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PIL: WEEK 6
TERRITORY, DUTIES OF COASTAL STATE NOT TO:
HAMPER IP OF…
PIL: WEEK 6
TERRITORY
UNCLOS
PART I INTRODUCTION
Article 1 Use of terms and scope
- For the purposes of this Convention:
(1) "Area" means the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction;
(2) "Authority" means the International Seabed Authority;
(3) "activities in the Area" means all activities of exploration for, and exploitation of, the resources of the Area;
(4) "pollution of the marine environment" means the introduction by man, directly or indirectly, of substances or energy into the marine environment, including estuaries, which results or is likely to result in such deleterious effects as harm to living resources and marine life, hazards to human health, hindrance to marine activities, including fishing and other legitimate uses of the sea, impairment of quality for use of sea water and reduction of amenities;
(5) (a) "dumping" means:
(i) any deliberate disposal of wastes or other matter from vessels, aircraft, platforms or other man-made structures at sea;
(ii) any deliberate disposal of vessels, aircraft, platforms or other man-made structures at sea;
(b) "dumping" does not include:
(i) the disposal of wastes or other matter incidental to, or derived from the normal operations of vessels, aircraft, platforms or other man-made structures at sea and their equipment, other than wastes or other matter transported by or to vessels, aircraft, platforms or other man-made structures at sea, operating for the purpose of disposal of such matter or derived from the treatment of such wastes or other matter on such vessels, aircraft, platforms or structures; (ii) placement of matter for a purpose other than the mere disposal thereof, provided that such placement is not contrary to the aims of this Convention.
- (1) "States Parties" means States which have consented to be bound by this Convention and for which this Convention is in force.
(2) This Convention applies mutatis mutandis to the entities referred to in article 305, paragraph l(b), (c), (d), (e) and (f), which become Parties to this Convention in accordance with the conditions relevant to each, and to that extent "States Parties" refers to those entities.
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DUTIES OF COASTAL STATE NOT TO:
- HAMPER IP OF SHIPS
- IMPOSE REQS ON SHIPS
a. DENYING IP
b. IMPAIRING IP
- DISCRIMINATE AGAINST ANY SHIP
a. ANY STATE
b. CARRYING CARGO
c. TO/FROM/ON BEHALF OF ANY STATE
Article 24 Duties of the coastal State
1.The coastal State shall not hamper the innocent passage of foreign ships through the territorial sea except in accordance with this Convention. In particular, in the application of this Convention or of any laws or regulations adopted in conformity with this Convention, the coastal State shall not:
(a) impose requirements on foreign ships which have the practical effect of denying or impairing the right of innocent passage; or
(b) discriminate in form or in fact against the ships of any State or against ships carrying cargoes to, from or on behalf of any State.
PUBLISH NAVIGATION DANGER
- KNOWN TO COASTAL STATE
- WITHIN TERRITORIAL SEA
- The coastal State shall give appropriate publicity to any danger to navigation, of which it has knowledge, within its territorial sea.
RIGHTS OF COASTAL STATE:
- PREVENT NON-INNOCENT PASSAGE
Article 25 Rights of protection of the coastal State
1.The coastal State may take the necessary steps in its territorial sea to prevent passage which is not innocent.
- PREVENT BREACH BY SHIPS IN IW or
PORT FACILITY OUTSIDE IW
2.In the case of ships proceeding to internal waters or a call at a port facility outside internal waters, the coastal State also has the right to take the necessary steps to prevent any breach of the conditions to which admission of those ships to internal waters or such a call is subject.
- SUSPEND INNCOENT PASSAGE IN TS IF:
a. ESSENTIAL TO PROTECT SECURITY
(INCLUDING WEAPONS EXERCISES)
b. WITHOUT DISCRIMINATION,
in FORM/FACT AMONG FOREIGN SHIPS
3.The coastal State may, without discrimination in form or in fact among foreign ships, suspend temporarily in specified areas of its territorial sea the innocent passage of foreign ships if such suspension is essential for the protection of its security, including weapons exercises. Such suspension shall take effect only after having been duly published.
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