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聯合國海洋法公約摘要--專屬經濟區及公海部份

  • 聯合國

聯合國海洋法公約摘要--專屬經濟區及公海部份 1982年12月10日 第五部份 專屬經濟區 第七部分 公海

聯合國海洋法公約摘要--專屬經濟區及公海部份
1982年12月10日

第五部份 專屬經濟區
第七部分 公海


第五部份 專屬經濟區
第五十六條
沿海國在專屬經濟區內的權利、管轄權和義務

1. 沿海國在專屬經濟區內有:

(a) 以勘探和開發、養護和管理海床上覆水域和海床及其底土的自然資源(不論為生物或非生物資源)為目的的主權權利,以及關於在該區內從事經濟性開發和勘探,如利用海水、海流和風力生產能等其他活動的主權權利;

(b) 本公約有關條款規定的對下列事項的管轄權:

⑴ 人工島嶼、設施和結構的建造和使用;

⑵ 海洋科學研究;

⑶ 海洋環境的保護和保全;

(c) 本公約規定的其他權利和義務。

2. 沿海國在專屬經濟區內根据本公約行使其權利和履行其義務時,應適當顧及其他國家的權利和義務,並應以符合本公約規定的方式行事。

3. 本條所載的關於海床和底土的權利,應按照第六部分的規定行使。

第五十七條
專屬經濟區的寬度

專屬經濟區從測算領海寬度的基線量起,不應超過二百海浬。

第五十八條
其他國家在專屬經濟區內的權利和義務

1. 在專屬經濟區內,所有國家,不論為沿海國或內陸國,在本公約有關規定的限制下,享有第八十七條所指的航行和飛越的自由,鋪設海底電纜和管道的自由,以及與這些自由有關的海洋其他國際合法用途,諸如同船舶和飛機的操作及海底電纜和管道的使用有關的並符合本公約其他規定的那些用途。

2. 第八十八至第一一五條以及其他國際法有關規則,只要與本部分不相抵触,均適用於專屬經濟區。

3. 各國在專屬經濟區內根据本公約行使其權利和履行其義務時,應適當顧及沿海國的權利和義務,並應遵守沿海國按照本公約的規定和其他國際法規則所制定的與本部分不相抵觸的法律和規章。


第五十九條
解決關於專屬經濟區內權利和管轄權的
歸屬的衝突的基礎

在本公約未將在專屬經濟區內的權利或管轄權歸屬於沿海國或其他國家而沿海國和任何其他一國或數國之間的利益發生衝突的情形下,這种衝突應在公平的基礎上參照一切有關情況,考慮到所涉利益分別對有關各方和整個國際社會的重要性,加以解決。

第六十條
專屬經濟區內的人工島嶼、設施和結構

1. 沿海國在專屬經濟區內應有專屬權利建造並授權和管理建造、操作和使用:

(a)人工島嶼;

(b) 為第五十六條所規定的目的和其他經濟目的的設施和結構;

(c) 可能干擾沿海國在區內行使權利的設施和結構。


第七部分 公海
第一節 一般規定
第八十六條
本部分規定的適用

本部分的規定適用於不包括在國家的專屬經濟區。領海或內水或群島國的群島水域內的全部海域。本條規定並不使各國按照第五十八條規定在專屬經濟區內所享有的自由受到任何減損。

第八十七條
公海自由

1. 公海對所有國家開放,不論其為沿海國或內陸國。公海自由是在本公約和其他國際法規則所規定的條件下行使的。公海自由對沿海國和內陸國而言,除其他外,包括:

(a)航行自由;

(b) 飛越自由;

(c) 鋪設海底電纜和管道的自由,但受第六部分的限制;

(d) 建造國際法所容許的人工島嶼和其他設施的自由,但受第六部分的限制;

(e) 捕魚自由,但受第二節規定條件的限制;

(f) 科學研究的自由,但受第六和第十三部分的限制。

2. 這些自由應由所有國家行使,但須適當顧及其他國家行使公海自由的利益,並適當顧及本公約所規定的同“區域”內活動有關的權利。

第八十八條
公海只用於和平目的

公海應只用於和平目的。


第九十五條
公海上軍艦的豁免權

軍艦在公海上有不受船旗國以外任何其他國家管轄的完全豁免權。

(第七部份其它條款省略)

(摘自聯合國網站)



United Nations Convention on the Law of the Sea of 10 December 1982
- Articles Related to the Exclusive Economic Zone and High Seas

PART V EXCLUSIVE ECONOMIC ZONE
PART VII HIGH SEAS

PART V
EXCLUSIVE ECONOMIC ZONE
Article56

Rights, jurisdiction and duties of the coastal State in the exclusive economic zone

1. In the exclusive economic zone, the coastal State has:

(a) sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds;

(b) jurisdiction as provided for in the relevant provisions of this Convention with regard to:

(i) the establishment and use of artificial islands, installations and structures;

(ii) marine scientific research;

(iii) the protection and preservation of the marine environment;

(c) other rights and duties provided for in this Convention.

2. In exercising its rights and performing its duties under this Convention in the exclusive economic zone, the coastal State shall have due regard to the rights and duties of other States and shall act in a manner compatible with the provisions of this Convention.

3. The rights set out in this article with respect to the seabed and subsoil shall be exercised in accordance with Part VI.

Article57

Breadth of the exclusive economic zone

The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.

Article58

Rights and duties of other States in the exclusive economic zone

1. In the exclusive economic zone, all States, whether coastal or land-locked, enjoy, subject to the relevant provisions of this Convention, the freedoms referred to in article 87 of navigation and overflight and of the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to these freedoms, such as those associated with the operation of ships, aircraft and submarine cables and pipelines, and compatible with the other provisions of this Convention.

2. Articles 88 to 115 and other pertinent rules of international law apply to the exclusive economic zone in so far as they are not incompatible with this Part.

3. In exercising their rights and performing their duties under this Convention in the exclusive economic zone, States shall have due regard to the rights and duties of the coastal State and shall comply with the laws and regulations adopted by the coastal State in accordance with the provisions of this Convention and other rules of international law in so far as they are not incompatible with this Part.

Article59

Basis for the resolution of conflicts

regarding the attribution of rights and jurisdiction

in the exclusive economic zone

In cases where this Convention does not attribute rights or jurisdiction to the coastal State or to other States within the exclusive economic zone, and a conflict arises between the interests of the coastal State and any other State or States, the conflict should be resolved on the basis of equity and in the light of all the relevant circumstances, taking into account the respective importance of the interests involved to the parties as well as to the international community as a whole.

Article60

Artificial islands, installations and structures

in the exclusive economic zone

1. In the exclusive economic zone, the coastal State shall have the exclusive right to construct and to authorize and regulate the construction, operation and use of:

(a) artificial islands;

(b) installations and structures for the purposes provided for in article 56 and other economic purposes;

(c) installations and structures which may interfere with the exercise of the rights of the coastal State in the zone.

2. The coastal State shall have exclusive jurisdiction over such artificial islands, installations and structures, including jurisdiction with regard to customs, fiscal, health, safety and immigration laws and regulations.

3. Due notice must be given of the construction of such artificial islands, installations or structures, and permanent means for giving warning of their presence must be maintained. Any installations or structures which are abandoned or disused shall be removed to ensure safety of navigation, taking into account any generally accepted international standards established in this regard by the competent international organization. Such removal shall also have due regard to fishing, the protection of the marine environment and the rights and duties of other States. Appropriate publicity shall be given to the depth, position and dimensions of any installations or structures not entirely removed.

4. The coastal State may, where necessary, establish reasonable safety zones around such artificial islands, installations and structures in which it may take appropriate measures to ensure the safety both of navigation and of the artificial islands, installations and structures.

5. The breadth of the safety zones shall be determined by the coastal State, taking into account applicable international standards. Such zones shall be designed to ensure that they are reasonably related to the nature and function of the artificial islands, installations or structures, and shall not exceed a distance of 500 metres around them, measured from each point of their outer edge, except as authorized by generally accepted international standards or as recommended by the competent international organization. Due notice shall be given of the extent of safety zones.

6. All ships must respect these safety zones and shall comply with generally accepted international standards regarding navigation in the vicinity of artificial islands, installations, structures and safety zones.

7. Artificial islands, installations and structures and the safety zones around them may not be established where interference may be caused to the use of recognized sea lanes essential to international navigation.

8. Artificial islands, installations and structures do not possess the status of islands. They have no territorial sea of their own, and their presence does not affect the delimitation of the territorial sea, the exclusive economic zone or the continental shelf.


PART VII

HIGH SEAS

SECTION 1. GENERAL PROVISIONS

Article86

Application of the provisions of this Part

The provisions of this Part apply to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. This article does not entail any abridgement of the freedoms enjoyed by all States in the exclusive economic zone in accordance with article 58.

Article87

Freedom of the high seas

1. The high seas are open to all States, whether coastal or land-locked. Freedom of the high seas is exercised under the conditions laid down by this Convention and by other rules of international law. It comprises, inter alia, both for coastal and land-locked States:

(a) freedom of navigation;

(b) freedom of overflight;

(c) freedom to lay submarine cables and pipelines, subject to Part VI;

(d) freedom to construct artificial islands and other installations permitted under international law, subject to Part VI;

(e) freedom of fishing, subject to the conditions laid down in section 2;

(f) freedom of scientific research, subject to Parts VI and XIII.

2. These freedoms shall be exercised by all States with due regard for the interests of other States in their exercise of the freedom of the high seas, and also with due regard for the rights under this Convention with respect to activities in the Area.

Article88

Reservation of the high seas for peaceful purposes

The high seas shall be reserved for peaceful purposes.

Article89

Invalidity of claims of sovereignty over the high seas

No State may validly purport to subject any part of the high seas to its sovereignty.

Article90

Right of navigation

Every State, whether coastal or land-locked, has the right to sail ships flying its flag on the high seas.

Article91

Nationality of ships

1. Every State shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its territory, and for the right to fly its flag. Ships have the nationality of the State whose flag they are entitled to fly. There must exist a genuine link between the State and the ship.

2. Every State shall issue to ships to which it has granted the right to fly its flag documents to that effect.

Article92

Status of ships

1. Ships shall sail under the flag of one State only and, save in exceptional cases expressly provided for in international treaties or in this Convention, shall be subject to its exclusive jurisdiction on the high seas. A ship may not change its flag during a voyage or while in a port of call, save in the case of a real transfer of ownership or change of registry.

2. A ship which sails under the flags of two or more States, using them according to convenience, may not claim any of the nationalities in question with respect to any other State, and may be assimilated to a ship without nationality.

Article93

Ships flying the flag of the United Nations, its specialized agencies

and the International Atomic Energy Agency

The preceding articles do not prejudice the question of ships employed on the official service of the United Nations, its specialized agencies or the International Atomic Energy Agency, flying the flag of the organization.

Article94

Duties of the flag State

1. Every State shall effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag.

2. In particular every State shall:

(a) maintain a register of ships containing the names and particulars of ships flying its flag, except those which are excluded from generally accepted international regulations on account of their small size; and

(b) assume jurisdiction under its internal law over each ship flying its flag and its master, officers and crew in respect of administrative, technical and social matters concerning the ship.

3. Every State shall take such measures for ships flying its flag as are necessary to ensure safety at sea with regard, inter alia, to:

(a) the construction, equipment and seaworthiness of ships;

(b) the manning of ships, labour conditions and the training of crews, taking into account the applicable international instruments;

(c) the use of signals, the maintenance of communications and the prevention of collisions.

4. Such measures shall include those necessary to ensure:

(a) that each ship, before registration and thereafter at appropriate intervals, is surveyed by a qualified surveyor of ships, and has on board such charts, nautical publications and navigational equipment and instruments as are appropriate for the safe navigation of the ship;

(b) that each ship is in the charge of a master and officers who possess appropriate qualifications, in particular in seamanship, navigation, communications and marine engineering, and that the crew is appropriate in qualification and numbers for the type, size, machinery and equipment of the ship;

(c) that the master, officers and, to the extent appropriate, the crew are fully conversant with and required to observe the applicable international regulations concerning the safety of life at sea, the prevention of collisions, the prevention, reduction and control of marine pollution, and the maintenance of communications by radio.

5. In taking the measures called for in paragraphs 3 and 4 each State is required to conform to generally accepted international regulations, procedures and practices and to take any steps which may be necessary to secure their observance.

6. A State which has clear grounds to believe that proper jurisdiction and control with respect to a ship have not been exercised may report the facts to the flag State. Upon receiving such a report, the flag State shall investigate the matter and, if appropriate, take any action necessary to remedy the situation.

7. Each State shall cause an inquiry to be held by or before a suitably qualified person or persons into every marine casualty or incident of navigation on the high seas involving a ship flying its flag and causing loss of life or serious injury to nationals of another State or serious damage to ships or installations of another State or to the marine environment. The flag State and the other State shall cooperate in the conduct of any inquiry held by that other State into any such marine casualty or incident of navigation.

Article95

Immunity of warships on the high seas

Warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State.

(Rest of Part VII omitted)
(Taken from United Nations website)

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