.

Since the entry into force of the Convention, the IMO has been consulting with international organizations of the UN system on various issues of interaction between the IMO and the Convention. Even before the entry into force of the Convention, its most important provisions were included in various treaty and non-treaty instruments of the IMO.

Although there is a direct reference to IMO only in Art. 2 of Annex VIII of the Convention, its various provisions speak of “a competent international organization adopting international rules and standards in the field of maritime safety, efficiency of navigation and the prevention, reduction and control of pollution of the marine environment from ships and compensation for damage.” In such cases, the concept of “competent international organization” refers specifically to the IMO, which is a specialized agency in the UN system established in accordance with the IMO Convention adopted in Geneva on 6 March 1948. The organization was originally called the Intergovernmental Maritime Consultative Organization and was renamed by Assembly Resolutions IMO A.358 (LX) and A.371 (X) 1975 and 1977

Article 1 of the IMO Convention declares it an organization with a broad scope of activities in the field of safety and enforcement of measures against marine pollution, and also gives it the right to deal with other issues such as increasing the efficiency of navigation and respecting the principle of freedom of navigation for all states participating in international trade, without any discrimination. Article 59 names the IMO as the UN specialized agency in the field of shipping and the impact of shipping on the marine environment. Articles 60 and 62 refer to the cooperation of the IMO with other specialized intergovernmental and non-governmental organizations on matters relating to international shipping and other related activities.

In addition, Art. 311 of the Convention on the relation to other conventions and international agreements contains provisions according to which it does not alter the rights and obligations of States Parties that arise from other agreements compatible with it and which do not affect the implementation of other States Parties of their obligations under it.

The work of the sessions of the IMO Committee on Facilitation of Formalities in International Maritime Shipping (hereinafter referred to as the Committee) in recent years is characterized by an expansion of the scope of special interests of the Committee, related primarily to the need to solve pressing practical problems arising in the process of international maritime transport. Thus, amendments in recent years have reflected the interests of states in resolving issues of electronic data processing methods, consular formalities and fees, the provision of pre-import information, customs clearance of specialized equipment and falsified documents. New standards and recommended practices have been adopted to simplify processing procedures for cruise and transit passengers, as well as elderly and disabled passengers. An attempt has been made to solve the problems arising in connection with the increased number of stowaways, illegal immigrants, and refugees.

Having adopted a long-term work plan at the 24th session, the Committee invited IMO member states to consider the main areas of activity in the field of facilitation and develop an appropriate national program. The program takes into account the following areas:

• implementation, technical interpretation and improvement of the Convention on Facilitation of International Maritime Traffic, 1965 and its annexes;
• IMO policy on automatic data processing of maritime transport documents and documents used for customs clearance of ships;
• consideration and formulation of proposals for changes to the Convention or its annex, including harmonization with other conventions of the Convention on Facilitation of International Maritime Traffic, 1965 and its annex;
• formalities related to the arrival, anchorage and departure of ships, the arrival, stay and departure of persons, the arrival, location and departure of cargo;
• taking measures not covered by the International Convention to Facilitate Maritime Traffic, 1965, to facilitate the entry and departure of ships, the arrival and departure of persons, the arrival and departure of goods;
• facilitation issues in relation to IMO's work on unlawful interference in international maritime traffic;
• aspects of simplifying methods of combating the illicit drug trade;
• methods of dealing with passengers with incorrectly executed documents;
• facilities for elderly and disabled passengers;
• facilitation aspects regarding ship-port interaction.

With the entry into force in 1984 of a new procedure for the adoption of amendments, known as “tacit acceptance”, the process of their entry into force has significantly accelerated and, therefore, the activity of States Parties to the Convention to adopt relevant national legislation should intensify.

At its last session, the Committee adopted an amendment to the recommended practice that "each contracting government should establish a national maritime facilitation committee or similar national coordinating body to encourage the adoption and implementation of facilitation measures between government departments, agencies and other organizations, associated with or responsible for various aspects of international maritime shipping, as well as port authorities and shipowners." At the same time, the Convention recommends that governments adopt a national program to facilitate maritime navigation based on the relevant requirements of the annex to the Convention. The purpose of such a program should be to take all practicable measures to facilitate the movement of ships, cargo, crews, passengers, mail and supplies by eliminating unnecessary obstacles and delays.

For the Russian Federation, the adoption of such a program and the creation of a coordinating body for its implementation, which would include representatives of all interested departments, is necessary, since without such coordinated efforts, the full work of the Russian delegation at the sessions of the Facilitation Committee, its working and correspondent groups is impossible.

In addition, given the significant lag of the Russian Federation in the adoption of national legislation on issues of simplification of formalities, it seems that the work of such a coordinating body should be aimed not only at developing future positions and regulations, but also at the normative settlement of issues that have already been agreed upon at the international level.

The significance of the Convention for the IMO is determined primarily by the fact that it creates a legal basis for the activities of the IMO in the structure of a new maritime legal order with an independent sphere of activity. According to Art. 1 of the IMO Convention, as stated above, one of the goals of the organization is to ensure the cooperation of governments in the regulation of any issues affecting international merchant shipping, promoting the universal acceptance of the maximum practicable standards in relation to maritime safety, efficiency of navigation, and the prevention of pollution from ships. The achievement of these goals is ensured by the development of draft conventions, agreements and other documents, the convening of international conferences and the exchange of information between states (Article 2).

The term “competent international organization”, first introduced by the Convention, is also applied to FAO, UNEP, the Intergovernmental Oceanographic Commission of UNESCO and is contained in a number of articles of the Convention that directly or indirectly define the areas of activity of the IMO (Article 22 “Sea corridors and traffic separation schemes”; Article 39 "Responsibilities of ships and aircraft during transit passage"; Article 41 "Sea corridors and traffic separation schemes in straits used for international navigation"; Article 42 "Laws and regulations of states bordering straits in relation to transit passage"; Article 53 "Right of archipelagic passage along sea corridors"; Article 60 "Artificial islands, installations and structures in the exclusive economic zone"; Article 94 "Responsibilities of the flag state"; Article 208 "Pollution caused by maritime activities day"; Article 211 "Pollution from ships"; Article 217 "Ensuring compliance by flag states"; Article 218 "Ensuring compliance by port states"; Art. 220 “Ensuring compliance by coastal states”; Art. 2 of Annex VIII to the Convention).

The provisions of the IMO's constituent instrument confirm the organization's position as the competent international organization capable of preparing and developing international rules and regulations aimed at the effective application of the Convention relating to shipping and the prevention, reduction and control of pollution from ships.

In this case, as Professor Walfrum (Germany) notes, the expression “competent international organization” “applies exclusively to the IMO and its global mandate.”

It is no coincidence that the IMO Council in 1995 specifically considered the issue of the significance of the entry into force of the Convention for the IMO. The Council emphasized the role of IMO as the “competent international organization” in the UN system in the field of shipping and “the interaction between IMO and the marine environment.” The Council requested that the Convention be studied in relation to IMO programs and activities and that its provisions be enforced within the legal framework provided for by the Convention. We are not talking, of course, about implementing the provisions of the IMO Convention itself, because it has no jurisdiction to enforce the standards and rules it has established. Such implementation is the responsibility of the flag State, coastal State and port State.

The Convention contains provisions affecting the responsibilities of states associated with membership in international organizations. This applies primarily to those provisions that relate to international rule-making and national legislative activity. The Convention obliges States to cooperate within international organizations, in particular the IMO, to prevent, reduce and control marine pollution. Other articles of the Convention indicate the need for cooperation between states in establishing global, regional norms, standards and recommended practices (clause 4 of article 210 “Pollution caused by disposal”, clause 1 of article 211 “Pollution from ships”).

A number of articles relating to enforcement refer to international norms and standards established through competent international organizations (Article 214, Enforcement of Laws and Regulations Relating to Pollution Caused by Activities on the Seabed; Article 216, Enforcement of Laws and Regulations concerning disposal"; paragraph 1 of Article 218 "Ensuring compliance by port states"; paragraph 7 of Article 220 "Ensuring compliance by coastal states"; Article 222 "Ensuring compliance with respect to pollution from or through the atmosphere"). The responsibilities of states are to implement such rules and standards through the adoption of national laws and regulations (Article 213 “Enforcement of laws and regulations relating to pollution from land-based sources”). In turn, national legal acts must be at least as effective: states adopt laws and regulations to prevent the reduction and control of marine pollution from ships flying their flag or registered with them (Article 211(2)) . Such laws and regulations must be at least as effective as or no less effective than generally accepted international norms and standards established through competent international organizations or a diplomatic conference (Article 210, paragraph 6: national laws, regulations and measures must be no less effective in preventing the reduction and keeping such pollution under control than global measures and standards) as the legal standards established by the IMO in this case. In other cases, it is required that national laws comply with the international rules established by the Convention (Article 211, paragraph 5: coastal states, for the purpose of ensuring compliance ... may adopt in relation to their exclusive economic zones laws and regulations for the prevention, reduction and control of pollution from ships, relevant generally accepted international norms and standards established through a competent international organization or general diplomatic conference, and giving effect to such norms and standards).

In addition, States must take specific actions taking into account generally accepted international standards established by the IMO (Article 60 "Artificial islands, installations and structures in the exclusive economic zone"), adhere to generally accepted international rules, procedures and practices and take all necessary measures to comply with them - clause 5 of Art. 94 "Responsibilities of the Flag State").

In taking the measures provided for above, each state is obliged to adhere to generally accepted international rules, procedures and practices and take all necessary steps to ensure compliance, ensure compliance by ships flying their flags with the requirements of international norms and standards (clause 1 of Article 217 “Ensuring compliance "flag States": States shall ensure that ships flying their flag or registered comply with applicable international rules and standards established through a competent international organization or general diplomatic conference... adopted to prevent, reduce and control pollution from ships; 2 Article 217: States shall, in particular, take appropriate measures to ensure that ships flying their flag or registered under them are prohibited from sailing until they are able to put to sea in compliance with the provisions referred to in clause 1 of the requirements of international norms and standards, including requirements for the design, construction, equipment and manning of ships).

In addition, States must take specific actions taking into account generally accepted international standards established by the IMO (Article 60); adhere to generally accepted international rules, procedures and practices and take all necessary measures to comply with them (clause 5 of Article 94); ensure compliance by ships flying their flags with the requirements of international norms and standards (clauses 1, 2 of Article 217).

In some respects, IMO standards and regulations appear to be intended to limit the legislative competence of coastal States. An example is the provision of the Convention, according to which the laws and regulations of the coastal State relating to innocent passage should not apply to the design, construction, manning or equipment of foreign ships, unless they give effect to generally accepted international rules and standards (paragraph 2 Article 21 “Laws and regulations of the coastal state relating to innocent passage”).

The application, compliance and adherence to international norms, standards, rules and procedures are, of course, intended to promote the greatest possible international unification in the regulation of merchant shipping - an activity that has a distinctly international character. In this regard, the role of the IMO itself is significantly increased in the sense that the norms and international standards developed by it could potentially limit attempts by coastal states to tighten the regime of navigation in maritime spaces under their sovereignty and jurisdiction.

Certain provisions of the Convention oblige states to notify the international community through international organizations, in particular the IMO, of various measures they take to ensure maritime safety and protection of the marine environment. This may include notifications about the current laws and rules of innocent passage (clause 3 of article 21), the boundaries of sea corridors and traffic separation schemes (clause 4 of article 22; clause 2 of article 41; clause 2 of article 52), about existing dangers for navigation in the territorial sea (clause 2 of article 24), about special measures taken to protect the environment in specially designated areas of exclusive economic zones (clause 6 of article 211), etc.

In a number of cases, the Convention provides for joint actions with the IMO. So, according to Art. 199 States cooperate with the IMO to eliminate the consequences of pollution or minimize the resulting damage.

Special attention should be paid to the provisions of the Convention that regulate the procedure for the exercise by coastal states of their rights. These include procedures governing the removal of offshore installations and structures, the establishment of safety zones around them, the designation of special areas, the designation of maritime corridors and traffic separation schemes in adjacent maritime spaces.

In such cases, the implementation of the rights of coastal states is conditioned by the corresponding volitional actions of the IMO. However, the competence of the IMO can only be exercised if the State concerned submits proposals to it, i.e. expresses the intention to establish sea lanes or traffic separation schemes.

It is important to note another aspect of the interaction between the IMO and the Convention - this aspect concerns the relative connections with judicial and arbitration authorities. Appendix VIII "Special Arbitration" contains a provision on lists of experts that are compiled and maintained in various fields by the relevant competent organizations to be involved in the consideration of the case. In the area of ​​“shipping, including pollution from ships and from dumping” - IMO.

Some aspects of the application of the 1982 UN Convention on the Law of the Sea

It should be especially noted that the Convention represents a balance of interests of large shipping, fishing, industrialized states, on the one hand, and developing, underdeveloped and, as a rule, coastal countries, on the other. The compromise reached was reflected in many articles of this agreement. On the one hand, 96 exclusive economic zones have been established, in which, according to Art. 56 of the Convention, coastal states exercise sovereign rights in relation to the exploration and development of natural resources and have jurisdiction to protect the marine environment, conduct marine scientific research and create artificial islands and structures. On the other hand, 126 states have already defined a limit for the territorial sea of ​​12 nautical miles.

In addition, the compromise lies in the fact that in exclusive economic zones freedoms of navigation, flight, laying of cables and pipelines and other types of use of the sea that are legitimate from the point of view of international law, related to these freedoms, associated with the operation of ships, aircraft and underwater cables and pipelines and compatible with the other provisions of this Convention. One could also point out the compromise nature of other provisions of the Convention.

Thus, a single package of mutual interests, rights and responsibilities of various states was created. However, the “post-convention” period is again overshadowed by attempts by a number of states to expand their rights in their exclusive economic zones, contrary to Art. 56 of the Convention. They are trying, as it were, to transplant the rights that belong to them in the territorial sea into such zones, forgetting that the latter are not part of the territory of the state and do not fall under the sovereignty of the latter.

This trend has been confirmed, in particular, in the positions of states in connection with the consideration of cases before the Tribunal. According to the Convention, the Tribunal was created to consider disputes between states regarding the interpretation or application of the Convention, violation of its provisions, arrest of ships and their release, etc.

The peculiarity of certain provisions of the Convention is that the norms contained in them are addressed to all participating states, regardless of membership in the IMO or any other competent international organizations. The scheme of legal regulation created by the convention is designed in such a way that the rights and obligations of the participating states are implemented through international norms and standards.

In turn, international norms and standards related to international shipping and environmental protection should be developed through the IMO. Numerous provisions of the Convention refer to the activities of various organizations. In some of these cases, these provisions may involve IMO working jointly with other organizations.

In Art. 237 of the Convention also contains provisions that in the field of protection and conservation of the marine environment, Part XII is without prejudice to the specific obligations assumed by states under previously concluded special conventions and agreements that relate to the protection and conservation of the marine environment.

Another aspect showing the current trend in the application of the Convention is related to the development of the draft Convention “On the Protection of Underwater Cultural Heritage”. In connection with the emerging technical possibility of lifting valuables from the seabed, the need arose for legal regulation of this type of activity. At the bottom of the Finnish territorial sea lies the Dutch ship Frau Maria, purchased by Catherine II, with a huge number of jewelry. This is evidenced by a letter from Catherine addressed to Diderot. According to some oceanographers, there are still one million sunken ships at the bottom of the oceans.

UNESCO, together with the UN Division of Oceans and the Law of the Sea and after consultation with the IMO, prepared the above-mentioned draft Convention for the Protection of the Underwater Cultural Heritage. However, experts from the Russian Federation, the USA and other countries subjected this project to serious criticism. They expressed the view that states do not have the right to regulate and authorize such activities in their exclusive economic zone or on the continental shelf, i.e. outside the 24 mile contiguous zones. Russian experts made a proposal to include in the Convention a provision on notifying the coastal state of any such activity carried out in its exclusive economic zone or on its continental shelf, and sending information to UNESCO. The last option seems to be the most preferable. A number of developing countries and some developed countries consider it possible to allow coastal states to regulate such activities on their shelves and in exclusive economic zones.

However, according to Art. 303 of the Convention (archaeological and historical objects found at sea), a coastal State may assume that the removal from the seabed without its approval of objects of archaeological and historical value within a zone of up to 24 nautical miles will result in a disturbance within its territory or its territorial sea customs, fiscal, immigration or health laws and regulations. In other words, according to the provisions of the Convention, the competence of the coastal state in this area is limited to 24 nautical miles (measured from the baselines from which the width of the territorial sea is measured).

Thus, both in the practice of the Tribunal and when considering the above draft Convention, a new trend in the application of international maritime law has emerged: the positions of not only developing, but also a number of developed countries (France, Denmark, Greece, Portugal, Ireland) do not comply with the provisions of the Convention.

Conclusion

The Convention provides a positive basis for the successful development of marine scientific research, which is the subject of a separate section. Its provisions are aimed at ensuring cooperation between states in this area and the active participation of competent international organizations in promoting research in various areas of the World Ocean (including those under the jurisdiction of coastal states).

Providing for a permit regime for research in the economic zone and on the continental shelf within 200 miles and a special procedure beyond this limit, the Convention stipulates a number of conditions for obtaining the consent of the coastal state that must be observed by the state or international organization intending to conduct research. As a general rule, the coastal state must give consent to research and can refuse this only in very limited cases and strictly defined by the Convention.

By establishing fixed and binding limits for all states on the width of the territorial sea of ​​12 nautical miles, the contiguous zone of 24 nautical miles, the exclusive economic zone of 200 nautical miles and the continental shelf, the Convention set a barrier to the spread of unjustified territorial claims of states over the high seas, which, in in turn, serves as a guarantee of ensuring the interests of shipping, including Russian.

The Convention establishes the framework for interference in foreign shipping by a coastal state in areas under its sovereignty and jurisdiction. The Convention significantly limits the right of a coastal state to stop foreign (in this case, Russian) ships and take subsequent measures against them (inspection, detention, inspection) when they commit violations of foreign laws and regulations not only in the exclusive economic zone, but also in overlapping areas. territorial sea straits. If a ship violates the laws and regulations of a coastal State relating to the prevention of pollution in the exclusive economic zone, the authorities of such State can only, as a general rule, request the relevant information from the ship, and only in the case of a very serious violation resulting in severe damage, the latter can be detained. In this regard, the so-called pre-emptive right of the flag state to initiate proceedings and punish those responsible in accordance with its legislation is very important for our fleet.

Also very important are those provisions of the Convention, according to which international norms and standards regarding the design, construction, equipment of ships and manning of ship crews, established including with the participation of Russia, take precedence over the corresponding national requirements. Vessels cannot be subject to requirements that lead to the deprivation of the right of innocent passage or its violation, and in the exclusive economic zone the coastal state has the right to establish only such laws and regulations for the prevention of pollution that comply with generally recognized international norms and standards.

Further evidence of the protection of the interests of Russian shipping is the provision that punishment outside the territorial sea (i.e. in the exclusive economic zone, on the continental shelf, in all other areas of the high seas) cannot include imprisonment, but must be limited to a fine . This is a violation of laws and regulations or applicable international norms and standards for the prevention, reduction and control of marine pollution. The same applies to violations in the territorial sea, except in cases of a deliberate and serious act of pollution.

The possibility provided by the Convention to resort to a special procedure for resolving disputes related to the detention of ships is important. The established procedure is one of the effective guarantees of protecting the interests of shipowners, since it gives participating states the right to demand the immediate release of a ship and its crew detained by the authorities of a foreign state after the presentation of a bond or other security. States parties have the opportunity to take advantage of the mechanism established by the Convention for the settlement of disputes relating to its interpretation and application, to have their representatives in the Tribunal, arbitration court, etc.

The laws adopted in the Russian Federation regulating the regime of maritime spaces comply with international standards, take into account world experience, as well as the best legal solutions developed by legislators and legal practice of other states. They specify the provisions of international treaties that have been ratified by the Russian Federation.

Principles of international law and their content.

Let us consider the content of the basic principles of international law in more detail.

1. The principle of sovereign equality of states and respect for the rights inherent in sovereignty . The concept of equality means that all states must respect the legal personality of other states;

2. In accordance with the principle of prohibition of the use of force or threat of force All states have an obligation in international relations to refrain from the threat or use of force against the territorial integrity and political independence of other states or in any other manner inconsistent with the purposes of the UN

3.According to the principle of peaceful resolution of international disputes States have an obligation to resolve their international disputes with other States by peaceful means in a manner that does not jeopardize international peace, security and justice.

4. Based on the principle of non-interference in the internal affairs of states To Each state has the right to independently choose its political, economic, social or cultural system without interference from other states. In this regard, states:

do not have the right to directly or indirectly interfere in the internal or external affairs of another state; should not encourage subversive activities aimed at changing the system of another state through violence; and must not interfere in internal struggles in another state or refrain from providing assistance to terrorist or subversive activities.

5 The principle of territorial integrity of states. States must respect each other's territorial integrity and refrain from any actions incompatible with the purposes and principles of the UN Charter.

6. The principle of inviolability of borders. States consider all borders of each other and the borders of all states as inviolable.

7. The principle of respect for human rights. Respect for human rights and freedoms- an integral part of a comprehensive system of international security. States have an obligation to respect human rights and fundamental freedoms for everyone, without distinction as to race, gender, language or religion.

8. The principle of the right to self-determination of peoples and nations . All peoples have the right to freely determine, without outside interference, their political status and their economic, social and cultural development.

9. The principle of cooperation between states . States must cooperate with each other in accordance with the purposes and principles of the UN. By developing cooperation, states must promote mutual understanding and trust, friendly relations among themselves, and improve the well-being of peoples.

10. According to the principle of faithful fulfillment of international obligations states are obliged to fulfill their international obligations in good faith. In the exercise of their sovereign rights, including the right to make laws and administrative regulations, States must be consistent with their obligations under international law.

Types of zones in maritime law, concepts, sizes, distribution of jurisdictions.

Convention on the Law of the Sea 1982

Inland waters…

Inland waters are the part of the sea located between the coast and the baseline.

Jurisdiction of inland waters...state rules apply.

Territorial waters…

The territorial sea is that part of the sea 12 nautical miles (22.2 kilometers) wide, measured from the low tide line or baseline.

Jurisdiction of inland waters...legislation as a general rule, the laws of the state apply.

Adjacent area...

Adjacent zone- this is a part of the sea, 12 nautical miles (22.2 kilometers) wide, measured from the boundary of territorial waters (or 24 miles, if measured from the baselines).

Jurisdiction of the contiguous zone... a State has the right to exercise control to prevent violations of customs, fiscal, immigration or sanitary regulations within its territory or territorial sea or to impose penalties for such violations.

Exclusive economic zone…

Exclusive economic zone- a part of the sea 200 nautical miles (370.4 kilometers) wide, measured from the low tide line or from the baseline.

The exclusive economic zone includes waters, the seabed and its subsoil. The width of the zone cannot exceed 200 nautical miles, measured from the same baselines from which the width of the territorial sea is measured. More than 100 states have defined their 200-mile-wide zones.

Jurisdiction of I.E.Z… the coastal state exercises sovereign rights determined by international law. These include the rights to: a) explore, develop and conserve natural resources, both living and non-living; b) laying cables and pipelines; c) other types of activities to use the zone for economic purposes, for example, energy production through the use of water, currents, wind, the formation of islands.

Continental shelf...

continental shelf is 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.

Jurisdiction…the legal regime exclusively of the state

Open sea…

The open sea is a maritime space located outside the territorial, archipelagic and internal waters and exclusive economic zones of any state and is in the free and equal use of all states in accordance with the principles and norms of international law.

Jurisdiction….high seas (international law)

Freedom to extract resources

2) freedom of flight

3) freedom of take-off and landing

4) freedom of navigation

5) laying cables and pipelines

6) artificial island mounds

This Convention, which was the result of extensive and painstaking work by many subjects of international law, is one of the largest general multilateral treaties in the entire history of international relations. The 1982 Convention consists of 17 parts, including 320 articles and 9 annexes. On November 16, 1994, after the expiration of 12 months from the date of deposit of the sixtieth instrument of ratification, the Convention, in accordance with Art. 308 came into force. Ukraine has been participating in the 1982 Convention since 1999.

The 1982 Convention confirms and complements a number of provisions of the Geneva Conventions on the Law of the Sea of ​​1958 and introduces new norms and institutions that reflect modern development trends in the development of the World Ocean. For the first time, the Convention established by agreement the maximum permissible width of the territorial sea - 12 nautical miles. It confirmed and detailed the right of peaceful passage of foreign ships through the territorial sea. The Convention introduced a new institution - archipelagic waters, which applies to archipelagic states. The Convention sets out the rules for transit passage through international straits, making it possible to exercise freedom of navigation and flights through them. Quite new is the institution of an exclusive economic zone, within which the coastal state is granted sovereign rights in relation to the exploration, development and conservation of natural resources located on the seabed, in its subsoil and in the covering waters, and their management, as well as in relation to other types of economic activities . The Convention confirmed the basic rules regarding the continental shelf and clarified this institution, in particular, it clearly defined the outer limit of the continental shelf.

For the first time in treaty practice, the status of a vast territory was determined - the seabed area outside the continental shelf (the "Area"). The procedure for regulating research activities and the use of its resources has been determined.

The Convention significantly expanded the list of freedoms of the high seas, including, along with the traditional freedoms of navigation, fishing, flight, laying cables and pipelines, also the freedom to build artificial islands, installations and structures permitted in accordance with international law, and to carry out marine scientific research. The Convention contains a block of rules regulating the conduct of marine scientific research, as well as a group of rules aimed at ensuring the protection and conservation of the marine environment.

The Convention contains a detailed mechanism for resolving disputes related to the interpretation and application of its rules.

An important provision of the 1982 Convention in ensuring universal peace and security is the reservation of the high seas for peaceful purposes.

Due to the fact that the Convention has codified a number of customary rules, these rules continue to apply to states that are not parties to it.

In general, it can be stated that the 1982 UN Convention on the Law of the Sea is an important historical stage in the codification and progressive development of international law, and is aimed at the stable development of international relations in connection with the activities of subjects of international law in the World Ocean.

Inland sea waters

Internal sea waters are the coastal sea waters of a state, which are subject to its sovereignty and jurisdiction in full. These include the waters of seaports, bays, bays, lips, estuaries, historical waters, as well as waters located towards the coast from the baselines from which the width of the territorial sea is measured.

The outer boundary of the internal sea waters of the ports is a straight line connecting the most distant points of the port facilities towards the sea. A bay is a well-defined depression of the coast that juts into the land and includes land-locked waters; Moreover, such a depression forms something more than a simple curve of the coast. With the width of the entrance to the bay at low tide less than 24 miles, the entire bay belongs to the internal waters of the coastal state. This rule does not apply to bays that have an entrance width greater than 24 miles but are considered historic waters. Such bays, in particular, include Bristol Bay (Great Britain), Hudson Bay (Canada), Delaware Bay (USA), and Peter the Great Bay (Russia). According to the legislation of Russia (Law of the Russian Federation “On the State Border” of 1993), seas can also be considered historical waters (clause 4 “d” of Article 5)1. However, this provision has not received international recognition2.

Canadian professor D. Faran notes that the main criteria for classifying sea waters as historical are the following: “(1) exclusive power and control over such a sea area, including the expulsion of foreign ships from it if necessary; (2) long-term use or termination for a long time, although the length of the specific period depends on the circumstances; (3) the tacit consent of other states, especially those whose interests may be affected by this status."

The main distinguishing feature of the legal status of historical waters, as well as internal sea waters in general, is that within their boundaries foreign ships enjoy the right of innocent passage. The coastal state, by its regulations, determines their legal regime, in particular, establishes the procedure for the entry of foreign ships into internal sea waters.

Foreign ships in internal sea waters must adhere to the laws and other rules established by the coastal state regarding immigration, customs, sanitary control, navigation safety, and environmental protection. Foreign merchant ships4 that are located in the internal sea waters of a coastal state are subject to the criminal, civil and administrative jurisdiction of the coastal state.

Criminal jurisdiction. Since internal sea waters are part of state territory, crimes committed on board foreign merchant ships located within these waters are generally subject to the jurisdiction of the coastal state. However, in practice, often by virtue of bilateral treaties, the judiciary of the coastal State does not exercise criminal jurisdiction over crimes of this nature unless they are prejudicial to the peace and good order, unless the intervention is an international obligation of the coastal State or unless otherwise requested by diplomatic or consular officials flag state of the ship.

Foreign merchant ships should not be used as a refuge for persons being prosecuted by the authorities of a coastal State for a crime.

Civil jurisdiction. The judicial authorities of a coastal state may consider civil claims against a foreign merchant ship and property on board while the ship is in port. The exercise of civil jurisdiction over a foreign merchant vessel may include the detention or arrest of the vessel for the purpose of securing claims or enforcing judicial or arbitral awards. The decision on detention or arrest is made by the competent judicial authority of the coastal state. In the mid-90s of the XX century. Several Ukrainian merchant ships, which mainly belonged to the Black Sea Shipping Company, were arrested in foreign ports in order to secure the claims of foreign creditors before the shipping company.

In this regard, it should be noted that in 1999 the International Convention on the Arrest of Ships was adopted, according to which a ship can be arrested or released from arrest only by order of the court of the state party in which the arrest is imposed. A ship may be arrested to obtain security notwithstanding that, pursuant to a jurisdictional (or arbitral) caveat under the relevant treaty or otherwise, the maritime claim for which the arrest is imposed must be heard in a court of a State other than the State in which seizure is imposed, either in arbitration, or in accordance with the law of another state.

As a general rule, coastal states do not intervene in civil disputes between crew members of a foreign merchant vessel.

In relation to labor relations between members of the crew of a foreign merchant ship, then, in principle, they fall under the jurisdiction of the coastal state. However, in practice, coastal states usually do not intervene in such disputes, unless the dispute concerns wages or performance of duties on board the ship, unless otherwise provided by the relevant treaty.

Administrative jurisdiction. Basically, the norms of administrative law establish the regime for the stay of foreign ships in the internal sea waters of a coastal state.

According to these rules, foreign vessels, both public and private, are required to submit to the administrative jurisdiction of the coastal state in full. First of all, this concerns the implementation of customs and sanitary rules, as well as measures to control the safety of ships, the protection of human life, and the admission of foreigners. It should be noted that foreign warships are exempt from customs inspection.

Coastal states have always paid special attention to regulating the entry of foreign warships into internal sea waters and ports. The legislation of most states establishes a permitting procedure for the entry of foreign warships into internal waters and ports. According to this procedure, the interested state, through diplomatic channels, no later than a certain period of time, must send a request to the state whose ports its ships are supposed to go to, and receive appropriate permission for this.

Currently, due to the intensive development of international shipping, there is a tendency to limit the jurisdiction of the coastal state in relation to foreign ships located in its internal waters. A proposal was put forward on the need to conclude a convention on internal sea waters, which would contain basic legal provisions common to all states, developed by international practice, and national law would specify and detail them.