SECTION 60. TERRITORIAL WATERS

The legal regime of the territorial sea is regulated under the International Convention on the Territorial Sea and the Contiguous Zone, adopted in Geneva in 1958,* and in accordance with national legislation of the coastal States. The territorial sea is a belt of sea of a certain breadth along the mainland and islands, under the sovereign power of the coastal State and constituting part of its territory (Fig. 145).

The territorial sea is established by States for the defense of their political, economic and other interests.

The territorial waters of coastal States have three boundaries:

a) the inner limit of the territorial sea consists of:

- lines drawn between outermost capes, rocks, skerries and permanent harbor works. These lines are called straight baselines and are drawn in places where the coastline is highly indented and cut (for example, in Norway);

The breadth of the territorial waters seaward is measured from high-water lines (of the mainland and islands), the outer limits of inland waters, or from straight baselines.

*For the text, see Vedomosti Verkhovnogo Soveta SSSR (Gazette of the Supreme Soviet of the USSR), No. 43, 21 October 1964.

**In the USSR, the inner limits of territorial waters are legally defined as low-water lines and the outer limits of inland sea waters.

If there are dry shoals along the seacoast of a State, located totally or in part at a distance from the mainland (or islands) exceeding the breadth of the territorial sea, they do not comprise part of the territorial sea;

b) the outer limit of the territorial sea is a line, each point of which is at a distance from the nearest point on the inner limit equal to the breadth of the territorial sea;

c) the lateral limit of the territorial sea (contiguous with an adjacent State) is a line delimiting the territorial seas of two contiguous States.

The outer and lateral limits of the territorial sea are the sea limits of the coastal States (Fig. 146).

There is no universally-recognized international standard defining an identical territorial sea for all States. The breadth of the territorial sea is determined independently by each coastal State.

In the practice of States, the breadth of the territorial sea is usually established at from 3 to 12 miles.

At the present, there is an observed tendency to extend the width of the territorial sea to 12 nautical miles. The Soviet Union and the majority of the socialist States have established a 12-mile territorial sea. The UAR, Iraq, Ethiopia, Indonesia, Panama and several other States have extended their territorial sea to 12 miles.*

*

*For more details, see the Table of Breadth of Territorial Seas and Special (Contiguous) Zones.

The 3-mile territorial sea, on which the U.S., Great Britain and several other States have unjustifiably insisted, is not a norm of international law.

As a rule, foreign warships may call in territorial waters only with the permission of the State to which these waters belong. The Soviet Union, the Polish People's Republic, Turkey, Indonesia, the German Democratic Republic, Pakistan, the People's Republic of Bulgaria, the Socialist People's Republic of Rumania and other States have established an authorization procedure. Other States permit calls in their territorial waters without special authorization and notification, but place certain conditions on the number of warships simultaneously calling in a certain area, on prohibition of anchoring, etc. (Sweden, Norway, Denmark, et al.). Stopping and anchoring are permitted under emergency circumstances (storm, breakdown of machinery, inadequate fuel supply, etc.).

The right of call is enjoyed by warships which proceed to a port or base of a foreign State in accordance with existing rules governing calls, and with authorization obtained through diplomatic channels from the given State. Submarines must proceed on the surface.

Foreign warships and nonmilitary vessels, deliberately calling in the territorial waters of a coastal State (including those giving a false distress signal) are considered violators of State boundaries. The naval command and border officials may request the foreign warship (force) or merchant vessel violating State boundaries to immediately leave the territorial sea and, if this request is not carried out, to take necessary measures, up to the use of force.

The 1958 Convention on the Territorial Sea and the Contiguous Zone contains rules governing "innocent passage" of foreign merchant ships through the territorial waters of States. By "innocent passage" is meant passage through the territorial waters by foreign merchant ships for the purpose of crossing them without calling in inland sea waters, or for the purpose of passage into the inland sea waters or passage from them into the high seas.

The coastal State is justified in temporarily suspending execution of this rule in certain areas of her territorial waters if such a suspension is sufficiently important for the protection of her security. Passage is not innocent if the ships making passage engage in activities which violate the peace, good order and security of the coastal State. Likewise not considered innocent is the passage of foreign fishing vessels violating the laws and rules of a coastal State governing prohibition of fishing in her territorial waters.

In accordance with Soviet law, foreign merchant ships enjoy the right of innocent passage through the territorial waters of the USSR. The 1960 Statute on Protection of the National Boundary of the USSR recognizes passage as innocent if ships proceed on the usual navigation course or a course recommended by competent authorities, observing the established regime in places where there are no areas closed to navigation, published in Notices to

Mariners. Passage includes stopping and anchoring, if they are related to ordinary navigation or are necessary as a consequence of force majeure or distress.*

Passage through the territorial waters of the USSR of foreign warships is permitted only with prior approval of our Government.**

In all cases, foreign merchant ships exercising the right of passage through the territorial sea must observe the laws and regulations published by the coastal State, and also at the request of warships and border officials must fly the national (naval) ensign and proceed on certain courses in the indicated area.

SECTION 61. HIGH SEAS

The legal regime of the high seas is regulated under the International Convention on the High Seas, adopted in Geneva in 1958.

The high seas comprise the waters of seas and oceans located beyond the limits of territorial seas, in which all States and peoples enjoy equal rights. The high seas include the waters of the Atlantic, Indian and Pacific Oceans, and the North, Mediterranean, Caribbean and other seas. The waters of the high seas are frequently called international, since they are a great waterway for all nations. However, it should be noted that international water includes the waters of the most important straits through which the main shipping routes pass.

Freedom of the high seas is a universally-recognized principle of contemporary international law. No State is justified in claiming that any part of international waters is under its own sovereignty.

The concept of freedom of the high seas embraces the following basic laws of coastal and noncoastal States:

a) freedom of navigation (military, commercial, etc.);

b) freedom to engage in fishing;

c) freedom to lay cables and pipelines;

d) freedom of overflight above the high seas.

According to the Convention on the High Seas, all States must take into account the interests of other States in exercising the right of freedom of the high seas. No State is justified in engaging in activities which could restrict the freedom of utilization of the high seas by the ships and citizens of other States.

*See Statute on Protection of the National Boundary of the USSR, 1960. Vedomosti Verkhovnogo Soveta SSSR (Gazette of the Supreme Soviet of the USSR), No. 34 (1018), 30 August 1960.

**See Pravila poseshcheniya territorial'nykh vod i portov SSSR inostrannymi voyennymi korablyami, 1960 (Rules Governing Visits of Foreign Warships to the Territorial Sea and Ports of the USSR, 1960). Notices to Mariners, Hydrological Office of the Navy, No. 8, 1964.

***For the text, see Vedomosti Verkhovnogo Soveta SSSR (Gazette of the Supreme Soviet of the USSR), No. 46, 1962, p. 467.

Legal status of warships on the high seas. Warships on the high seas are subordinated exclusively to the laws of their own State. On the high seas they enjoy full immunity, i.e., they enjoy the right of inviolability, are not subject to the laws of foreign States, and enjoy a host of other rights and privileges. Warships belonging to various States are equal in law and exercise no power with respect to each other. In addition, they must observe and fulfill the requirements of the universally-recognized norms and customs of international maritime law. For example, in meeting, they observe the established norms of naval ceremonials associated with issuance of the traditional greeting, etc.

On the high seas, warships may conduct operations aimed at the elimination of piracy,* take action against slavery, stop merchant ships suspected of breaking (damaging) a submarine cable, and examine appropriate papers of such ships. In this connection, a warship is justified in stopping and inspecting merchant ships only in specific instances, if there are sufficient grounds to suspect that they are pirate ships, are engaged in slavery or are guilty of breaking (damaging) a submarine cable.*

A warship likewise has the right to pursue and capture, on the high seas, a merchant ship violating the laws or interests of the State to which the pursuing warship belongs. The following requirements must be observed if the pursuit is to be considered legal:

1) the pursuit must be executed by a warship or military aircraft (airplane, helicopter, etc.);

2) pursuit must be conducted against a ship which has violated the laws of a coastal State in its waters or port, in order to seize her, escort her to port and hold the guilty parties liable;

3) pursuit on the high seas is legal if it began in inland or territorial waters* and continues until the violating ship enters her own or foreign territorial waters, after which pursuit may not be resumed.

Assistance at sea. Activities of warships and merchant vessels related to collisions and rendering assistance at sea are regulated under the 1910 Brussels Convention for the Unification of Certain Rules of Law in Regard to Collisions, and the 1910 Brussels Convention for the Unification of Certain Rules of Law

*Pirate ships do not possess the right of defense by the State whose flag they are flying. They may be pursued and seized by warships (aircraft) of any State. Pirates, irrespective of their citizenship, are criminally liable under the laws of the country whose warship seizes them.

**In stopping a ship suspected of damaging a cable, only those papers indicating the possibility of establishing the ship's course, area of navigation or anchorage are examined. A certificate of breakage (damage) of a cable is also drawn up. For the text of the 1884 International Convention for the Protection of Submarine Telegraph Cables, see Sbornik mezhdunarodnykh konventsiy, dogovorov, soglasheniy i pravil po voprosam torgovogo moreplavaniya (Compendium of International Conventions, Treaties, Agreements and Rules on Questions of Commercial Navigation), Moscow, "Morskoy Transport" Publishing House, 1959.

***Pursuit in the contiguous (special) zone is exercised in connection with violation of laws for the defense of which this zone was established (fishing, customs, sanitary, etc.).