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60 international maritime law concept principles sources. International Maritime Law: Concept, Sources and Principles

International maritime law is one of the oldest branches of international law and is a set of international legal principles and norms that determine the legal regime of maritime spaces and regulate relations between states, other participants in legal relations in connection with their activities in the use of seas, oceans and their resources.

Sources. Originally, the law of the sea was created in the form of customary rules; its codification was carried out in the middle of the 20th century. The I UN Conference on the Law of the Sea ended with the adoption in Geneva in 1958 of four conventions: on the high seas; about the territorial sea and the contiguous zone; about the continental shelf; on fishing and protection of living resources of the high seas. The Second Conference, held in 1960, was not successful. At the III Conference, the 1982 UN Convention on the Law of the Sea was adopted.

Due to the originality of maritime activities, the overwhelming majority of the norms of international maritime law are not found in other areas of international legal regulation. The spaces of the seas and oceans on our planet from the international legal point of view are subdivided into: 1) spaces under the sovereignty of various states and constituting the territory of each of them; 2) spaces that are not covered by the sovereignty of any of them. The territory of a country that has a sea coast includes parts of the sea located along its shores and called internal sea waters and the territorial sea. The territory of states consisting entirely of one or more archipelagos includes archipelagic waters located between the islands within the archipelago. Inland sea waters, territorial sea and archipelagic waters are only a small part of the World Ocean. The vast expanses of seas and oceans outside of them are not part of the territory and are not subject to the sovereignty of any of the states, that is, they have a legal status.

Inland sea waters... The territory of each state with a sea coast includes internal sea waters. International agreements and national laws of various states refer to them the waters located between the coast of the state and the straight baselines adopted to measure the breadth of the territorial sea. The internal sea waters of a coastal state are also considered: 1) the water areas of ports, bounded by a line passing through the points of hydraulic engineering and other structures of ports farthest to the sea; 2) the sea, completely surrounded by the land of the same state, as well as the sea, the entire coast of which and both shores of the natural entrance to it belong to the same state 3) sea bays, lips, estuaries and bays, the shores of which belong to the same state the same state and the width of the entrance to which does not exceed 24 nautical miles. Foreign non-military vessels may enter internal waters with the permission of the coastal state and must comply with its laws. The coastal state may establish national treatment with respect to foreign ships (the same as for its own ships); most favored nation treatment (provision of conditions not worse than those enjoyed by the courts of any third state); special regime (for example, for ships with nuclear power plants, etc.).

The coastal state exercises in its internal waters all the rights arising from sovereignty. It regulates shipping and fishing; it is prohibited to engage in any kind of fishing or scientific research on this territory without the permission of the competent authorities of the coastal state. Acts committed in internal waters on foreign non-military vessels are subject to the jurisdiction of the coastal state (unless otherwise provided by an international treaty - for example, agreements on merchant shipping). Only foreign warships in internal waters with the consent of the coastal state enjoy immunity from the jurisdiction of a coastal state.

Territorial sea Territorial waters (territorial sea) is a sea zone located along the coast or directly behind the internal sea waters of a coastal state and under its sovereignty. Islands outside the territorial sea have their own territorial sea. However, coastal installations and artificial islands do not have territorial waters. The breadth of the territorial sea for the overwhelming majority of states is 12 nautical miles. The lateral border of the territorial waters of adjacent states, as well as the borders of the territorial sea of opposing states, the shores of which are less than 24 (12 + 12) miles apart, are determined by international treaties. The basis for recognizing the right of a coastal state to include the territorial sea in its state territory was the obvious interests of this state in relation to both protecting its coastal possessions from attacks from the sea, and ensuring the existence and well-being of its population through the exploitation of the marine resources of adjacent areas. The sovereignty of the coastal state extends to the surface and subsoil of the territorial sea, as well as to the airspace above it. The provisions on the extension of the sovereignty of the 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, the laws and regulations established by the coastal state apply in the territorial sea. In the territorial sea, the sovereignty of the coastal state is exercised, however, with the observance of the right of foreign sea vessels to use innocent passage through the territorial sea of other countries. The UN Convention on the Law of the Sea specifies, inter alia, that passage is not innocent if the passing vessel allows the threat or use of force against the sovereignty, territorial integrity or political independence of the coastal state or in any other way in violation of the principles of international law embodied in the UN Charter. carry out maneuvers or exercises with weapons of any kind, any act intended to affect the defense or security of a coastal state, as well as any other act not directly related to passage. The coastal state has the right to take the necessary measures in its territorial sea to prevent passage that is not peaceful. It may also, without discrimination between foreign courts, 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 for the protection of its safety, including the conduct of exercises with the use of weapons. Such suspension will take effect only after due notification of it (through diplomatic means or through "Notice to Mariners", or otherwise). Under 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 relate to: the safety of navigation and the regulation of vessel traffic; conservation of resources and prevention of violation of the fishing rules of the coastal state; environmental protection; marine scientific research; customs and immigration regimes.

The open sea. Beyond the outer border of the territorial sea, there are spaces of seas and oceans that are not part of the territorial waters of any state and form the open sea. The high seas are not under the sovereignty of any of the states, all states have the right to use the high seas on the basis of equality for peaceful purposes (freedom of navigation, flight, scientific research, etc.). In accordance with Art. 87 of the 1982 Convention, all states (including landlocked ones) have the right to: freedom of navigation on the high seas; freedom of flight; freedom to lay submarine cables and pipelines; freedom of fishing; freedom to build artificial islands and other installations permitted by international law; freedom of scientific research. The high seas are reserved for peaceful purposes. No state has the right to claim the subordination of any part of the high seas to its sovereignty. On the high seas, a vessel is subject to the jurisdiction of the state under whose flag it is sailing. The ship is considered as part of the territory of the state in which it is registered.

Adjacent area is a zone of high seas of limited width, adjacent to the territorial sea of a coastal state. The state in the contiguous zone exercises its jurisdiction in order to ensure its customs, sanitary, immigration and other rules. Under the 1958 Convention on the Territorial Sea and Contiguous Zone, the width of the contiguous zone cannot exceed 12 miles from the same baselines from which the territorial sea is measured. In other words, those states whose territorial sea is less than 12 miles have the right to the contiguous zone. According to the 1982 Convention on the Law of the Sea, the contiguous zone extends over a distance of 24 miles. The purpose of establishing the contiguous zone is to prevent possible violation of the laws and regulations of the coastal state within its territorial waters and to punish violations of these laws and regulations committed within its territory. ... In the latter case, hot pursuit can be carried out.

Continental shelf is a part of the mainland flooded by the sea. According to the 1958 Convention on the Continental Shelf, the continental shelf means the seabed (including its subsoil) extending from the outer boundary of the territorial sea to the limits established by international law, over which the coastal state exercises sovereign rights in order to explore and develop its natural resources. According to the 1958 Convention, the continental shelf means the surface and subsoil of the seabed of underwater areas adjacent to the coast, but located 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 development of the natural resources of these areas, as well as the surface and subsoil of similar areas adjacent to the shores of the islands. Thus, the outer boundary of the shelf is the isobath - the line connecting the depths of 200 m. to the bottom or move only along the bottom (crayfish, crabs, etc.). If states whose shores are located opposite each other have the right to the same continental shelf, the shelf boundary is determined by an agreement between these states, and in the absence of an agreement, according to the principle of equal distance from the nearest points of the baselines from which the width of the territorial sea is measured. In some cases, disputes over the delimitation of the continental shelf were considered by the International Court of Justice, which determined the boundaries of the shelf.

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

International maritime law is an organic part of general international law: it is guided by the latter's prescriptions on subjects, sources, principles, the law of international treaties, responsibility, 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 law of the sea, 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, the development of international cooperation and mutual understanding.

For international maritime law the following principles are characteristic:

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, 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;
the principle of the protection of the marine environment.

Codification of International Maritime Law was first implemented 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 contiguous zone; on the high seas; about the continental shelf; about fishing and protection of living resources of the sea. These conventions are still in force 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 1958 Geneva Conventions on the Law of the Sea, new factors of historical development, in particular the emergence in the early 60s of a large number of independent developing states, demanded 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 generally recognized 12-mile limit of the territorial sea. Previously, the territorial sea limit was set from 3 to 12 miles. The new convention secured the right of non-coastal states to operate an economic zone within 200 miles on a par with coastal states.

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

The 1960 Convention for the Safety of Life at Sea;
The 1972 Convention on International Rules for the Prevention of Collisions at Sea;
International Convention for the Prevention of Pollution of the Sea by Oil, 1954;
1966 Load Lines Convention

Internal sea waters. Territorial sea. The open sea

Inland waters- this is:

a) waters located towards the coast from the baseline for counting the width of the territorial waters;
b) water areas of seaports within the limits bounded by lines passing through the most prominent permanent port facilities in the sea;
c) waters of bays, the shores of which belong to one state, and the width of the entrance between the marks of the lowest tide does not exceed 24 nautical miles;
d) the so-called historical bays, for example, the Hudson (Canada), Bristol (England), etc.

Inland waters is the state territory of a coastal state under its full sovereignty. The legal regime of such waters is established by the coastal state, taking into account the norms of international law; it also exercises in its waters administrative, civil and criminal jurisdiction over all ships flying any flag, and establishes the conditions of navigation. The order of entry of foreign ships is determined by the coastal state (usually states publish a list of ports open for entry of foreign ships).

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

According to the 1982 Convention, “each state has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles,” measured from its established baselines. However, even now about 20 states have a width that exceeds the limit.

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

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

The main principle in relation to the high seas remains the principle of freedom of the high seas, which is currently understood not only as freedom of navigation, but also as freedom of laying underwater telegraph and telephone cables along the bottom, freedom of fishing, freedom of flight over sea space, etc. the state does not have the right to claim the subordination of the spaces that make up the high seas to its sovereignty.

Continental shelf. Exclusive economic zone

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

At the heart of delimitation of the continental shelf between two opposing states lies the principle of equal distance and consideration of special circumstances. Coastal states have sovereign rights to explore and develop its natural resources. These rights are exclusive in the case that if a state does not develop the continental shelf, then another state cannot do this without its consent. Consequently, the sovereign rights of the coastal state to the continental shelf are already the sovereignty of states to the territorial waters and their subsoil, which are part of the state territory.

The coastal state has the exclusive right to authorize and regulate drilling operations on the continental shelf; to build artificial islands, installations and structures necessary for the exploration and development of the continental shelf; authorize, regulate and conduct marine scientific research. All states (not just coastal ones) have the right to lay submarine cables and pipelines on the continental shelf in accordance with the provisions of the 1982 Convention.

At the same time, the rights of the coastal state do not affect the legal status of the overlying waters and airspace over these waters and, therefore, do not in any way affect the regime of navigation and air navigation.

Exclusive economic zone- an area adjacent to a territorial sea with a width of not more than 200 miles, for which international law has established a special legal regime. The width is counted from the same lines as the breadth of the territorial sea. The rights of the state within the economic zone relate to the exploration, development and conservation of both living and nonliving resources, both in the waters and at the bottom and in its bowels. The coastal state has the right to manage the economic activities in the zone. Thus, within the economic zone, states have limited sovereignty. This sovereignty grants the coastal state the right to detain and inspect foreign ships engaged in illegal activities within the economic zone. However, they can extend full sovereignty to artificial islands within the economic zone. A 500-meter safety zone could be established around these islands. Moreover, artificial islands cannot have their own continental shelf and territorial sea.

Legal regime of the International Seabed Area

International seabed area- this is the seabed and its subsoil, located outside the exclusive economic zones and the continental shelf of coastal states. Its resources The 1982 Convention declared it "the common heritage of mankind." At the same time, the area is open for exploitation exclusively for peaceful purposes. In accordance with this Convention, an International Seabed Authority should be established to exercise control over the extraction of resources. The main organs of the International Seabed Authority are the Assembly, the Council of 36 members elected by the Assemblies, and the Secretariat. The Council has the power to establish and pursue specific policies on any issue or problem in the activities of the International Authority. Half of its members are elected in accordance with the principles of equitable geographical representation, the other half - on other grounds: from developing countries with special interests; from importing countries; from countries producing similar resources on land, etc.

The Convention states that the financial and economic benefits derived from activities in the international area should be distributed on the basis of the principle of equity, taking into account the interests and needs of developing states and peoples that have not yet achieved full independence or other status of self-government. Such distribution of income derived from activities in the international area will not require direct or mandatory participation in these activities of unprepared developing states.

Defining the legal status of the International Seabed Area, the Convention establishes that “no state can claim or exercise sovereignty or sovereign rights over any part of the area or its resources, and no state, natural or legal person can appropriate any part of them. "

Extraction of resources in the International Seabed Area will be carried out by the International Authority itself through its enterprise, as well as "in association with the International Authority" by the States Parties to the Convention, or by state enterprises or natural or legal persons who have the nationality of the States Parties or are under effective control these states, if the latter vouched for the indicated persons. Such a system for the development of the resources of the region, in which, along with the enterprise of the International Authority, the participating states and other subjects of the internal law of these states can participate, was called parallel.

The policy for activities in the area should be implemented by the International Authority in such a way as to promote increased participation in the development of resources on the part of 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.

International straits: concept, right of transit passage

International straits- these are natural sea narrowings, the passage of ships through which and the flight of aircraft in the airspace above them are regulated by the norms of international law. The 1982 Convention does not affect straits, the regime of which is determined by special conventions. For example, the regime of the Black Sea straits is stipulated in the Montreux Convention of 1936. Civilian ships can pass through the Black Sea straits without hindrance. Warships must notify the Turkish government before passing. Only the Black Sea countries can navigate battleships and submarines through the straits. The most important international canals are also the Suez Canal (the regime is determined by the Constantinople Convention of 1888), the Panama Canal (the regime is determined by the Treaty between the United States and Panama in 1903), the Kiel Canal (the regime is determined by the Treaty of Versailles of 1919).

According to the legal regime, the following types of international straits are distinguished:

a) straits that connect one part of the high seas (economic zones) with another part and whose width is not covered by the territorial waters of coastal states (English Channel, Pas-de-Calais, Gibraltar, etc.);
b) straits used for international shipping, but the width of which is covered by the territorial waters of coastal states.

In the straits of the first group, the passage of foreign ships, warships and aircraft overflight is carried out outside the territorial waters on the basis of the principle of freedom of navigation without any discrimination, combined with respect for the sovereignty, territorial integrity and political independence of the states coastal to the straits.

In the straits blocked by territorial waters, the regime of innocent passage operates, with the difference that the suspension of innocent passage in the straits is not allowed. Foreign ships, warships and aircraft in such straits "enjoy the right of transit passage and overflight, which should not be obstructed."

According to the 1982 Convention, transit passage is understood as “being carried out solely for the purpose of continuous and rapid transit across the strait”. When carrying out a transit passage, ships and warships are obliged to refrain from any threat or use of force against the sovereignty, territorial integrity or political independence of the states bordering the strait. They should also refrain from any activity not inherent in their usual continuous and fast passage or flight (do not stop, anchor, drift, etc.).

The states bordering the strait have broad rights to regulate transit and innocent passage: they can establish sea lanes and prescribe traffic separation schemes for navigation, adopt laws and regulations related to fishing, traffic safety, prevention of pollution of the waters of the strait, etc.

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

International maritime law is an organic part of general international law: it is guided by the regulations of the latter on subjects, sources, principles, the law of international treaties, responsibility, etc., and is also interconnected and interacts with its other branches (international air law, space law, etc.). 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 law of the sea, 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, the development of international cooperation and mutual understanding.

The following principles are characteristic of international maritime law:

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, freedom of fishing, scientific research, etc., as well as freedom of air

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

The principle of the common heritage of mankind;

The principle of rational use and conservation of marine resources;

The principle of the protection of the marine environment.

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 contiguous zone; on the high seas; about the continental shelf; about fishing and protection of living resources of the sea. These conventions are still in force 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 1958 Geneva Conventions on the Law of the Sea, new factors of historical development, in particular the emergence in the early 60s of a large number of independent developing states, demanded 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 generally recognized 12-mile limit of the territorial sea. Previously, the territorial sea limit was set from 3 to 12 miles. The new convention secured the right of non-coastal states to operate an economic zone within 200 miles on a par with coastal states.

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

The 1960 Convention for the Safety of Life at Sea;

The 1972 Convention on International Rules for the Prevention of Collisions at Sea;

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

1966 Load Lines Convention

Concept and legal regime:

a) internal sea waters, "historical" waters;

b) the territorial sea;

c) the adjacent zone;

d) an exclusive economic zone;

e) the open sea;

f) continental shelf;

g) an area of the seabed outside the continental shelf.

Inland waters are the state territory of a coastal state under its full sovereignty. The legal regime of such waters is established by the coastal state, taking into account the norms of international law; it also exercises in its waters administrative, civil and criminal jurisdiction over all ships flying any flag, and establishes the conditions of navigation. The order of entry of foreign ships is determined by the coastal state (usually states publish a list of ports open for entry of foreign ships).

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

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

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

At the heart of the delimitation of the continental shelf between two opposite states is the principle of equal distance and consideration of special circumstances. Coastal states have sovereign rights to explore and develop its natural resources. These rights are exclusive in the case that if a state does not develop the continental shelf, then another state cannot do this without its consent. Consequently, the sovereign rights of the coastal state to the continental shelf are already the sovereignty of states to the territorial waters and their subsoil, which are part of the state territory.

Exclusive economic zone - an area adjacent to the territorial sea with a width of not more than 200 miles, for which international law has established a special legal regime. The width is counted from the same lines as the breadth of the territorial sea. The rights of the state within the economic zone relate to the exploration, development and conservation of both living and nonliving resources, both in the waters and at the bottom and in its bowels. The coastal state has the right to manage the economic activities in the zone.

Thus, within the economic zone, states have limited sovereignty. This sovereignty grants the coastal state the right to detain and inspect foreign ships engaged in illegal activities within the economic zone. However, they can extend full sovereignty to artificial islands within the economic zone. A 500-meter safety zone could be established around these islands. Moreover, artificial islands cannot have their own continental shelf and territorial sea.

The International Seabed Region is the seabed and its subsoil located outside the exclusive economic zones and continental shelf of coastal states. Its resources The 1982 Convention declared it "the common heritage of mankind." At the same time, the area is open for exploitation exclusively for peaceful purposes. In accordance with this Convention, an International Seabed Authority should be established to exercise control over the extraction of resources.

The main organs of the International Seabed Authority are the Assembly, the Council of 36 members elected by the Assemblies, and the Secretariat. The Council has the power to establish and pursue specific policies on any issue or problem in the activities of the International Authority. Half of its members are elected in accordance with the principles of equitable geographical representation, the other half - on other grounds: from developing countries with special interests; from importing countries; from countries producing similar resources on land, etc.

The Convention states that the financial and economic benefits derived from activities in the international area should be distributed on the basis of the principle of equity, taking into account the interests and needs of developing states and peoples that have not yet achieved full independence or other status of self-government. Such distribution of income derived from activities in the international area will not require direct or obligatory participation in these activities of unprepared developing states.

1. International maritime law

1.1 Concept, principles and sources of international maritime law

International maritime law is a set of rules governing international relations on the use and exploration of sea spaces and resources, as well as defining their legal status. International maritime law is a branch of public international law.

Over a long period of time, international maritime law has evolved as customary law. Subsequently, its codification took place, however, at present, custom in international maritime law plays an essential role. The UN Conference on the Law of the Sea (Geneva) in 1958 adopted the following conventions:

1. Convention on the High Seas.

2. Convention on the Continental Shelf.

3. Convention on the Territorial Sea and Contiguous Zone.

4. Convention on Fisheries and the Protection of Living Resources of the High Seas.

Work on the codification of international maritime law was continued at the III UN Conference on the Law of the Sea (1973-1982), which ended with the adoption of the UN Convention on the Law of the Sea of December 10, 1982 (signed by more than 150 states).

The Republic of Belarus ratified the Convention by the Law of the Republic of Belarus of July 19, 2006 No. 154-3 "On Ratification of the United Nations Convention on the Law of the Sea and Accession to the Agreement on the Implementation of Part XI of the United Nations Convention on the Law of the Sea of December 10, 1982" with the following statements:

"1. The Republic of Belarus, in accordance with Article 287 of the Convention, accepts as the main means of settling disputes concerning the interpretation and application of the Convention, arbitration established in accordance with Annex VII. For the settlement of disputes related to fisheries, protection and preservation of the marine environment, marine scientific research or shipping, including pollution from ships and as a result of dumping, the Republic of Belarus uses a special arbitration established in accordance with Appendix VIII. The Republic of Belarus recognizes the competence of the International Tribunal for the Law of the Sea, provided for in Article 292 of the Convention, in relation to issues related to the immediate release of detained ships or crews.

2. The Republic of Belarus, in accordance with Article 298 of the Convention, does not accept mandatory procedures entailing binding decisions when considering disputes related to military activities, including military activities of state ships and aircraft in non-commercial service, or disputes related to activities to ensure compliance with laws in relation to the exercise of sovereign rights or jurisdiction, and disputes in respect of which the UN Security Council exercises the functions assigned to it by the UN Charter ”.

The sources of international maritime law are:

- International Convention on Search and Rescue at Sea 1979;

- International Convention for the Safety of Life at Sea, 1974;

- Convention on Facilitation of International Maritime Traffic, 1965;

- 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation;

- UN Convention on the Carriage of Goods by Sea, 1978;

- Convention on International Prevention Rules

collision of ships at sea 1972

The 1982 UN Convention on the Law of the Sea allows the following classification of maritime spaces:

1) that are part of the territory of the coastal state, falling under its sovereignty (internal waters, territorial sea);

2) falling under the jurisdiction of the coastal state, but not being its territory (exclusive economic zone, continental shelf, contiguous zone);

3) not falling under the jurisdiction or sovereignty of the coastal state (high seas).

Principles of International Maritime Law:

The principle of freedom of the high seas. Formulated by ancient Roman lawyers. This principle means that the high seas are in common use of all states, not being anyone's territory, therefore, does not fall under the sovereignty of any state. The right to freely use the high seas belongs to coastal and landlocked states alike;

The principle of peaceful use of the high seas. This principle follows from the principles of the peaceful settlement of international disputes and the non-use of force or the threat of force. In Art. 88 of the UN Convention on the Law of the Sea states that the high seas are reserved for peaceful purposes;

The principle of the protection of the marine environment. This principle is enshrined in Art. 192 of the UN Convention on the Law of the Sea, according to which states are obliged to protect and preserve the marine environment;

The principle of the common heritage of mankind. This principle means the general equitable use of the resources of the seabed and its subsoil in the territory that does not fall under state sovereignty or national jurisdiction;

The principle of freedom of marine scientific research. This principle is enshrined in Art. 87 of the UN Convention on the Law of the Sea and is consistently implemented further in the text of the convention. States and competent international organizations encourage and facilitate the development and conduct of marine scientific research. Marine scientific research activities - does not create a legal basis for any claim whatsoever over any part of the marine environment or its resources.

1.2 Legal regime of inland sea waters

Inland sea waters are waters located inland from the baseline of the territorial sea. These waters are under the sovereignty of the coastal state, since they are part of its territory.

Internal sea waters are:

Port waters up to the line that connects the permanent port facilities farthest to the sea, excluding artificial islands and coastal installations;

Waters of bays, estuaries, bays, if their shores belong to one state, up to the line of natural entrance, if it does not exceed 24 nautical miles. If exceeded, a 24-mile baseline straight line is drawn within the bay;

Historic waters, regardless of the natural entrance line. For example, Hudson Bay in Canada, Peter the Great Bay in Russia, Bristol Bay in Great Britain;

Waters located inland from straight baselines from which the breadth of the territorial sea is measured when the coast is deeply indented or along the coast of a chain of islands.

There is no right of innocent passage in inland sea waters. The legal regime of these spaces is determined by the legislation of the coastal state, which is binding on non-military vessels. As a rule, the coastal state establishes the rules for border, customs, sanitary, phytosanitary, veterinary control.

Military ships of foreign states in internal sea waters enjoy extraterritoriality, are not subject to customs examination, jurisdiction for crimes committed on board. For example, according to paragraph 3 of Art. 5 of the Criminal Code of the Republic of Belarus, criminal liability under this code is borne by persons who have committed a crime on a warship or military aircraft of the Republic of Belarus, regardless of their location. On the basis of paragraph 2 of Art. 299 of the Customs Code of the Republic of Belarus, foreign warships (vessels) are exempted from customs inspection. At the same time, foreign warships are required to comply with local laws and regulations while in the internal sea waters of other states.

Foreign ships enter inland waters, as a rule, by permission or invitation. The coastal state may declare a list of open ports that non-military foreign seagoing vessels may enter without permission, regardless of the flag of the vessel. The coastal state also has the right to declare a list of ports closed for the entry of foreign ships. However, a ship in distress has the right to call at any port of a coastal state. In addition, a permit is not required if the forced entry is associated with other emergency circumstances: an accident on board, the need for urgent medical assistance, etc.

There is no charge for calling and staying at the port of foreign ships. The fee can be set only for the services rendered for pilotage, towing, use of port cranes for unloading, loading, etc.

Non-military foreign ships during their stay in internal waters and ports are subject to the jurisdiction of a foreign state.

1.3 Legal regime of the territorial sea

The territorial sea is a sea space adjacent to a land territory or to inland waters, falling under the sovereignty of the coastal state, which is its territory. The outer border of the territorial sea is the state border. The outer boundary of the territorial sea is a line, each point of which is located from the nearest point of the baseline at a distance equal to the breadth of the territorial sea.

Each state has the right to establish the breadth of its territorial sea up to 12 nautical miles, measured from baselines, determined according to the following rules:

1) normal baseline - determined by the low tide line along the coast. Indicated on large-scale nautical charts officially recognized by the coastal state;

2) in the case of islands located in atolls or islands with fringing reefs, the baseline for measuring the breadth of the territorial sea is the reef line facing the sea at low tide, as shown by the corresponding sign on charts officially recognized by the coastal State;

3) in places where the coastline is deeply indented and winding, or where there is a chain of islands along the coast and in its immediate vicinity, the method of straight baselines connecting the corresponding points may be used to draw a baseline from which the breadth of the territorial sea is measured.

Where, due to delta or other natural conditions, the coastline is highly variable, points may be selected along the maximum low-tide line that protrudes into the sea, and despite the subsequent retreat of the low-tide line, straight baselines remain valid until then. until they are changed by the coastal state.

When drawing straight baselines, no noticeable deviations from the general direction of the coast are allowed, and the sea areas lying on the inner side of these lines must be sufficiently closely connected with the coastal territory so that the inland waters regime can be extended to them.

Straight baselines are drawn to and from ebb-drying elevations only if lighthouses or similar structures have been erected on them, which are always above sea level, or if the drawing of baselines to such elevations or from them has received universal international recognition ...

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 the exclusive economic zone.

Most countries have established a 12-mile territorial sea. USA 3 nautical miles, Norway 4 nautical miles, Greece 6 nautical miles.

The sovereignty of the coastal state extends to the waters, subsoil, bottom, airspace over the territorial sea. The specificity of the legal regime of the territorial sea lies in the existence of the right of innocent passage, the essence of which is as follows.

Military and non-military vessels of all states, both coastal and landlocked, enjoy the right of innocent passage through the territorial sea. In this case, it is not required to obtain prior permission from the competent authorities of the coastal state.

Passage means navigation through the territorial sea for the purpose of:

Cross this sea without entering inland waters or standing in the roadstead or at a port facility outside inland waters; or

To go into or out of internal waters, or to stand in such a roadstead or at such a port facility.

The passage must be continuous and fast. However, the passage may include stopping and anchoring if they:

Associated with regular swimming

Needed by force majeure or disaster

Needed for the purpose of providing assistance to persons, ships or aircraft in danger or in distress.

The passage is peaceful, unless it violates the peace, good order or security of the coastal state. Such a passage must be made in accordance with the norms of international law.

The passage of a foreign vessel is considered to violate the peace, good order or security of the coastal state if it carries out any of the following activities in the territorial sea:

1) the threat or use of force against the sovereignty, territorial integrity or 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;

2) any maneuvers or exercises with weapons of any kind;

3) any act aimed at collecting information to the detriment of the defense or security of the coastal state;

4) any act of propaganda intended to infringe on the defense or security of the coastal state;

5) lifting into the air, landing or taking on board any aircraft;

6) lifting into the air, landing or taking on board any military device;

7) loading or unloading any goods or currency, embarking or disembarking any person, contrary to customs, fiscal, immigration or health laws and regulations of the coastal state;

8) any act of intentional and serious pollution;

9) any fishing activity;

10) conducting research or hydrographic activities;

11) any act aimed at interfering with the functioning of any communication systems or any other structures or installations of the coastal state;

12) any other activity not directly related to the passage.

The coastal state should not impede the innocent passage of foreign ships through the territorial sea. A coastal State may take measures in its territorial sea as necessary to prevent passage that is not peaceful.

With regard to ships navigating into internal waters or using port facilities outside internal waters, the coastal State also has the right to take the necessary measures to prevent any violation of the conditions under which these ships are admitted into internal waters and use port facilities.

A coastal State may, without discrimination in form or in substance between foreign courts, 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 for the protection of its safety, including conducting exercises with the use of weapons. Such suspension will take effect only after it has been duly published.

The coastal State shall not stop or alter a foreign ship passing through the territorial sea for the purpose of exercising civil jurisdiction over a person on board. The coastal State may impose penalties or arrest against such a vessel in any civil case only for obligations or by virtue of liability assumed or incurred by that vessel during or for its passage through the waters of the coastal State.

If a warship fails to comply with the laws and regulations of the coastal state relating to the passage through the territorial sea, and ignores any requirement to comply with them, the coastal state may require it to immediately leave the territorial sea.

The flag State shall be internationally liable for any damage or loss caused to the coastal State as a result of the failure by any warship or other government vessel operated for non-commercial Purposes to comply with the laws and regulations of the coastal State relating to passage through the territorial sea or international law.

international maritime law

1.4 Legal regime of the high seas

The high sea is a maritime space that is in the common and equal use of all states and nations, which is an international territory that does not fall under the sovereignty or jurisdiction of a particular state and is not part of the territorial, inland sea, an exclusive economic zone. No state has the right to claim the subordination of any part of the high seas to its sovereignty.

The high seas are open to all states, both coastal and landlocked. Freedom of the high seas includes, in particular, for both coastal states and landlocked states:

Freedom of navigation;

Freedom of flight;

Freedom to lay submarine cables and pipelines;

Freedom to build artificial islands and other installations permitted under international law;

Freedom of fishing;

Freedom of scientific research.

All states exercise these freedoms with due regard for the interest of other states in the enjoyment of the freedom of the high seas, and also with due regard for the rights provided for in the UN Convention on the Law of the Sea.

Every state, whether it is coastal or landlocked, has the right to have ships flying its flag on the high seas.

Each state determines the conditions for granting its nationality to ships, registering ships on its territory and the right to fly its flag. Ships have the nationality of the state under whose flag they are entitled to sail. There must be a real connection between the state and the ship. Each state issues the relevant documents to the ships, which it grants the right to fly its flag.

A vessel must fly the flag of only one State and submit to its exclusive jurisdiction on the high seas. A vessel cannot change its flag while sailing or anchored when entering port, unless there is a valid transfer of ownership or a change in registration.

A ship sailing under the flags of two or more states, using them according to convenience, cannot require recognition of any of the respective nationalities by other states and can be equated with ships that do not have a nationality.

Each state effectively exercises its jurisdiction and control over the ships flying its flag in administrative, technical and social matters.

A State that has clear reason to believe that proper jurisdiction and control over a ship is not being exercised may report such facts to the flag State. Upon receipt of such a communication, the flag State is under an obligation to investigate the matter and, where appropriate, take any action required to remedy the situation.

Each State shall organize an investigation by a suitably qualified person or persons or under their direction of each maritime accident or navigational incident on the high seas involving a ship flying its flag, resulting in the death of citizens of another State or to them causing serious injury or serious damage to ships or installations of another State. , or the marine environment. The flag State and the other State shall co-operate in any investigation by that other State into any such maritime accident or navigational incident.

Warships on the high seas enjoy complete immunity from the jurisdiction of any state other than the flag state.

Ships owned or operated by a State and employed only in the non-commercial public service enjoy full immunity on the high seas from the jurisdiction of any State other than the flag State.

In the event of a collision or any other navigational incident with a ship on the high seas, which entails the criminal or disciplinary liability of the master or any other "person serving on the ship, criminal or disciplinary proceedings against this person may only be instituted by the judicial or administrative authorities of the state. flag or of the state of which this person is a citizen.

Arrest or detention of a vessel on the high seas may be ordered by the authorities of the flag State.

The UN Convention on the Law of the Sea establishes the obligation to provide assistance on the high seas. Thus, each state imposes an obligation on the captain of any ship flying its flag, to the extent that the captain can do so without seriously endangering the ship, crew or passengers:

1) provide assistance to any person found at sea who is in danger of death;

2) follow as fast as possible to help those in distress, if he is informed that they need help, since such an action on his part can reasonably be counted on;

3) after a collision, provide assistance to another ship, its crew and its passengers and, when possible, inform this other ship of the name of its ship, its port of registration and the nearest port to which it will call.

Piracy means:

1) any unlawful act of violence, detention or any robbery committed for personal purposes by the crew or passengers of any private ship or private aircraft and directed:

On the high seas against another ship or aircraft or against persons or property on board;

Against any ship or aircraft, person or property in a place outside the jurisdiction of any state;

2) any act of voluntary participation in the use of any ship or aircraft, committed with knowledge of the circumstances by virtue of which the ship or aircraft is a pirate ship or aircraft;

3) any act that is incitement or deliberate assistance in the performance of the acts specified above.

Piracy acts, as defined above, when committed by a warship, government vessel or government aircraft, the crew of which revolted and seized control of that ship, vessel or aircraft, are equivalent to acts committed by a privately owned or privately owned vessel. aircraft.

Seizure for piracy may only be carried out by warships or military aircraft, or other ships or aircraft that have clear external markings to identify them as being on government service and are authorized for this purpose.

The UN Convention on the Law of the Sea establishes the principle of cooperation between states:

In the suppression of the illegal trade in drugs and psychotropic substances carried out by ships on the high seas in violation of international conventions;

In the suppression of unauthorized broadcasting from the high seas.

Unauthorized broadcasting means the transmission, in violation of international regulations, of sound radio or television programs from a ship or installation on the high seas intended for reception by the general public, except, however, for the transmission of distress signals.

The UN Convention on the Law of the Sea grants naval vessels meeting a foreign vessel on the high seas, with the exception of vessels enjoying immunity, the right to search it if there are reasonable grounds to suspect that:

This ship is engaged in piracy;

This ship is engaged in the slave trade;

This vessel is engaged in unauthorized broadcasting;

This vessel has no nationality, or although it has a foreign flag raised or refuses to fly the flag, this vessel actually has the same nationality as this warship.

Interesting from a practical point of view is the "right of hot pursuit" provided by the UN Convention on the Law of the Sea.

Hot pursuit of a foreign vessel may be initiated if the competent authorities of the coastal State have reasonable grounds to believe that the vessel has violated the laws and regulations of that State. Such pursuit shall commence when the foreign ship or one of its boats is in internal waters, archipelagic waters, territorial sea or contiguous zone of the pursuing State, and may continue beyond the territorial sea or contiguous zone only on condition that it does not is interrupted. It is not required that at the time when a foreign vessel navigating in the territorial sea or contiguous zone receives an order to stop, the vessel issuing this order is also within the territorial sea or contiguous zone. If a foreign ship is in the contiguous zone, the pursuit can only begin in connection with the violation of the rights for the protection of which this zone is established.

The right to lay submarine cables and pipelines on the bottom of the open sea outside the continental shelf is granted to all states.

All states have the right to have their citizens fish on the high seas, subject to the rules of the UN Convention on the Law of the Sea.

1.5 Legal regime of the exclusive economic zone and the continental shelf

An exclusive economic zone is a sea space adjacent to a territorial sea not more than 200 nautical miles wide, measured from the same baselines from which the breadth of the territorial sea is measured.

The exclusive economic zone is a territory with a mixed legal regime, since a certain amount of rights in relation to this part of the sea space are vested in the coastal state and other states.

The rights of the coastal state in the exclusive economic zone can be divided into the following groups:

1) sovereign rights for the exploration, development and conservation of living and non-living resources in the waters, at the bottom and in the subsoil, for the management of these resources,

2) sovereign rights in relation to other types of exploration and development of the given zone,

3) jurisdiction over the creation of artificial islands, installations and structures, marine scientific research, protection and preservation of the marine environment.

The rights of non-coastal states, including those that have no access to the sea at all, are as follows:

1) freedom of navigation,

2) freedom of flight,

3) laying of cables and pipelines along the seabed.

In cases where a conflict arises between the interests of the coastal State and any other State, the conflict should be resolved on the basis of fairness and in the light of all relevant circumstances, taking into account the importance of the interests involved for each of the parties, as well as for the international community as a whole.

The coastal state in the exclusive economic zone has the exclusive right to construct, as well as authorize and regulate the creation, operation and use of:

1) artificial islands;

2) installations and structures for economic purposes;

3) installations and structures that may interfere with the exercise of the rights of the coastal state in the zone.

The coastal state has exclusive jurisdiction over such artificial islands, installations and structures, including jurisdiction over customs, fiscal, sanitary and immigration laws and regulations, as well as laws and regulations relating to security.

The establishment of such artificial islands, installations or structures should be properly notified and permanent means of warning of their presence should be maintained in good condition. Any plant or structure abandoned or no longer in use should be removed to ensure the safety of navigation, taking into account any generally accepted international standards established in this regard by a competent international organization. When removing such installations or structures, the interests of fishing, the protection of the marine environment, the rights and obligations of other states are also duly taken into account. The depth, location and size of any installations or structures that are not completely removed shall be duly alerted.

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

The width of the safety zones is determined by the coastal state, taking into account applicable international standards. These zones shall be established so that they are reasonably related to the nature and function of artificial islands, installations or structures and do not extend around them by more than 500 meters, measured from each point of their outer edge, except where permitted by generally accepted international standards, or recommended by a competent international organization. The extent of the safety zones is appropriately alerted.

The coastal state has the right to determine the allowable catch of living resources in its exclusive economic zone. It is obliged to ensure, through appropriate conservation and management measures, that the state of living resources in the exclusive economic zone is not endangered by overexploitation.

The transfer and exchange of available scientific information, catch and effort statistics and other data relevant to the conservation of fish stocks are envisaged.

Landlocked States have the right to participate, on an equitable basis, in the exploitation of the relevant part of the remaining allowable catch of living resources in the exclusive economic zones of coastal States of the same subregion or region, taking into account the relevant economic and geographic circumstances of all States concerned.

The coastal State, in exercising its sovereign rights to explore, exploit, conserve and manage living resources in the exclusive economic zone, may take such measures, including search, inspection, seizure and judicial proceedings, as may be necessary to enforce laws and regulations adopted by it. in accordance with the UN Convention on the Law of the Sea.

The continental shelf of a coastal state is the seabed and subsoil of underwater areas extending beyond its territorial sea along the entire length of the natural extension of its land territory to the outer border of the underwater edge of the continent or at a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, when the outer boundary of the underwater edge of the continent does not extend for such a distance.

The submarine margin of the continent includes the continuation of the continental massif of the coastal state located under water and consists of the surface and subsoil of the shelf, slope and rise. It does not include the ocean floor at great depths, including its oceanic ridges or its subsoil.

The coastal state shall establish the external boundary of the underwater margin of the continent in all cases when this margin extends more than 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.

In any event, the fixed points that make up the line of the outer limits of the continental shelf on the seabed shall be no further than 350 nautical miles from the baselines from which the breadth of the territorial sea is measured, or no further than 100 nautical miles from the 2500-meter isobath, which is the line connecting depths of 2500 meters.

The coastal state exercises sovereign rights over the continental shelf in order to explore and develop its natural resources. The sovereignty of these rights lies in the fact that if a coastal state does not conduct exploration of the continental shelf or develop its natural resources, no one can do so without the express consent of the coastal state.

The rights of a coastal state to the continental shelf do not depend on the effective or fictitious occupation of the shelf by it or on a direct statement about it.

The rights of the coastal state to the continental shelf do not affect the legal status of the overlying waters and the airspace above these waters.

The exercise of the rights of the coastal state in relation to the continental shelf should not infringe upon the exercise of navigation and other rights and freedoms of other states, or lead to any unjustified obstacles to their exercise.

All states have the right to lay submarine cables and pipelines on the continental shelf. The coastal state has the exclusive right to authorize and regulate drilling operations on the continental shelf for any purpose.

1.6 Legal regulation of the use of the seabed of the World Ocean

The legal regime of the seabed of the World Ocean, which is not under the sovereignty or jurisdiction of a particular state, is enshrined in the UN Convention on the Law of the Sea. This part is referred to in the Convention as "area". The area and its resources are the common heritage of humankind. This means that no State or other subject of international law can claim sovereignty or other sovereign rights over any part of the Area or its resources. These restrictions also apply to individuals and legal entities.

The resources of the Area may not be alienated, however if they are mined, such alienation is permitted.

The resources of the Area are managed by the International Seabed Authority (hereinafter referred to as the Authority), whose members are the states parties to the UN Convention on the Law of the Sea.

Activities in the Area shall be carried out with reasonable regard to other activities in the marine environment.

Installations used to carry out activities in the Area must meet the following conditions:

1) such installations are erected, installed and removed only in compliance with the norms, rules and procedures of the Authority. The erection, installation and removal of such installations should be properly notified and permanent means of warning of their presence should be maintained in good condition;

2) such installations may not be installed where it could interfere with the use of recognized sea routes of significant importance to international shipping, or in areas of intense fishing activity;

3) Adequately marked safety zones are created around such installations to ensure the safety of both navigation and installations. The configuration and location of such safety zones should be such that they do not form a belt that impedes the lawful access of ships to specific sea zones or navigation on international sea routes;

4) such installations are used exclusively for peaceful purposes;

5) such installations do not have the status of islands. They do not have their own territorial sea, and their presence does not affect the delimitation of the territorial sea, exclusive economic zone or continental shelf.

Other activities in the marine environment are conducted with reasonable regard to activities in the Area.

Activities in the Area are carried out in such a way as to contribute to the healthy development of the world economy and the balanced growth of international trade and to promote international cooperation for the comprehensive development of all countries, especially developing countries. The purpose of activities in the Area is to ensure:

Development of the resources of the Area;

The orderly, safe and rational use of the resources of the Area, including the efficient conduct of activities in the Area and, in accordance with reasonable principles of resource conservation, the prevention of unnecessary losses;

Expanding opportunities to participate in such activities;

Authority's participation in revenue and technology transfer;

expanding the ability to extract minerals from the Area, as needed, along with minerals from other sources, to ensure the supply of such minerals to consumers;

Promote fair and sustainable prices that are beneficial to producers and fair to consumers for minerals from both the Area and other sources, and promote a long-term balance between supply and demand;

Enhancing opportunities for participation in the development of the resources of the Area for all States Parties, regardless of their socio-economic systems or geographic location, and preventing monopolization of activities in the Area;

Protecting developing States from adverse effects on their economies or on their export earnings arising from a decrease in the price of a particular type of mineral or a decrease in the volume of exports of that type of mineral to the extent that such decrease or decrease is caused by activities in the Area;

Developing a common heritage for the benefit of all humanity.

1.7 Legal regime of international straits and canals

An international strait is a strait that connects parts of the sea and is used for international shipping. The strait is a natural sea passage. The legal regime of such channels is based on the principle of combining the interests of the bordering states and the states using these channels.

Based on the norms of the UN Convention on the Law of the Sea, the legal regime of international straits can be divided into the following types:

1) straits used for navigation between a part of the high seas or an exclusive economic zone and the territorial sea of another state (for example, the Messina, Tirana straits). In such straits, the right of innocent passage operates, the essence of which is described by us above;

2) straits used for international shipping between one part of the high seas or exclusive economic zone and another part of the high seas or exclusive economic zone (for example, Gibraltar, Malacca straits). In such straits, the right of transit passage is used, the essence of which is as follows.

Transit passage is the exercise of freedom of navigation and flight solely for the purpose of continuous and rapid transit through the strait between one part of the high seas or exclusive economic zone and another part of the high seas or exclusive economic zone. However, the requirement of continuous and rapid transit does not exclude passage through the strait for the purpose of entering, leaving or returning from a state bordering the strait, subject to the conditions of entry into such a state.

Vessels and aircraft when exercising the right of transit passage:

Follow without delay through or over the strait;

Refrain from any threat or use of force against the sovereignty, territorial integrity or political independence of states bordering the strait, or in any other way in violation of the principles of international law embodied in the Charter of the United Nations;

Refrain from any activity other than that which is inherent in their usual order of continuous and rapid transit, unless such activity is caused by force majeure or disaster.

Vessels in transit:

Comply with generally accepted international rules, procedures and practices related to safety at sea, including the International Regulations for the Prevention of Collisions at Sea;

Comply with generally accepted international rules, procedures and practices for the prevention, reduction and control of pollution from ships.

Aircraft in transit:

Comply with the International Civil Aviation Organization's Flight Rules as they relate to civil aviation; State aircraft will normally comply with such safety measures and operate at all times with due regard to safety;

Continuously monitor the radio frequencies allocated by the internationally designated competent air traffic control authority or the corresponding international frequencies allocated for the transmission of distress signals.

During transit through the straits, foreign vessels, including marine research and hydrographic vessels, may not conduct any research or hydrographic surveys without the prior permission of the states bordering the straits.

States bordering straits may establish sea lanes and prescribe traffic separation schemes for navigation in the straits when necessary to facilitate the safe passage of ships. Such States may, when circumstances so require and after proper notification, replace any previously established or prescribed sea lanes or traffic separation schemes with other corridors or schemes.

States bordering straits should not impede transit passage and should give appropriate notification of any danger known to them to navigation in the strait or overflight. There should be no suspension of the transit passage;

3) straits that have a strip of the open sea or an exclusive economic zone in the median line (for example, Taiwan, Korea straits). In these straits, the right to freedom of navigation applies;

4) straits, the legal regime of which is determined by special international agreements (for example, the Strait of Magellan, Bosphorus, Dardanelles).

The sea channel is an artificially created sea passage.

Suez Canal - the legal regime is determined by the Constantinople Convention of 1888, which the Egyptian government pledged to comply with after the adoption of the act on the nationalization of the Suez Canal. The principle of freedom of use of the sea channel by ships of all nations is characteristic. In addition, the principles of equality of all states when using the channel and the principle of neutrality, the prohibition of blockade of the channel, are used. The order of navigation on the canal is determined by the Rules of Navigation on the Suez Canal.

Kiel Canal - The legal regime is determined by the Treaty of Versailles of 1919 and the Rules of Navigation in the Kiel Canal. Merchant ships of all states enjoy freedom of passage after payment of transit fees and obtaining a clearance certificate. Warships must obtain permission in advance through diplomatic channels.

Panama Canal - is under the sovereignty of Panama, the legal regime is determined by the Panama Canal Treaty and the Rules of Navigation on the Panama Canal. A special fee is charged for the right to sail on the canal. In the canal zone, only Panama carries out the management and defense of the canal, customs, police services. Panamanian criminal and civil laws apply. The channel's neutrality and the principle of the channel's openness for peaceful and equal passage of the courts of all countries were proclaimed.

List of sources used

1. Lukashuk I.I. International law. Special part: textbook. for legal. fac. and universities / Lukashuk I.I. - 2nd ed., Rev. and add. - Moscow: BEK, 2001 .-- 419 p.

2. Vasilieva L.A. International public law: an intensive training course / L.A. Vasilieva, O.A. Bakinovskaya. - Minsk: TetraSystem, 2009 .-- 256 p.

3. International law: textbook. For universities in the specialty and direction "Jurisprudence" / N.G. Belyaev - 2nd ed., Rev. and add. - Moscow: Norma: Izd. House "Infra-M", 2002. - 577 p.

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International maritime law - a branch of international law, is a set of agreed principles and norms that determine the legal status of maritime spaces and regulate relations between subjects of international law on the use of the World Ocean, its bottom and subsoil for various purposes.

Difficulties in defining the concept of "law of the sea" are due to the fact that the general law of the sea leaves an imprint of tradition. In the past, it was equated with private legal norms that concerned maritime navigation, and above all, maritime trade law. This combination of public law and private law in the law of the sea was due to the historical development of this industry.

Not only medieval collections of maritime law, such as "Basili-ka", "Consulate del Mare", Visby laws, Oleronskі rules governing public and private legal relations of maritime navigation, but this was precisely carried out by the first universal codification of maritime law on the example of French Ordinance 1681 p., the atom division of public and private maritime law began in the 18th century, when group trade interests were no longer consistent with the interests of states and their economic, strategic and colonial policies. At present, states are beginning to file claims with maritime courts119.

The change in the definition of the law of the sea, which led to the expansion of its concept, was due to the expansion of human activity in the marine environment, which is no longer limited only to activities on the surface of the sea space, but also covers the sea space (space marine) and the seabed where mineral resources

under them. The activity is mainly of an economic nature, but not only: this also applies to scientific research, recreational and even military operations.

The principle of freedom of the high seas was formed during the 15th - 17th centuries. in the frequent struggle between the feudal states - Spain and Portugal - and the states in which the capitalist mode of production was born - England, France, which advocated freedom of the seas. In his work "Marc liberum" G. Grotius defended the idea that the high seas cannot be the subject of the possession of states and individuals, and the use of it by one state should not prevent other states from using it.

In the future, it was precisely the needs for the development of international economic relations that were the objective reason that led to a wider recognition of the principle of freedom of the high seas. Its final approval took place in the second half of the 18th century.

Simultaneously with the institution of the high seas, norms were formed that relate to the territorial waters or the territorial sea. In parallel, the search for criteria for determining its width began. At the end of the 18th century. the Italian lawyer M. Galliani proposed the boundary of the territorial waters - 3 nautical miles, although in practice the states established its width mainly in the range from 3 to 12 nautical miles. It was under the influence of the principle of freedom of the high seas that the right of innocent passage of foreign non-military vessels through the territorial sea arose and received a general definition.

Studying the process of formation of international legal norms regulating the regime of maritime spaces and various types of activities of states on the use of the World Ocean since the end of the 18th century. until the middle of the 20th century, it can be noted that these were primarily the norms of customary law, some of which were enshrined in agreements concluded by states on a bilateral basis. At the same time, there were attempts to codify individual norms that dealt with the prevention of collisions at sea, safety of navigation, etc. But at that time there was no interest of the international community in the treaty consolidation of already existing customary norms in the corresponding universal international convention.

It is worth noting that the uses of the World Ocean were limited to shipping and fishing, only after the Second World War developed countries began to explore and use the natural resources of the continental shelf and beyond. This multifaceted activity of states on the use of the World Ocean has created conditions for the emergence of a specific subject of legal regulation of the relevant branch of international law. Therefore, the completion of the process of formation of international maritime law as a branch of general international law must be associated with its codification, that is, with the entry into force of the Geneva Conventions on the Law of the Sea of 1958, which coincided with the beginning of the scientific and technological revolution in the second half of the 20th century.

Modern maritime law can be characterized as a fairly clear system of interrelated and complementary principles and norms that correspond to the tasks and interests of strengthening a single and universal legal order in the seas and oceans.

In terms of their content and regulatory purpose, the norms of international maritime law determine, first of all, the legal regime of maritime spaces. These norms should reflect the objective necessity and need for all states to use sea spaces and oceans and at the same time take into account the rights and interests of coastal states. Therefore, the first maritime customs related to the determination of the legal status of maritime spaces and proceeded from the fact that the sea waters of ports and harbors, as well as the coastal strip of sea waters, which was called "territorial waters", are subject to the sovereignty of coastal states and are part of the state territory. The rest of the sea spaces were considered international, that is, accessible and open for their use by all states. None of the states has the right to encroach on the national appropriation of these spaces or their subordination to their sovereignty.

International legal norms that determine the legal status of maritime spaces give an answer only to the question of whether these spaces are subject to the sovereignty of any state or not. In order to establish a clear procedure for the specific activities of states within the framework of the respective spaces, norms are also needed that determine the legal regime of these maritime spaces, as well as specific rights and obligations of states in relation to legally permissible uses and development by states of certain maritime spaces. Therefore, the norms of the law of the sea, which relate to the legal status and legal regime of maritime spaces, mutually complement each other.

Modern international maritime law has become a convention law. In general, all the basic customary legal principles and norms that make up its content have been codified and further developed and consolidated in written international documents - conventions, treaties, etc.

There have been dramatic changes in the socio-legal sense and in the role of modern international maritime law. Along with the traditional uses of maritime spaces, the subject of international legal regulation in the 1982 UN Convention on the Law of the Sea was all those new relations of states that were due to socio-economic, scientific and technical progress in the development of maritime spaces and resources. As a result, new legal concepts and categories in international maritime law appeared and were established - "continental shelf", "exclusive economic zone", "waters of archipelagic states", "international area of the seabed", etc. New institutions and norms of international maritime law have emerged ... In cases where any issues of the use of the sea are not regulated by international law of the sea, they "continue to be governed by the norms and principles of general international law, as stated in the 1982 UN Convention on the Law of the Sea.

Many norms and institutions that make up the content of international maritime law are not found in other areas of international legal regulation. These include: freedom of the high seas; exclusive jurisdiction of the flag state on the high seas; the right to pursue in hot pursuit; the right of innocent passage of foreign ships through the territorial sea, the right of transit passage through straits used for international navigation; archipelagic passage right; the right to seize pirate ships and crews on the high seas, etc.

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