What are the provisions of the law of the sea on the straits?

Classification: people's livelihood >> Law

Problem description:

Please explain the legal status of the application of the provisions of the law of the sea on the straits in Taiwan Province Province?

Analysis:

Please refer to: United Nations Convention on the Law of the Sea un/chinese/law/sea/#partIII.

the third part

A strait used for international navigation

Section 1 General Provisions

Article 34

Legal status of waters that constitute straits used for international navigation.

1. The straits passage system for international navigation stipulated in this Division shall not affect the legal status of the waters constituting these straits in other ways, or affect the exercise of jurisdiction by the countries bordering the straits over these waters and their airspace, seabed and subsoil.

2. The exercise of * * * or jurisdiction by the countries bordering the Straits is limited by this Part and other rules of international law.

Article 35

Scope of this part

Nothing in this Part shall affect:

(a) any internal water area in the Strait, except that the determination of the straight baseline by the method specified in Article 7 has the effect of enclosing the area that was not originally considered as internal water and becoming internal water;

(b) The legal status of waters outside the territorial waters of countries bordering the Straits as exclusive economic zones or high seas; or

(c) The legal system of some straits, and the long-standing international conventions specifically targeting this kind of straits provide for the adoption of this system in whole or in part.

Article 36

The high seas passage through the strait for international navigation.

Or through the exclusive economic zone.

This part does not apply to straits used for international navigation, if the straits have navigation channels passing through the high seas or exclusive economic zones and are equally convenient in navigation and hydrological characteristics; In this waterway, other relevant parts of this Convention shall be applied, including the provisions on freedom of navigation and overflight.

Section 2 Transit traffic

Article 37

Scope of this section

This section applies to 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.

Article 38

Transit right of way

1. In the straits referred to in Article 37, all ships and planes have the right of transit passage, and the transit passage should not be hindered; However, if the strait is formed by the island of a country bordering the strait and the mainland of that country, and there is a channel on the sea side of the island that passes through the high seas or exclusive economic zone, which has the same convenience in navigation and hydrological characteristics, transit passage should not be applied.

2. Transit passage refers to the exercise of freedom of navigation and overflight exclusively for the purpose of continuous and rapid transit in the strait between the high seas or a part of the exclusive economic zone and another part of the high seas or the exclusive economic zone in accordance with the provisions of this Part. However, the requirement of continuous and rapid transit is not to queue up to cross the strait for the purpose of entering, leaving or returning to a country along the strait under the restriction of the country's entry conditions.

3. Any activity that does not exercise the right of passage in the Straits shall still be restricted by other applicable provisions of this Convention.

Article 39

Obligations of transit ships and aircraft

1. When exercising the right of transit, ships and aircraft shall:

(a) Passing or flying over the Straits without delay;

(b) To refrain from any threat or use of force against the territorial integrity or political independence of the countries bordering the Straits, or in any other way that violates the principles of international law embodied by the United Nations;

(c) Not engaging in any activities other than its normal continuous and rapid transit, except when it is necessary due to force majeure or distress;

(d) comply with other relevant provisions of this Part.

2. Transit ships shall:

(a) Abide by recognized international maritime safety regulations, procedures and practices, including international regulations for preventing collisions at sea;

(b) Abide by recognized international regulations, procedures and practices on the prevention, reduction and control of pollution from ships.

3. Aircraft crossing the border should:

(1) Abide by the aviation rules applicable to civil aircraft formulated by the International Civil Aviation Organization; State-owned aircraft should usually abide by such safety measures and give due consideration to navigation safety at any time when operating;

(b) Monitor at any time the radio frequencies allocated by the internationally designated air traffic control authorities or the relevant international emergency radio frequencies.

Article 40

Research and measurement activities

Foreign ships, including those engaged in marine scientific research and hydrological investigation, may not conduct any research or investigation activities without the prior permission of the state affairs organs along the straits.

Article 41

Sea lanes and traffic separation systems in straits used for international navigation.

1. According to this part, countries along the Straits may designate sea lanes and stipulate traffic separation systems for navigation in the Straits when necessary, so as to promote the safe passage of ships.

2. When necessary, these countries may, after proper publication, replace any sea lanes or traffic separation schemes previously designated or stipulated by them with other sea lanes or traffic separation schemes.

3. This system of sea lanes and traffic separation shall conform to recognized international rules.

4. Before designating or replacing sea lanes or stipulating or replacing traffic separation schemes, countries bordering straits shall submit proposals to competent international organizations with a view to their adoption. The organization can only adopt the sea lanes and traffic separation systems agreed with the countries along the straits, and then the countries along the straits can designate, stipulate or replace these sea lanes and traffic separation systems.

5. For a certain strait, if the proposed sea lane or traffic separation system passes through the waters of two or more coastal countries in the strait, the countries concerned should consult with the competent international organizations and cooperate in formulating the proposal.

6. Countries along the Straits shall clearly mark all sea lanes and traffic separation systems designated or stipulated by them on the charts, and shall properly publish the charts.

7. Ships crossing the border shall respect the applicable sea lanes and traffic separation systems formulated in accordance with this article.

Article 42

Laws and regulations of countries along the Straits on transit passage

1. Subject to the restrictions stipulated in this section, the countries bordering the Straits may formulate laws and regulations on transit passage in the Straits for one or any of the following projects:

(a) Navigation safety and maritime traffic management as stipulated in Article 4 1;

(b) Implementing applicable international regulations on the discharge of oil, oily waste and other toxic substances in the Straits to prevent, reduce and control pollution;

(c) In the case of fishing vessels, the prevention of fishing, including the loading of fishing gear;

(d) Violating the customs, financial, immigration or health laws and regulations of the countries bordering the Straits, allowing any commodity, currency or personnel to board or disembark.

2. Such laws and regulations shall not discriminate between foreign ships in form or fact, or have the practical consequences of denying, hindering or damaging the right of transit passage stipulated in this section when applied.

3. All these laws and regulations should be officially promulgated by the countries bordering the Straits.

4. Foreign ships exercising the right of transit passage shall abide by these laws and regulations.

5. The flag country of the ship or the country of registration of the aircraft that enjoys the exemption of * * * shall be internationally liable for any loss or damage suffered by the countries bordering the Straits due to the failure of the ship or aircraft to comply with such laws and regulations or other provisions of this Part.

Article 43

Navigation AIDS and safety equipment and other improvement methods

And prevent, reduce and control pollution.

Users of the Straits and countries bordering the Straits shall cooperate by reaching an agreement on the following matters:

(a) Establishing and maintaining necessary navigational aids and safety equipment or other improvement measures in the Straits to help international navigation; and

(b) Preventing, reducing and controlling pollution from ships.

Article 44

Obligations of countries bordering straits

The countries along the straits shall not obstruct the transit passage, and shall properly publicize what they know is dangerous to navigation or overflight of the straits. Transit traffic should not stop.

Section 3 Harmless passage

Article 45

innocent passage

1. According to Section III of Part II, the system of innocent passage shall be applied to the following straits used for international navigation:

(a) Straits to which the transit passage system does not apply under Article 38 (1) 1; or

(b) Straits between the high seas or a part of the exclusive economic zone and the territorial waters of foreign countries.

2. The innocent passage of such straits should not be prevented.