International maritime law principles institutions. International maritime law: concept, sources and principles

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1. The concept of international maritime law

In view of the uniqueness of maritime activities, the vast majority of the norms of international maritime law are not found in other areas of international legal regulation. Such are the freedom of navigation on the high seas, the right of innocent passage of ships through the territorial waters of foreign states, the right of unhindered transit passage of ships and the flight of aircraft through the straits used for international navigation, etc. Some of the norms of international maritime law are considered as its principles in view of of great importance for the regulation of maritime activities. Let us point out, in particular, the principle of freedom of navigation for all ships of all states on the high seas. This principle has a certain impact on the content of the legal regime of territorial waters, exclusive economic zones, international straits and some other maritime spaces. It is also worth noting the fundamental provision established by the 1982 UN Convention on the Law of the Sea that all maritime areas and zones outside territorial waters are reserved by the convention for peaceful use.

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

International maritime law is one of the most ancient parts of international law, which has its roots in the era of the ancient world. But its codification was first carried out only in 1958 in Geneva by the I UN Conference on the Law of the Sea, which approved four conventions: on the territorial sea and the contiguous zone; about the open sea; on the continental shelf; on fishing and protection of living resources of the sea. These conventions are still valid for the states participating in them. The provisions of these conventions, to the extent that they declare universally recognized norms of international law, in particular international customs, must be respected by other states as well. But at the same time, it must be borne in mind that soon after the adoption of the Geneva Conventions on the Law of the Sea of ​​1958, new factors of historical development, in particular the emergence in the early 60s of a large number of independent developing states that demanded the creation of a new maritime law that meets the interests of these states, as well as the emergence as a result of the scientific and technological revolution of new opportunities for the development of the oceans and its resources, led to profound changes in international maritime law. These changes are reflected in the 1982 UN Convention on the Law of the Sea; which was signed by 157 states, as well as by the EEC and, on behalf of Namibia, the UN Council for Namibia. This convention has gained 60 ratifications necessary for its entry into force, and from November 16, 1994 it will become mandatory for its participants. Many other states observe it in practice. In addition to the above conventions, international maritime law includes a significant number of other international agreements and international customs.

2. Classification of maritime spaces

The belonging of a part of the World Ocean to one of the specified types of maritime spaces thus determines the legal status, or legal status, of this part of the sea. The legal status of any maritime space has a great impact on the procedure for establishing and maintaining the legal regime governing activities in this space. At the same time, of course, other circumstances are also taken into account, in particular the importance of the relevant maritime space for communications and various kinds cooperation between states.

The territory of a country with a sea coast includes parts of the sea located along its coasts and are called internal sea waters and territorial sea (or territorial waters - both terms are equivalent). The territory of states consisting entirely of one or more archipelagos includes archipelagic waters located between islands within the archipelago.

Inland sea waters, territorial sea and archipelagic waters are only a small part of the oceans. The vast expanses of seas and oceans outside them are not part of the territory and are not subject to the sovereignty of any of the states, that is, they have a different legal status. However, the classification of maritime spaces solely on the basis of their legal status is not exhaustive. As practice shows, two, and sometimes more, maritime spaces that have the same legal status, nevertheless, have different legal regimes that regulate the respective activities in each of them. The legal regime of internal maritime waters differs in some important respects from the legal regime of the territorial sea, and the legal regime of archipelagic waters does not coincide with the legal regime of either internal waters or the territorial sea, although all these three parts of the sea waters are considered respectively the waters of a coastal state, that is, they have uniform legal status. An even more variegated picture can be observed within the framework of maritime spaces that do not fall under the sovereignty of any of the states and are outside the territorial waters. They consist of areas that differ from each other in a specific legal regime (contiguous zone, exclusive economic zone, continental shelf, etc.).

These circumstances are taken into account when classifying maritime spaces.

A separate type of maritime space is the straits used for international navigation. Within their limits there are waters that have not only different legal regimes, but also different legal status. Therefore, these straits themselves are divided into a number of categories.

The situation with some of the most important sea channels is peculiar. They, being artificial structures of the coastal state and its internal waters, due to their great importance for international navigation, are subject to a specific international legal regime.

Thus, the legal classification of maritime spaces should be carried out taking into account the legal status and features of the legal regime of a particular maritime space. This approach is in keeping with the historical tradition and is also based on the 1982 Convention on the Law of the Sea.

3. Inland sea waters

The internal maritime waters of a coastal state are also considered to be: 1) water areas of ports, limited by a line passing through the points of hydraulic engineering and other port structures that are the most distant towards the sea; 2) a sea completely surrounded by the land of one and the same state, as well as a sea, the entire coast of which and both banks of the natural entrance to it belong to the same state (for example, the White Sea); 3) sea bays, bays, estuaries and gulfs, the coasts of which belong to the same state and the width of the entrance to which does not exceed 24 nautical miles.

In the event that the width of the entrance to the bay (bay, bay, estuary) is more than 24 nautical miles, to count the internal sea waters inside the bay (bay, bay, estuary), a straight baseline of 24 nautical miles is drawn from coast to coast in such a way that so that the largest possible expanse of water is limited by this line.

The above rules for counting inland waters in bays (bays, bays and estuaries) do not apply to "historical bays", which, regardless of the width of the entrance to them, are considered inland waters of a coastal state by virtue of historical tradition. Such "historical bays" include, in in particular, in the Far East, Peter the Great Bay to the line connecting the mouth of the Tyumen-Ula River with Cape Povorotny (the width of the entrance is 102 nautical miles). The status of Peter the Great Bay as a "historical bay" was determined by Russia in 1901 in the rules of sea fishing in the territorial waters of the Amur Governor General, as well as in the agreements of Russia and the USSR with Japan on fisheries in 1907, 1928 and 1944.

Canada considers Hudson Bay its historical waters (the width of the entrance is about 50 nautical miles). Norway - Varanger Fjord (entrance width 30 nautical miles), Tunisia - Gulf of Gabes (entrance width about 50 nautical miles).

In our doctrine, the opinion was expressed that the Siberian seas such as the Kara, Laptev, East Siberian and Chukchi can be attributed to historical maritime spaces, since these ice bays have been mastered for navigation and have been maintained in a navigable state over a long historical period by the efforts of Russian sailors and are of incomparable importance for the economy, defense and protection of the natural environment of the Russian coast. Navigation along the Northern Sea Route, which runs along the above Siberian seas and is equipped with great efforts of our country and our seafarers, is regulated as navigation along the national sea route on a non-discriminatory basis. By the Decree of the Council of Ministers of the USSR of July 1, 1990, the Northern Sea Route is open to ships of all flags, subject to certain rules, in particular those relating to mandatory icebreaking and pilotage of ships due to the difficult navigation situation and in order to ensure the safety of navigation in some Arctic regions located within routes of the Northern Sea Route.

The legal regime of internal maritime waters is established by the coastal state at its discretion. In particular, navigation and fishing in inland sea waters, as well as scientific and prospecting activities, are regulated exclusively by the laws and regulations of the coastal State. In these waters, foreigners are generally forbidden to engage in any trades and research activities without special permission. As a rule, any foreign ships can enter the internal waters of another state with the permission of the latter. The exceptions are cases of forced entry of ships due to natural disasters, as well as the waters of open ports.

Legal regime of seaports. The water areas of seaports are part of inland sea waters. Therefore, the coastal state has the right to determine the order of access to its ports for ships of other countries, as well as the procedure for their stay there. It has the right, as a sovereign, to decide whether or not to open one or another of its ports for the entry of foreign ships. This international custom was confirmed by the Convention on the Regime of Sea Ports, concluded in Geneva in 1923. About 40 coastal states are its participants.

Nevertheless, in the interests of the development of international relations, the coastal states open many of their commercial ports to the free entry of foreign ships without discrimination.

According to the International Convention for the Safety of Life at Sea of ​​1974, entry into seaports of foreign nuclear ships requires advance information to be provided to the relevant coastal state that such entry will not endanger nuclear safety. Calling at seaports by foreign warships requires an invitation from the coastal state or prior permission, and in some countries notification of the coastal state is required.

All ships during their stay in foreign ports are required to comply with laws and regulations, as well as orders of the authorities of the coastal state, including on issues of border, customs, sanitary regimes, collection of port dues, etc. Usually, states conclude agreements on trade and navigation, which determine the order of entry and the legal regime of stay in the ports of merchant ships of the contracting states. When servicing foreign ships and rendering services to them in ports, one of two principles is applied: national treatment (provision of treatment enjoyed by domestic ships) or most favored nation (provision of conditions no worse than those enjoyed by ships of any most favored third state) .

The resolution of criminal cases relating to seamen and other persons on board foreign ships while they are in ports, and civil cases related to the said ships themselves, their crews and passengers, shall fall within the competence of the judicial institutions of the coastal state. Usually, the authorities of the coastal state refrain from exercising criminal jurisdiction over seafarers of foreign merchant ships in cases where this is not caused by the interests of the coastal state, that is, when offenses committed on board a foreign merchant ship are not of a grave nature, do not affect the interests of citizens of the coastal state , do not violate public peace or public order in it or its safety, do not affect the interests of persons who do not belong to the composition of the crew of this vessel.

According to international custom and practice of states, in internal waters on foreign ships, the internal regulations (in particular, relations between the captain and the crew of the ship) are regulated by the laws and regulations of the country whose flag the ship flies.

In 1965, the Convention to Facilitate International Navigation was concluded, which contains recommended standards and practices for simplifying and reducing the formalities and documents related to the entry of ships into, stay in and out of foreign ports.

Warships lawfully in a foreign port enjoy immunity from the jurisdiction of the coastal state. But they are obliged to comply with the laws and regulations of the coastal state, as well as the relevant norms of international law (prohibition of the threat or use of force, non-intervention, etc.).

State maritime non-military vessels, including merchant ones, on the basis of a historically established long-standing custom, also enjoyed immunity from foreign jurisdiction at sea. However, the 1958 Geneva Conventions on the territorial sea and the contiguous zone, as well as on the high seas, as well as the 1982 UN Convention on the Law of the Sea, in contrast to this custom, recognize immunity only for state ships operated for non-commercial purposes.

The legislation of a number of states, in particular the United States, also includes significant restrictions on the immunity of foreign government merchant ships. At the same time, a number of bilateral treaties on merchant shipping concluded by the USSR (with Ghana, Angola and some other countries) contained provisions on the recognition of immunity for all state courts.

4. Territorial sea

The sovereignty of a coastal state extends to the surface and subsoil of the bottom of the territorial sea, as well as to the airspace above it. The provisions on the extension of the sovereignty of a coastal State over the territorial sea are contained in Art. 1 and 2 of the 1958 Convention on the Territorial Sea and the Contiguous Zone and Art. 2 of the 1982 UN Convention on the Law of the Sea. Naturally, in the territorial sea, the laws and regulations established by the coastal state apply.

In the territorial sea, the sovereignty of the coastal state is exercised, however, with respect for the right of foreign ships to enjoy innocent passage through the territorial sea of ​​other countries.

Recognition of the right of innocent passage of foreign ships through the territorial sea distinguishes the latter from internal maritime waters.

Width of the territorial sea. The normal baseline for measuring the breadth of the territorial sea is the low tide line along the coast. In places where the coastline is deeply indented and meandering, or where there is a chain of islands along the coast and in close proximity to it, the method of straight baselines connecting the corresponding points can be used to draw the baseline.

When drawing baselines, no noticeable deviations from the general direction of the coast are allowed. In addition, the system of straight baselines cannot be applied by a State in such a way that the territorial sea of ​​another State is cut off from the high seas or exclusive economic zone.

During the 19th century and until the middle of the 20th century, an international custom developed according to which the line of the outer limit of the territorial sea could be within the limits of 3 to 12 nautical miles from the baselines for measuring the territorial sea. The International Law Commission noted in 1956 that "international law does not permit the extension of the territorial sea beyond 12 miles." However, the First UN Conference on the Law of the Sea, due to disagreements between states, failed to fix this provision in the Convention on the Territorial Sea and Contiguous Zone adopted by it. Only the 1982 UN Convention on the Law of the Sea for the first time in a contractual manner declared as a universal norm of international law the provision that “each state has the right to establish the width of its territorial sea up to a limit not exceeding 12 nautical miles”, measured from the baselines established by it . Currently, over 110 states have established the breadth of the territorial sea up to 12 nautical miles. However, about 20 states have a width that exceeds the limit set by international law. And more than 10 of them (Brazil, Costa Rica, Panama, Peru, El Salvador, Somalia and some others) have expanded their territorial waters up to 200 nautical miles by unilateral legislative acts adopted before the UN Convention on the Law of the Sea. Apparently, the entry into force of the Convention on the Law of the Sea or its actual implementation by the vast majority of states can contribute to the solution of the problem that has arisen in this way.

The delimitation of the territorial sea between opposite or adjacent states, in appropriate cases, is carried out according to agreements between them, taking into account the specifics of each case. In the absence of such an agreement, the coastal States may not extend their territorial sea beyond the median line.

Innocent passage of foreign ships through the territorial sea. The 1958 Convention on the Territorial Sea and the Contiguous Zone and the 1982 United Nations Convention on the Law of the Sea provide for the right of innocent passage through the territorial sea for foreign ships. Passage through the territorial sea is understood as the navigation of ships with the aim of: a) crossing this sea without entering internal waters, as well as without standing in the roadstead or in a port facility outside internal waters; b) to pass into or out of inland waters, or to stand in a roadstead or in a port facility outside inland waters. The passage of a foreign ship through the territorial sea is considered peaceful unless the peace, good order or security of the coastal state is violated by it.

The United Nations Convention on the Law of the Sea specifies, in particular, that the passage is not peaceful if the passing vessel allows the threat or use of force against sovereignty, territorial integrity or the political independence of the coastal State, or in any other way, in violation of the principles of international law embodied in the Charter of the United Nations, carries out maneuvers or exercises with weapons of any kind, any act intended to affect the defense or security of the coastal State, as well as any other act not having direct relation to the passage (lifting and landing of aircraft, unloading and loading of goods, currencies, persons, sea pollution, fishing, etc.).

The coastal state has the right to take in its territorial sea the necessary measures to prevent passage that is not peaceful. It may also, without discrimination between foreign ships, temporarily suspend, in certain areas of its territorial sea, the exercise of the right of innocent passage of foreign ships if such suspension is essential to the protection of its security, including the conduct of exercises with weapons. Such suspension shall take effect only after due notification of it (by diplomatic means or through Notices to Mariners, or otherwise). According to the Convention, when exercising the right of innocent passage through the territorial sea, foreign ships are obliged to comply with the laws and regulations adopted by the coastal state in accordance with the provisions of the Convention and other norms of international law. These rules may concern: the safety of navigation and the regulation of vessel traffic; conservation of resources and prevention of violation of fishing regulations of the coastal state; environmental protection; marine scientific research and hydrographic surveys; customs, sanitary, fiscal and immigration regimes.

Coastal State regulations should not, however, apply to the design, construction, manning or equipment of foreign ships unless they give effect to generally accepted international norms and standards. Consequently, the coastal State cannot, at its own discretion, determine specifications ships passing through its territorial sea, or the procedure for manning their crews, and on this basis regulate the right of innocent passage.

But foreign vessels must comply with all laws and regulations, as well as generally accepted international rules regarding the prevention of collision at sea, when passing.

The coastal State, if necessary and taking into account the safety of navigation, may require foreign ships exercising the right of innocent passage through its territorial sea to use sea lanes and traffic separation schemes that it may establish or prescribe (taking into account the recommendations of competent international organizations). The requirement to strictly follow such sea lanes may be imposed on tankers or nuclear-powered ships or ships carrying poisonous or dangerous substances and materials.

Foreign ships may not be subject to any dues solely for their passage through the territorial sea.

Criminal and civil jurisdiction over merchant ships and government ships operated for non-commercial purposes. The criminal jurisdiction of a coastal State shall not be exercised on board a foreign ship passing through the territorial sea to arrest any person or to investigate any crime committed on board the ship during its passage, except in the following cases:

• a) if the consequences of the crime extend to the coastal State;
• b) if the committed crime disturbs the peace in the country or good order in the territorial sea;
• c) if the ship's captain, diplomatic agent or consular officer of the flag state applies to the local authorities with a request for assistance;
• d) if such measures are necessary to prevent illegal trade in narcotic drugs or psychotropic substances.

A coastal State shall not stop a foreign ship passing through the territorial sea or change its course for the purpose of exercising civil jurisdiction over a person on board. It may apply to such a vessel foreclosure or arrest in any civil matter only on account of obligations or liability assumed or incurred by that vessel during or for its passage through the waters of a coastal state. A coastal state may exercise civil jurisdiction over a foreign ship that is anchored in the territorial sea or passing through the territorial sea after leaving internal waters.

Government vessels used for non-commercial purposes enjoy immunity from the criminal and civil jurisdiction of the coastal State. The Convention on the Territorial Sea and the Contiguous Zone and the UN Convention on the Law of the Sea provide for the right of innocent passage of foreign warships through the territorial sea. However, the first gave its participants the right to make reservations, including regarding the innocent passage of warships, while the second does not allow such reservations, but contains a clear regulation of innocent passage, as mentioned above.

Warships in the territorial sea, as in other areas of the World Ocean, enjoy immunity from the actions of the authorities of the coastal state. But if a foreign warship fails to comply with the laws and regulations of the coastal State relating to passage through the territorial sea, and ignores any request made to it to comply with them, the coastal State may require it to immediately leave the territorial sea. This convention requirement, of course, must be immediately implemented, and any issues arising in connection with this must be resolved diplomatically. Such questions arose, in particular, in 1986 and 1988 in connection with the entry of US Navy warships into the then Soviet territorial waters in the Black Sea. As a result, the parties agreed in 1989 on a "single interpretation of the norms of international law" governing innocent passage.

In accordance with this document, they, along with other provisions, agreed to consider that in areas of the territorial sea where sea lanes or traffic separation schemes are not prescribed, ships nevertheless enjoy the right of innocent passage. In a concurrent exchange of letters, the United States stated that, without prejudice to its common position on the issue of peaceful passage, "it has no intention of allowing peaceful passage of American warships through the territorial sea of ​​the Soviet Union in the Black Sea."

5. Maritime spaces outside the territorial sea

This process turned out to be lengthy and complex, and it arose as a result of the need for states to exercise freedom of maritime communication for the exchange of manufactured goods and access to overseas sources of raw materials.

Ideas about the free use of the sea and the inadmissibility of the spread of the power of individual states to the seas and oceans were expressed quite widely as early as the 16th-17th centuries. This point of view received the deepest substantiation for those times in the book of the outstanding Dutch lawyer Hugo Greece "The Free Sea" (1609). But the principle of freedom of the high seas received universal recognition only at the beginning of the 19th century. Great Britain prevented its universal approval for a long time, claiming, often not without success, the role of "mistress of the seas".

For several centuries, the freedom of the high seas was understood primarily as the freedom of navigation and sea fishing. But over time, the content of the concept of freedom of the high seas was refined and changed, although the open sea itself remained not subject to any of the states. In connection with the achievements of science and technology and the emergence of new types of activities of states in the oceans, the traditional freedoms of the high seas in the second half of the 19th and early 20th centuries were significantly expanded and replenished. They began to include the freedom to lay underwater telegraph and telephone cables, as well as pipelines, along the bottom of the seas, and the freedom to fly in the airspace over the open sea.

The concepts that had developed by the middle of the 20th century, as well as the provisions that make up the legal regime of the high seas, were declared in the 1958 Convention on the High Seas. It stated: “The words ‘high seas’ mean all parts of the sea which are not included in either the territorial sea or the internal waters of any State” (Article 1). It further stated that “no State has the right to claim subordination of any part of the high seas to its sovereignty" and "the high seas are open to all nations", that is, it is in the free use of all states. Revealing the content of the last provision, the Convention determined that the freedom of the high seas includes, in particular: 1) freedom of navigation 2) freedom of fishing 3) freedom to lay submarine cables and pipelines and 4) freedom to fly over the high seas (art. 2) Freedom of the high seas also included freedom of marine scientific research However, new historical developments led to the adoption in 1982 of a comprehensive United Nations Convention on the Law of the Sea The new Convention introduced a number of major changes to the legal regime of the high seas, giving coastal states the right to establish pour outside the territorial sea in the area of ​​the high seas adjacent to it an exclusive economic zone up to 200 nautical miles wide, in which the sovereign rights of the coastal state to explore and exploit the natural resources of the zone are recognized. The freedom of fishing and the freedom of scientific research in the exclusive economic zone were abolished and replaced by new provisions. The coastal state was given jurisdiction over the preservation of the marine environment and the creation of artificial islands and installations.

The UN Convention on the Law of the Sea, in addition, redefined the concept of the continental shelf, introduced the concept of "the area of ​​the seabed beyond the continental shelf", and also established the procedure for the exploration and development of natural resources within these spaces.

Legal regime of maritime spaces outside the territorial sea. While granting coastal states a number of very significant rights to resources, protection of the marine environment and regulation of scientific research within the exclusive economic zone, the UN Convention on the Law of the Sea, however, did not change the legal status of maritime spaces outside the territorial sea, confirming that no state has the right to claim to subjugate these spaces to their sovereignty. She retained in them, in addition, for all states the right to use the freedoms of navigation and flights, the laying of submarine cables and pipelines and other internationally legalized rights and uses of the high seas (Articles 58, 78, 89, 92, 135, etc. ).

In maritime spaces beyond the outer boundary of territorial waters, ships, as before, are subject to the exclusive jurisdiction of the state whose flag they fly. No foreign military, frontier or police ship or any other foreign vessel has the right to prevent the ships of other states from legally enjoying the freedoms of the high seas or to apply coercive measures against them. From this principle strictly limited exceptions are allowed, applied in specific cases clearly defined by international law.

These exceptions, accepted by all States, are intended to ensure compliance in these parts of the World Ocean with the norms of international law and the safety of navigation in the general interest. Thus, outside the territorial waters, a warship or military aircraft of any state, as well as other ship and aircraft authorized for this purpose by their state, can seize a pirate ship or a pirate aircraft, arrest persons on them for subsequent prosecution in a judicial the order of those guilty of committing acts of piracy on the high seas - violence, detention or robbery carried out by the crew for personal purposes.

In addition to the above cases, the search or detention of a foreign vessel may take place here on the basis of a specific agreement between states. As an example, let us mention the current International Convention on the Protection of Submarine Cables of 1984, which provides military and patrol vessels of the states participating in the Convention to stop non-military ships flying the flag of the states parties to the Convention on suspicion of damage to a submarine cable, and also draw up reports on violations of the Convention. Such protocols are transferred to the state, under the flag of which the infringing vessel flies, in order to bring it to justice. The UN Convention on the Law of the Sea also provides for the obligation of states to cooperate in stopping the transport of slaves on ships, the illegal trade in drugs and psychotropic substances carried out by ships on the high seas in violation of international conventions, and unauthorized broadcasting from the high seas in violation of international obligations.

However, if the detention or search of a ship or aircraft on suspicion of unlawful acts is found to be unjustified, then the detained ship must be compensated for any loss or damage. This provision also applies to the right of prosecution.

International law has traditionally recognized the right of a coastal state to prosecute or arrest on the high seas a foreign ship that violates its laws and regulations while that ship is in the internal waters, territorial sea or adjacent zone of that state. This right is extended by the UN Convention on the Law of the Sea to violations of the laws and regulations of a coastal state relating to the continental shelf and the exclusive economic zone. The pursuit must be carried out in "hot pursuit", that is, it may begin at the moment when the intruder is respectively in the internal waters, territorial sea, contiguous zone, in the waters covering the continental shelf, or in the exclusive economic zone of the coastal state, and must carried out continuously. At the same time, pursuit "in hot pursuit" ceases as soon as the pursued vessel enters the territorial sea of ​​its country or a third state. The continuation of pursuit in another's territorial sea would be incompatible with the sovereignty of the state to which that sea belongs.

Warships, as well as ships owned by the state (or operated by it) and consisting of public service, beyond the outer limit of the territorial sea, enjoy complete immunity from coercive action and the jurisdiction of any foreign state.

The use of maritime spaces for peaceful purposes and ensuring the safety of navigation. The United Nations Convention on the Law of the Sea has established that sea waters beyond the territorial sea and the international seabed area are reserved for peaceful uses. At the very least, this means that states should not allow any aggressive, hostile or provocative actions against each other in the indicated sea areas. A number of other international agreements, which are partly or wholly aimed at solving this problem, also contribute to ensuring peaceful activities and peaceful relations on the seas and oceans. These include, in particular, the Treaty on the Ban on Tests of Nuclear Weapons in the Atmosphere, Outer Space and Under Water of 1963, the Treaty on the Prohibition of the Placement of Nuclear Weapons and Other Types of Weapons of Mass Destruction on the Bottom of the Seas and Oceans and in their Subsoil of 1971, the Convention on the prohibition of military or any other hostile impact on the natural environment of 1977, as well as the Treaty on the Establishment of a Nuclear-Free Zone in the South Pacific of 1985 (Treaty of Rarotonga).

Bilateral agreements concluded by the Soviet Union with the USA, Great Britain, Germany, Italy, France, Canada and Greece on the prevention of incidents at sea outside territorial waters are in force here. These agreements require the warships of the parties to the agreements to be at all times at a sufficient distance from each other to avoid the risk of collisions, they oblige warships and aircraft not to launch simulated attacks or simulated use of weapons, not to maneuver in areas of heavy shipping, and also not allow certain other actions that could lead to incidents at sea and in the airspace above it. Actions prohibited by agreements should also not be applied to non-military ships and aircraft.

In addition to the military side, the safety of navigation includes other aspects related to the protection of human life at sea, the prevention of collisions of ships, rescue, construction and equipment of ships, manning, use of signals and communications. In particular, maritime states have repeatedly concluded, taking into account the development and changes in the conditions of navigation, agreements on the protection of human life at sea. The latest version of the Convention for the Safety of Life at Sea was approved at a conference convened by the Intergovernmental maritime organization(since 1982 - International Maritime Organization) in London in 1974. The Convention and its Protocol of 1978 establish mandatory provisions relating to the design of ships, fire safety, life-saving equipment sufficient to provide for all passengers and members of the ship's crew in the event of an accident or danger, crew composition, navigation rules for nuclear ships, etc. To the Convention 1974 and the 1978 Protocol were subsequently amended to take into account technical developments in this field.

The current International Ship Collision Avoidance Regulations were adopted in 1972. They define the procedure for using signals (flag, sound or light), the use of radar, the divergence and speed of ships when they approach each other, etc. Rescue at sea is regulated by the 1979 Search and Rescue Convention and the 1989 Rescue Convention.

General provisions relating to the obligations of a State with regard to ensuring the safety of navigation of ships flying its flag, providing assistance and liability in the event of a collision are contained in the 1958 High Seas Convention and the 1982 United Nations Convention on the Law of the Sea. Since the mid-80s of the current century, cases of committing criminal acts against the safety of maritime navigation, which are classified as terrorism at sea, have become more frequent (seizure of a ship by force or by threat of force, murder or hostage-taking on hijacked ships, destruction of equipment on ships or their destruction). Such acts are committed in internal waters, in the territorial sea and beyond. These circumstances prompted the international community to conclude in 1988 the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts against Fixed Platforms on the Continental Shelf. These agreements provide for measures to combat terrorism at sea, entrusting their participants with the implementation of these measures.

Marine environment protection. Fundamentally important provisions formulating the obligations of states to protect and preserve the marine environment are contained in the UN Convention on the Law of the Sea. They relate to the prevention and reduction of pollution of the marine environment from land-based sources, from activities on the seabed, pollution from ships, as well as through the disposal of toxic, noxious and poisonous substances or pollution from or through the atmosphere.

States have concluded special conventions to combat oil pollution of the sea. These are, in particular, the Convention for the Prevention of Marine Pollution by Oil of 1954, the Convention on Civil Liability for Damage from Marine Pollution by Oil of 1969, the International Convention on Intervention on the High Seas in Cases of Accidents Resulting in Marine Pollution by Oil of 1969, which in 1973 was supplemented by the Protocol on Intervention on the High Seas in Cases of Pollution by Substances Other Than Oil.

In 1973, instead of the above-mentioned 1954 Convention, taking into account the intensity of shipping and the emergence of new sources of pollution, a new Convention for the Prevention of Pollution of the Sea by Oil and Other Liquid Substances was concluded. She introduced "special areas" in which the dumping of oil and its waste is completely prohibited (the Baltic Sea with a strait zone, the Black and Mediterranean Seas, and some others). In 1982, the new convention entered into force.

In 1972, the Convention for the Prevention of Marine Pollution from Ships (meaning the dumping of wastes and materials containing mercury, radioactive substances, poisonous gases and similar dangerous substances) was concluded. The convention equates to dumping the deliberate sinking of ships, aircraft, platforms and other structures.

Marine Pollution Prevention radioactive waste The Treaty on the Ban on Nuclear Tests in Three Environments and the Treaty on the Prohibition of the Placement of Nuclear Weapons and Other Types of Weapons of Mass Destruction at the Bottom of the Seas and Oceans also contribute.

6. Contiguous zone

The sovereignty of the coastal state does not apply to these zones, and they retained the status of the high seas. Since such zones were created for specific and clearly defined purposes, and also did not go beyond 12 nautical miles, their establishment did not raise objections. The right of the coastal state to establish the contiguous zone in this form and within the limits of up to 12 nautical miles was enshrined in the Convention on the territorial sea and the contiguous zone of 1958 (Article 24).

The 1982 United Nations Convention on the Law of the Sea also recognizes the right of a coastal state to a contiguous zone in which it may exercise control necessary to: (a) prevent the violation of customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea; b) punishment for violation of the above laws and regulations, committed within its territory or territorial sea (clause 1, article 33).

However, the United Nations Convention on the Law of the Sea, unlike the Convention on the Territorial Sea and the Contiguous Zone, specifies that the contiguous zone cannot extend beyond the 24 nautical miles measured from the baselines for measuring the breadth of the territorial sea. This means that the contiguous zone can also be established by those States whose territorial sea is up to 12 nautical miles wide.

7. Continental shelf

From the international legal point of view, the continental shelf is understood as the seabed, including its subsoil, extending from the outer border of the territorial sea of ​​the coastal state to the limits established by international law.

The issue of the continental shelf in international legal terms arose when it became clear that in the bowels of the shelf there are deposits of mineral raw materials that have become available for extraction.

At the I UN Conference on the Law of the Sea in 1958, a special Convention on the Continental Shelf was adopted, recognizing the sovereign rights of the coastal state over the continental shelf for the purpose of exploration and exploitation of its natural resources, including mineral and other non-living resources of the surface and subsoil of the seabed, living organisms of "sessile species" (pearls, sponges, corals, etc.) attached to or moving on or under the seabed during the appropriate period of their development. The latter species also included crabs and other crustaceans.

The Convention provided for the right of the coastal state, when carrying out exploration and development of the natural resources of the continental shelf, to erect the necessary structures and installations, as well as to create 500-meter security zones around them. These installations, installations and safety zones shall not be established if they would interfere with the use of recognized sea lanes essential to international navigation.

The Convention states that the continental shelf means the surface and subsoil of the seabed of the submarine areas outside the territorial sea zone to a depth of 200 m or beyond this limit to such a place to which the depth of the overlying waters allows the exploitation of the natural resources of these areas. Such a definition of the continental shelf could give the coastal state a reason to extend, as its technical capabilities for extracting shelf resources, its sovereign rights to indefinitely wide sea areas. This was a significant shortcoming of this definition.

At the III Conference on the Law of the Sea, digital limits were adopted to establish the outer limit of the continental shelf. The United Nations Convention on the Law of the Sea defined the continental shelf of a coastal State as “the seabed and subsoil of the submarine areas extending beyond the territorial sea throughout the natural extension of its land territory to the outer limit of the continental margin or to a distance of 200 nautical miles from the baselines from which the width of the territorial sea is measured when the outer border of the underwater margin of the mainland does not extend to such a distance” (paragraph 1, article 76).

Where the continental margin of a coastal State's shelf extends more than 200 nautical miles, the coastal State may extend the outer limit of its shelf beyond 200 nautical miles, taking into account the location and actual extent of the shelf, but in all circumstances the outer limit of the continental shelf must be not more than 350 nautical miles from the baselines from which the breadth of the territorial sea is measured, or not more than 100 nautical miles from the 2500-meter isobath, which is a line connecting depths of 2500 m (paragraph 5 of article 76). In accordance with the Convention, a Commission on the Limits of the Continental Shelf is created. The boundaries established by the coastal state on the basis of the recommendations of the said Commission are final and binding on all.

The rights of a coastal state over the continental shelf do not affect the legal status of the overlying waters and the airspace above them. Consequently, the exercise of these rights must not lead to infringement of the freedom of navigation and freedom of flight over the continental shelf. In addition, all states have the right to lay submarine cables and pipelines on the continental shelf. In this case, the determination of the route for their laying is carried out with the consent of the coastal state.

Scientific research on the continental shelf within 200 nautical miles may be carried out with the consent of the coastal state. However, it may not, at its discretion, refuse consent to other countries for the conduct of marine exploration on the continental shelf beyond 200 nautical miles, except in those areas in which it conducts or will conduct detailed exploration operations for natural resources.

As a rule, coastal states regulate the exploration and development of natural resources and scientific activities on the adjacent shelves with their national laws and regulations.

8. Exclusive economic zone

After a certain period of objections and hesitation, which lasted about three years, in 1974 the major maritime powers adopted the concept of an exclusive economic zone, subject to the resolution of issues of maritime law considered by the III UN Conference on the Law of the Sea on a mutually acceptable basis. Such mutually acceptable solutions, as a result of many years of efforts, were found by the Conference and included by it in the UN Convention on the Law of the Sea.

According to the Convention, an economic zone is an area outside and adjacent to the territorial sea, up to 200 nautical miles wide from the baselines from which the breadth of the territorial sea is measured. A specific legal regime has been established in this area. The Convention granted the coastal state in the exclusive economic zone sovereign rights for the purpose of exploration and exploitation of natural resources, both living and non-living, as well as rights in relation to other activities for the purpose of economic exploration and exploitation of the said zone, such as the production of energy from the use of water, currents and wind.

The Convention provides for the right of other states, under certain conditions, to participate in the harvesting of the living resources of the exclusive economic zone. However, this right can only be exercised by agreement with the coastal state.

The coastal State also has jurisdiction over the creation and use of artificial islands, installations and structures, marine scientific research and the conservation of the marine environment. Marine scientific research, the creation of artificial islands, installations and structures for economic purposes may be carried out in the exclusive economic zone by other countries with the consent of the coastal state.

At the same time, other states, both maritime and landlocked, enjoy in the exclusive economic zone the freedoms of navigation, overflight, laying of cables and pipelines and other legal uses of the sea related to these freedoms. These freedoms are exercised in the zone as on the high seas. The zone is also subject to other rules and regulations governing law and order on the high seas (exclusive jurisdiction of the flag state over its vessel, allowable exemptions from it, the right of prosecution, provisions for the safety of navigation, etc.). No state has the right to claim the subordination of the economic zone to its sovereignty. This important provision applies without prejudice to other provisions of the legal regime of the exclusive economic zone.

In this regard, attention should be paid to the fact that the Convention requires that the coastal state and other states, in exercising their rights and obligations in the zone, take due account of each other's rights and obligations and act in accordance with the provisions of the Convention.

Back in the heat work III At the UN Conference on the Law of the Sea, a significant number of states, ahead of the course of events and trying to direct them in the right direction, adopted laws on the establishment of fishing or economic zones along their coasts up to 200 nautical miles wide. At the end of 1976, almost six years before the end of the Conference, the USA, Great Britain, France, Norway, Canada, Australia and a number of other countries, including developing countries, passed such laws.

Under these conditions, areas of the seas and oceans open to free fishing, including off the Soviet coast, could become zones of devastating fishing. Such an obvious and undesirable development of events forced the legislature of the USSR to adopt in 1976 the Decree "On temporary measures for the conservation of living resources and the regulation of fisheries in the sea areas adjacent to the coast of the USSR." These measures were brought into line with the new convention by the Decree "On the Economic Zone of the USSR" in 1984.

Currently, over 80 states have exclusive economic or fishing zones up to 200 nautical miles wide. True, the laws of some of these states do not yet fully comply with the provisions of the UN Convention on the Law of the Sea. But this situation will change as the regime under the Convention is further strengthened.

The Convention's provisions on the exclusive economic zone are a compromise. They are sometimes subject to ambiguous interpretation. Thus, some foreign authors, in particular from developing countries, express the point of view that the exclusive economic zone, due to its specific legal regime, which includes significant rights of the coastal state, is neither a territorial sea nor an open sea. Rightly noting the specificity of the legal regime of the exclusive economic zone, which includes important functional or purposeful rights of the coastal state and significant elements of the legal regime of the high seas, the authors of this point of view do not give a clear answer to the question of the spatial status of the exclusive economic zone and do not take into account the provisions of Art. 58 and 89, indicating the applicability to the exclusive economic zone of important freedoms and the legal status of the high seas.

9. Parts of the high seas outside the exclusive economic zone

With regard to freedom of scientific research and the laying of cables and pipelines, there are minor exceptions that apply only to areas of the continental shelf of coastal States extending beyond 200 nautical miles. These exceptions provide that the determination of routes for the laying of submarine cables and pipelines on the continental shelf of the coastal State, as well as the conduct of scientific research in those areas of the shelf where operations for the development or detailed exploration of natural resources are or will be carried out by the coastal State, may take place from the consent of the coastal state.

Outside the exclusive economic zone and beyond the outer limit of the continental shelf, in cases where its width is more than 200 nautical miles, the Convention introduces a new freedom - to erect artificial islands and other installations permitted by international law (clause 1 d of article 87). The words "permissible by international law" mean, in particular, the prohibition of erecting artificial islands and installations for placing on them nuclear weapons and other weapons of mass destruction, since such actions are incompatible with the Treaty on the Prohibition of the Placement of Nuclear Weapons on the Bottom of the Seas and Oceans and in their Subsoil and Other Weapons of Mass Destruction dated February 11, 1971

The convention also contains some other novelties that complement the legal order traditionally existing on the high seas. Thus, it prohibits the broadcasting, in contravention of international rules, of radio or television programs from a ship or installation intended for reception by the public. Persons and ships engaged in unauthorized broadcasting may be arrested and prosecuted in court: the ship's flag state; States of registration of the installation; the state of which the accused person is a citizen; any state where transmissions can be received. This prohibition also includes the exclusive economic zone.

The Convention paid significant attention to the issues of conservation of living resources in the waters of the high seas, in which the principle of freedom of fishing is preserved, carried out here taking into account the contractual obligations of states, as well as the rights, obligations and interests of coastal states provided for by the Convention. In accordance with the Convention, all States must take such measures with respect to their nationals as may be necessary for the conservation of the resources of the high seas. States should also co-operate with each other directly or through sub-regional or regional fisheries organizations for the same purpose.

Even during the work of the III UN Conference on the Law of the Sea, organizations of this kind began to emerge, the charters of which took into account the new legal situation in the field of fisheries. Thus, since 1979 the Organization for Fisheries in the North-West Atlantic has been operating, and in 1980 a similar organization for the North-East Atlantic was created. Continues to operate since 1969, but subject to the introduction of economic zones, the International Fisheries Commission in the Southeast Atlantic.

The areas of activity of these organizations cover both the exclusive economic zones and the waters of the high seas beyond them. But the recommendations adopted by them on the regulation of fishing and the conservation of fish resources in the exclusive economic zones can be implemented only with the consent of the respective coastal states.

The states have also taken measures to regulate the fishing of certain valuable species of fish. The 1982 Convention contains, inter alia, special rules on the fishery and conservation of salmon (anadromous) species. Fishing for salmon is permitted only in the exclusive economic zones, and beyond their external border - only in exceptional cases and upon reaching an agreement with the state of origin of salmon fish, that is, with the state in whose rivers these fish spawn. As you know, many species of salmon spawn in the Far Eastern rivers of Russia. Taking into account the principle of reciprocity, Russia allows, on the basis of annual agreements recorded in the protocols, Japanese fishermen to fish for salmon spawning in Russian rivers, in the northwestern Pacific Ocean, but within the boundaries of certain areas of the sea and subject to established quotas.

10. International Seabed Area

The 1982 United Nations Convention on the Law of the Sea declared the international seabed area and its resources to be the "common heritage of mankind". Naturally, the legal regime of this region and the exploitation of its resources in accordance with the said provision can only be determined jointly by all states. The Convention states that financial and economic benefits proceeds from activities in the international area should be distributed on the basis of the principle of justice, with particular regard to the interests and needs of developing States and peoples who have not yet achieved full independence or other status of self-government. Such a distribution of income derived from activities in the international area will not require the direct or mandatory participation in these activities of unprepared developing States.

Activities in the area are carried out as stated in Art. 140 of the Convention, for the benefit of all mankind.

Defining the legal status of an international 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 juridical person may appropriate any whatever part of them” (v. 137).

All rights to the resources of the area belong to all mankind, on whose behalf the International Seabed Authority will act. Activities in the international area are organized, carried out and controlled by this Authority (art. 153).

The extraction of resources in the area will be carried out by the International Authority itself through its enterprise, as well as "in association with the International Authority" by States Parties to the Convention, or by state enterprises, or by natural or legal persons having the nationality of States Parties or under effective control these states, if the latter have vouched for the said persons.

Such a system of developing the resources of the region, in which, along with the enterprise of the International Authority, participating States and other subjects of the internal law of these States may participate, has been called parallel.

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

The general behavior of states and their activities in the international seabed area, along with the provisions of the Convention, are governed by the principles of the UN Charter and other norms of international law in the interests of maintaining peace and security, promoting international cooperation and mutual understanding (Article 138). The area is open for use exclusively for peaceful purposes (Article 141).

According to the Convention, the main organs of the International Seabed Authority are the Assembly, consisting of the members of the Authority, the Council, comprising 36 members of the Authority elected by the Assembly, and the Secretariat.

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

The provisions of the Convention on the International Seabed Area were developed with the active participation of the United States and other Western countries. However, the United States, Great Britain and Germany did not sign it, and in August 1984 these countries, together with five other Western states, entered into separate agreements that are designed to ensure that they develop mineral resources outside the convention in promising areas of the deep part of the World Ocean. Nevertheless, the preparatory Commission, consisting of representatives of the States that have signed the Convention, is working on the practical creation of the International Seabed Authority and its functioning in accordance with the UN Convention on the Law of the Sea.

11. Closed or semi-closed sea

The concept of the closed sea was formulated and reflected in treaty practice at the end of the XVIII and during the first half of XIX century. According to this concept, the principle of freedom of the high seas was not fully applied to the closed sea: the access of naval ships of non-coastal states to it was limited to the closed sea.

Since this idea is in the interests of the security of coastal countries and the preservation of peace in such seas, it was recognized in its time in the doctrine of international law and retains its significance today.

Closed seas, in particular, include the Black and Baltic Seas. These seas are sometimes referred to as semi-enclosed and regional. The legal regime of these seas cannot be separated from the legal regime of the Black Sea and Baltic straits.

Over the course of the 18th and 19th centuries, the coastal states repeatedly entered into treaty agreements with the aim of closing the Black and Baltic Seas to the warships of non-coastal countries. However, in subsequent periods, mainly due to the opposition of countries that did not have their own possessions here, legal regimes were not established for the Black and Baltic Seas corresponding to the significance and position of these sea areas.

In the second half of the 20th century, the concept of the closed sea was further developed and began to include provisions for special legal protection of the marine environment and regional legal regulation of fisheries in closed or semi-closed seas.

The UN Convention on the Law of the Sea expanded the concept of closed or semi-enclosed seas, which in the Russian text of the Convention are referred to as “enclosed or semi-enclosed seas” (Article 122). The Convention, without defining the content of the legal regime of these seas, establishes the priority rights of coastal states to manage living resources, protect and preserve the marine environment and coordinate scientific research in closed and semi-closed seas (Article 123).

12. Rights of states without a sea coast

This existing and earlier right was enshrined in the UN Convention on the Law of the Sea, which provides for the procedure for resolving the issue of access of an inland state to the sea through the territory of those countries that are located between the sea and this inland state.

In practice, this issue is resolved in such a way that the interested state, which does not have access to the sea, agrees with the corresponding country located on the seashore to provide it with the opportunity to use one or another seaport of the coastal country. For example, on the basis of such an agreement, ships flying the Czech flag use the Polish port of Szczecin. Such agreements simultaneously resolve the issue of transit communication between the interested non-coastal state and the seaport, which is provided to this state.

Landlocked states have the right, in accordance with the Convention on the Law of the Sea, to participate on an equitable basis in the exploitation of that part of the living resources of economic zones, which for one reason or another cannot be used by a coastal state. This right is exercised in the economic zones of the coastal states of the same region or subregion by agreement with the coastal state in question. Under certain conditions, and by agreement with the coastal state, a developing landlocked state may gain access not only to the unused part, but also to all the living resources of the zone.

The Convention grants landlocked States the right to access the "common heritage of mankind" and to benefit from the exploitation of the resources of the international seabed area within the limits provided for by the Convention.

13. International straits

When establishing the legal regime of the sea straits, states, as a rule, take into account two interconnected factors: the geographical position of a particular strait and its significance for international navigation.

Straits that are passages leading to the internal waters of the state (for example, Kerch or Irben), or straits that are not used for international navigation and, due to historical tradition, constitute inland sea routes (for example, Laptev or Long Island), do not apply to international . Their legal regime is determined by the laws and regulations of the coastal state.

All straits used for international navigation and connecting with each other are considered international: 1) parts of the high seas (or economic zones); 2) parts of the high seas (economic zone) with the territorial sea of ​​another or several other states.

Specific straits may have their own characteristics. Nevertheless, it is believed that, for example, the English Channel, Pas de Calais, Gibraltar, Singapore, Malacca, Bab el Mandeb, Hormuz and other straits are world sea routes open to free or unhindered navigation and air navigation of all countries. Such a regime has been operating in these straits for a long historical period due to international customs or international agreements.

A reasonable combination of interests of the countries using the straits and the countries coastal to them is reflected in the provisions of the UN Convention on the Law of the Sea. Part III of it, entitled "Straits used for international navigation", stipulates that it does not apply to a strait used for international navigation if the strait is passed through by an equally convenient route from the point of view of navigation and hydrographic conditions on the high seas or in exclusive economic zone. The use of such a route is carried out on the basis of the principle of freedom of navigation and flights. As for the straits used for international navigation between one area of ​​the high seas (or exclusive economic zone) and another area of ​​the high seas (or exclusive economic zone) and overlapped by the territorial sea of ​​the coastal or coastal States, then in them “all ships and aircrafts shall enjoy the right of transit passage, which shall not be hindered.” Transit passage in this case "represents the exercise of freedom of navigation and overflight solely for the purpose of continuous rapid transit through the strait."

The Convention also contains provisions that take into account the specific interests of the states bordering the straits in the field of security, fisheries, pollution control, compliance with customs, fiscal, immigration and sanitary laws and regulations. Ships and aircraft, when exercising the right of transit passage, shall refrain from any activity in violation of the principles of international law embodied in the UN Charter, as well as from any activity other than that which is characteristic of the normal order of continuous and rapid transit.

According to the Convention, the transit passage regime does not apply to straits used for international navigation between a part of the high seas (exclusive economic zone) and the territorial sea of ​​another state (for example, the Strait of Tirana), as well as to straits formed by an island of a state bordering the strait and its the continental part, if there is an equally convenient way from the point of view of navigation and hydrographic conditions in the high seas or exclusive economic zone (for example, the Strait of Messina) towards the sea from the island. In such straits, the regime of innocent passage is applied. However, there should be no suspension of passage through them, unlike the territorial sea, where temporary suspension is allowed.

The Convention does not affect the legal regime of the straits, passage through which is regulated in whole or in part by international conventions in force in force, which specifically apply to such straits. Conventions of this kind, as a rule, were concluded in the past in relation to straits leading to closed or semi-closed seas, in particular with regard to the Black Sea straits (Bosphorus - Sea of ​​Marmara - Dardanelles) and the Baltic straits (Great and Small Belts, Sound).

The Black Sea straits are open to merchant shipping of all countries, which was proclaimed in the 19th century in a number of treaties between Turkey and Russia, and then confirmed in a multilateral convention concluded in 1936 in Montreux. This Convention on the Black Sea Straits, currently in force, provides for restrictions on the passage in peacetime of warships of non-Black Sea powers. They can guide light surface ships and auxiliary vessels through the straits. The total tonnage of warships of all non-Black Sea states in transit through the straits must not exceed 15,000 tons, and their total number must not exceed nine. The total tonnage of warships of all non-Black Sea states located in the Black Sea should not exceed 30,000 tons. This tonnage may be increased to 45,000 tons in the event of an increase in the naval forces of the Black Sea countries. Warships of non-Black Sea countries pass through the straits with a 15-day notice and can stay in the Black Sea for no more than 21 days.

The Black Sea powers can pass through the straits not only light warships, but also their battleships, if they go alone with an escort of no more than two destroyers, as well as their surface submarines; notification of such passages is made 8 days in advance.

In the event that Turkey participates in a war or is under the threat of an immediate military danger, it has the right, at its own discretion, to allow or prohibit the passage of any warships through the straits.

The regime of the Baltic Straits is currently governed by both treaty provisions and customary international law, as well as national laws: Denmark for the Lesser and Greater Belts and the Danish part of the Sound and Sweden for the Swedish part of the Sound.

In the past, at the initiative of Russia, the Conventions on Armed Neutrality of 1780 and 1800 were concluded with the participation of the then Baltic states. According to these agreements, the Baltic Sea was to remain forever a "closed sea", but in peacetime, freedom of merchant navigation was granted to all countries. The Baltic states retained the right to take the necessary measures to ensure that no hostilities or violence took place either on the sea or on its shores. The Baltic Straits remained equally closed to warships of non-Baltic countries.

The special legal regime of the Baltic straits was also recognized in the doctrine in the 19th century. Commitment to it was declared by the Soviet representative at the Rome Conference on the Limitation of Naval Armaments in 1924. However, England, France and other Western countries opposed this idea. She was rejected. The most important act currently in force and regulating the regime of the Baltic straits is the Copenhagen Treaty on the abolition of the Sound duties when passing through the straits of 1857. Under this agreement, Denmark, in connection with the payment of 100 million French francs by the parties to the agreement, refused to collect any fees from ships or their cargo when passing through the straits and from the right to delay them under the pretext of non-payment of fees. Since these fees had not been levied on warships before, and the only restriction that existed on the freedom of merchant navigation was thus abolished, the treatise established the principle that “no ship can henceforth, under any pretext, during the passage through the Sound or the Belts be subject to detention or any kind of stop.”

The overflight of military aircraft over the Danish part of the Baltic Straits requires prior permission in accordance with the Decree on the Admission of Foreign Military Vessels and Military Aircraft to Danish Territory in Peacetime of 27 December 1976.

The passage of foreign military aircraft over Swedish territorial waters in the Sound is permitted without formalities in accordance with § 2 of the Regulation on the rules for the access of foreign state ships and state aircraft to the territory of Sweden of June 17, 1982.

14. International maritime channels

However, for some sea channels, due to their great importance for international navigation or for historical reasons, international legal regimes have been established. Such regimes were established for the Suez, Panama and Kiel Canals.

The Suez Canal was built on the territory of Egypt by a joint-stock company created by the Frenchman F. Lesseps. For the construction of the canal, the Khedive of Egypt granted this society a concession for a period of 99 years from the opening of the canal. The canal was opened in 1869 and became the property of the Joint Stock Anglo-French Society of the Suez Canal. At a conference held in Constantinople in 1888, the Convention on the Suez Canal was concluded, which was signed by Great Britain, France, Russia, Austria-Hungary, Germany, Spain, Italy, Holland and Turkey, representing Egypt at the same time. Greece, Denmark, Norway, Portugal, Sweden, China and Japan subsequently acceded to the Convention. In accordance with Art. 1 of the Convention, the Suez Canal must always remain free and open, both in peacetime and in wartime, to all merchant and warships, without distinction of flag. Warships of the belligerent powers also have the right of free passage through the canal in time of war. In the canal, in its exit ports and in the waters adjacent to these ports for a distance of 3 miles, any actions that may create difficulties for free navigation are prohibited. The blockade of the channel is recognized as unacceptable. The diplomatic representatives of the Powers in Egypt that have signed the Convention are "entrusted with the responsibility of supervising its execution" (Article 8).

On July 26, 1956, by decree of the President of Egypt, the Joint Stock Company of the Suez Canal was nationalized. The UN Security Council, in a resolution of October 13, 1956, confirmed Egypt's sovereignty over the canal and its right to operate the canal "on the basis of the passage of vessels of all flags."

After the nationalization of the canal, the Egyptian government confirmed that the provisions of the 1888 International Convention on the Suez Canal would be respected and observed. In the Declaration of April 25, 1957, the Egyptian government, reaffirming its commitment to "ensure free and uninterrupted navigation for all countries" through the Suez Canal, solemnly declared its determination "to observe the terms and spirit of the Constantinople Convention of 1888". As a result of the Israeli armed attack on the Arab countries in 1967, navigation through the Suez Canal was paralyzed for a number of years. The canal is currently open to international shipping. To manage the operation of the Suez Canal, the Egyptian government created the Suez Canal Authority. He also approved special rules for navigation through the Suez Canal.

The Panama Canal, located on a narrow isthmus between North and South America, was the object of many years of American-British rivalry. Even before the construction of the canal, in 1850, an agreement was signed between the United States and Great Britain, according to which both parties pledged not to subordinate the canal in the event of its construction to their exclusive influence and control.

However, in 1901, the United States succeeded in obtaining from Great Britain the annulment of the 1850 treaty and recognition for the United States of the rights to construct the canal, manage, operate, and ensure safety. The new agreement also provided that the canal should be open on the basis of equality for merchant and military ships of all flags, following the example of the Suez Canal.

Under an agreement concluded in 1903 with the Republic of Panama, formed on part of the territory of Colombia, the United States received the right to build and operate the canal. They acquired rights "as if they were the sovereign of the territory" within a 10-mile land zone along the banks of the canal and occupied it "in perpetuity". The United States declared the canal's permanent neutrality with an obligation to keep it open to ships of all flags in accordance with the Anglo-American agreement of 1901, which essentially provided for the application of the provisions of the 1888 Suez Canal Navigation Convention to the canal.

The opening of the canal took place in August 1914, but it was opened for international shipping only in 1920. From then until 1979, the Panama Canal remained under US domination.

As a result of the broad and long-term movement of the Panamanian people for the return of the canal to Panama, the United States was forced to meet the demand for the annulment of the 1903 agreement.

In 1977, two new treaties between Panama and the United States were signed and entered into force on October 1, 1979: the Panama Canal Treaty and the Panama Canal Neutrality and Operation Treaty.

Under the Panama Canal Treaty, all previous canal agreements between the US and Panama are no longer valid. Panama's sovereignty has been restored over the Panama Canal. The "Canal Zone" created by the 1903 agreement is abolished and US troops are withdrawn from it. However, until December 31, 1999, the US retains the functions of managing the channel and its operation and maintenance (Article 3). Only after this period has expired will Panama "assume full responsibility for the administration, operation and maintenance of the Panama Canal". On December 31, 1999, the Panama Canal Treaty will terminate. For the duration of the treaty, the United States retains the “right” to deploy its armed forces in the canal zone (Article 4).

The Treaty on the Neutrality and Functioning of the Panama Canal proclaimed this sea route a "permanently neutral international waterway", open to the navigation of all countries (Articles 1 and 2). The agreement states that the Panama Canal will be "open for peaceful transit of ships of all states on conditions of complete equality and non-discrimination." There is a charge for entry and entry service. The treaty includes a provision that the United States is the "guarantor" of the neutrality of the Panama Canal.

The Kiel Canal, which connects the Baltic Sea with the North Sea, was built by Germany and opened to navigation in 1896. Until the First World War, Germany attributed the Kiel Canal to its internal waters with the extension of the corresponding regime to it. According to the Versailles Peace Treaty, the international legal regime of the canal was established. According to Art. 380 of the Treaty of Versailles, the Kiel Canal was declared permanently free and open in full equality for military and merchant ships of all states at peace with Germany.

After the end of the Second World War, the legal regime of the Kiel Canal was not regulated by any treaties or agreements between the states concerned.

At present, the regime of the Kiel Canal is regulated unilaterally by the German government, which issued the Rules for Navigation in the Kiel Canal, which provide for freedom of merchant navigation for all countries.

15. Waters of the archipelago states (archipelagic waters)

In the Convention on the Law of the Sea, the issue of archipelagic waters received the following solution. Archipelagic waters consist of waters located between the islands that are part of the archipelago state, which are delimited from other parts of the sea around the archipelago state by straight baselines connecting the most prominent points in the sea of ​​the most remote islands and the drying reefs of the archipelago. The length of such lines should not exceed 100 nautical miles, and only 3% of their total number may have a maximum length of 125 nautical miles. When they are carried out, any noticeable deviation from the coast is not allowed. The territorial waters of the archipelago state are counted from these lines towards the sea.

The ratio between water area and land area within these lines should be between 1:1 and 9:1. Consequently, not every state consisting of islands can have archipelagic waters. They do not have, for example, Great Britain and Japan.

The archipelagic waters, as well as their bottom and subsoil, as well as their resources, are subject to the sovereignty of the archipelago state (Article 49).

Vessels of all states enjoy the right of innocent passage through archipelagic waters, as established in relation to the territorial sea.

However, a different legal regime is established for the sea routes within the archipelagic waters, which are usually used for international navigation. In this case, the right of archipelagic passage is exercised. Archipelagic passage is the exercise of the right of normal navigation and overflight solely for the purpose of uninterrupted, rapid and unhindered transit from one part of the high seas or economic zone to another part of the high seas or economic zone. For archipelagic passage and overflight, an archipelagic state may establish sea and air corridors 50 nautical miles wide. These corridors traverse its archipelagic waters and include all normal passageways used for and overflight of international navigation, and on such routes they include all normal navigable fairways.

If the archipelago state does not establish sea or air corridors, the right of archipelagic passage may be exercised along the routes normally used for international navigation.

To archipelagic passage, mutatis mutandis (subject to necessary distinctions), the provisions relating to transit passage through straits used for international navigation and defining the duties of ships making the passage, as well as the duties of States bordering the straits, including the duty not to impede transit passage and not allow any suspension of transit passage.

The Convention on the Law of the Sea does not grant the right to establish archipelagic waters between the islands of archipelagos separated from the main part of any state.

16. International organizations in the field of development of the World Ocean

We have already spoken about international organizations for the exploitation of the living resources of the sea and their conservation. The UN Convention on the Law of the Sea provided for the creation of the International Seabed Authority, which is endowed with greater powers in the field of extraction of seabed resources outside the continental shelf.

A preparatory commission for the practical implementation of the provisions of the Convention relating to the establishment and operation of the International Seabed Authority has been operating for several years now.

A major contribution to the development of international maritime law and cooperation between states in the use of the World Ocean is made by the International Maritime Organization (IMO), established in 1958 (until 1982 - the International Maritime Consultative Organization - IMCO).

The main objectives of the IMO are to promote cooperation between governments and activities relating to the technical issues of international merchant shipping, and to help eliminate discriminatory measures and unnecessary restrictions affecting international merchant shipping. The organization is engaged, in particular, in the development of draft conventions on such issues as the protection of human life at sea, the prevention of marine pollution from ships, the safety of fishing vessels, and many others.

Development of legal norms related to maritime affairs, also deals with the International Maritime Committee, established in 1897 in Belgium and aiming at the unification of maritime law through the conclusion of international treaties and agreements, as well as through the establishment of uniformity in the legislation of various countries.

Of great importance for the development of international cooperation in the study of the oceans and seas are the Intergovernmental Oceanographic Commission, which exists under UNESCO, and the International Council for the Exploration of the Sea.

In 1976, the International Maritime Satellite Organization (INMARSAT) was established. Its goal is to quickly and around the clock communicate with ships via artificial Earth satellites with shipowners and administrative bodies of the relevant states - parties to the convention that established INMARSAT, as well as with each other.

Russia is a member of all the above international organizations.

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International maritime law: concept, sources and principles

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

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

The international maritime law is characterized by the following principles:

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

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

the principle of the common heritage of mankind;

the principle of rational use and conservation of marine resources;

principle of marine environment protection.

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

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

Convention for the Safety of Life at Sea, 1960;

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

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

Load Line Conventions 1966

Question 75 inland sea waters. Legal regime of ports

Internal maritime waters are waters located ashore from the baseline of territorial waters (Article 8 of the UN Convention on the Law of the Sea). Inland waters also include: a) water areas of seaports within the limits limited by lines passing through the most prominent permanent port facilities in the sea (Article 11); b) the waters of the bays, the shores of which belong to one state, and the width of the entrance between the marks of the greatest low tide does not exceed 24 nautical miles (Article 10); c) the so-called historical bays, for example, Fundy (USA), Hudson (Canada), Bristol (England), etc. In the Russian Federation, historical waters include the bays of Peter the Great, Kola, Azov and White Sea, Chesskaya and Pecherskaya bays, the Vilkitsky and Sannikov straits and some other waters.

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

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

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

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

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

providing all kinds of material and technical and food supply;

carrying out the necessary repairs;

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

The following port dues may be set at the seaport:

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

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

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

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

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

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

Foreign ships must comply with:

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

rules established for seaports;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

law maritime international

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

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

In straits used for international navigation between one part of the high seas or exclusive economic zone and another part of the high seas or exclusive economic zone, all ships enjoy the right of transit passage. Transit passage is the exercise of freedom of navigation for the purpose of continuous and rapid transit through the strait, as well as for passage through the strait for the purpose of entering, leaving or returning from the state bordering the strait. When exercising the right of transit passage, ships are required to:

Proceed without delay through the strait;

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

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

Comply with generally accepted international rules regarding maritime safety;

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

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

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

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

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

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

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

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

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

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

The Suez Canal is open and free for all vessels (not more than 64 meters wide), regardless of the flag. At the same time, military actions, blockades, the construction of foreign military bases and any actions that violate the integrity of the channel, its material part are prohibited in the canal. According to the Convention, warships of the parties in case of war have the right to be supplied with food and supplies in the canal and ports of entry only to the extent of strict necessity, and their passage through the canal must be carried out as soon as possible and without stops. The Convention (Article 12) also enshrines the principle of equality of the participating States in everything related to the use of the canal. Ensuring security and maintaining public order in the Suez Canal is the responsibility of the Egyptian authorities, and specifically the Suez Canal Administration. The administration has been running the canal since 1957, when the canal was nationalized by the Egyptian state. The authority of the Administration includes issuing special rules for navigation on the canal, providing pilotage, investigating all incidents related to navigation, etc. Navigation on the Suez Canal is carried out on the basis of a traffic control system adopted by the Egyptian authorities in 1980. When passing through the canal, a notification procedure applies: the captain of the vessel is obliged to register it by notifying the Administration at least four days before entering the canal. The rules of navigation on the Suez Canal require mandatory pilotage.

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

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

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

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

The concept of an international dispute and classification

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

The Permanent Court of International Justice (a judicial body under the League of Nations), in one of its first decisions, gave the following definition to an international dispute - "disagreement on a question of law or facts, contradiction, confrontation of legal arguments or interests of the parties."

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

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

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

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

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

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

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

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

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

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

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

Direct negotiations and consultations

Negotiations can be classified as:

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

By the number of participants (multilateral and bilateral);

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

Negotiations can be conducted both orally and in writing.

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

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

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

Good offices and mediation

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

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

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

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

Investigation and conciliation commissions

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

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

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

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

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

Conciliation commissions

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

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

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

Question 65 International arbitration tribunals (arbitration)

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

Distinguish between special arbitration and institutional arbitration.

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

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

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

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

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

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

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

International judicial procedure

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

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

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

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

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

law maritime international

International Court of Justice

According to the Charter, the International Court of Justice is one of the six main organs of the UN. But in practice its role is more significant. In fact, it is not only the main judicial body of the international community as a whole, but also the center of the entire system of peaceful settlement of disputes.

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

Most of the cases before the UN Court of Justice relate to territorial and boundary disputes, delimitation of land and sea spaces, questions of diplomatic and consular law, and claims of a commercial nature. Recently, an increasing number of disputes have been related to issues of peace and security, namely the use of force, international humanitarian law.

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

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

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

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

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

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

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