tion and collaboration, including support for functionally oriented regional agreements. Conclusion of a Law of the Sea Treaty would provide proof that states can and will resolve their differencescan and will find avenues for compromise even when important national interests are involved-can and will temper their nationalism and propensity toward unfettered sovereignty when overriding community interests and values are at stake. The conclusion of a treaty would demonstrate, quite simply, that we-the society of nations have both the will and capacity for building a stable structure of peace and community. Dept. of State Press Release No. 514 (Nov. 11, 1977). $2 The Territorial Sea Limits and Innocent Passage Part II of the informal composite negotiating text (ICNT) resulting from the Sixth Session of the Third U.N. Conference on the Law of the Sea, May 23-July 15, 1977, contains articles dealing with the juridical status, breadth, and baselines of the territorial sea, right of innocent passage, sea lanes, and rights and duties of coastal states. The U.S. delegation to this 1977 session reported general agreement among states on these subjects. Set forth below are excerpts from Part II of the ICNT entitled Territorial Sea and Contiguous Zone, as printed in Vol. VIII of the Official Records of the Conference (U.N. Doc. A/CONF.62/WP.10 and ADD.1) : Part II. Territorial sea and contiguous zone Article 2. Juridical status of the territorial sea, of the air space over the territorial sea and of its bed and subsoil 1. The sovereignty of a coastal State extends beyond its land territory and internal waters, and in the case of an archipelagic State, its archipelagic waters, over an adjacent belt of sea described as the territorial sea. 2. This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil. 3. The sovereignty over the territorial sea is exercised subject to the present Convention and to other rules of international law. SECTION 2. LIMITS OF THE TERRITORIAL SEA Article 3. Breadth of the territorial sea Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines determined in accordance with the present Convention. Article 6. Reefs In the case of islands situated on atolls or of islands having fringing reefs. the baseline for measuring the breadth of the territorial sea is the seaward low-water line of the reef, as shown by the appropriate symbol on official charts. Article 7. Straight baselines 1. In localities where the coastline is deeply indented and cut into, or if there is a fringe of islands along the coast in its immediate vicinity, the method of straight baselines joining appropriate points may be employed in drawing the baseline from which the breadth of the territorial sea is measured. 2. Where because of the presence of a delta and other natural conditions the coastline is highly unstable, the appropriate points may be selected along the furthest seaward extent of the low-water line and, notwithstanding subsequent regression of the low-water line, such baselines shall remain effective until changed by the coastal State in accordance with the present Convention. 3. The drawing of such baselines must not depart to any appreciable extent from the general direction of the coast, and the sea areas lying within the lines must be sufficiently closely linked to the land domain to be subject to the régime of internal waters. 4. Straight baselines shall not be drawn to and from low-tide elevations, unless lighthouses or similar installations which are permanently above sea level have been built on them or except in instances where the drawing of baselines to and from such elevations has received general international recognition. 5. Where the method of straight baselines is applicable under paragraph 1 account may be taken, in determining particular baselines, of economic interests peculiar to the region concerned, the reality and the importance of which are clearly evidenced by a long usage. 6. The system of straight baselines may not be applied by a State in such a manner as to cut off from the high seas or the exclusive economic zone the territorial sea of another State. Article 13. Low-tide elevations 1. A low-tide elevation is a naturally formed area of land which is surrounded by and above water at low tide but submerged at high tide. Where a low-tide elevation is situated wholly or partly at a distance not exceeding the breadth of the territorial sea from the mainland or an island, the low-water line on that elevation may be used as the baseline for measuring the breadth of the territorial sea. 2. Where a low-tide elevation is wholly situated at a distance exceeding the breadth of the territorial sea from the mainland or an island, it has no territorial sea of its own. Article 14. Combination of methods for determining baselines The coastal State may determine baselines in turn by any of the methods provided for in the foregoing articles to suit different conditions. Article 15. Delimitation of the territorial sea between States with opposite or adjacent coasts Where the coasts of two States are opposite or adjacent to each other, neither of the two States is entitled, failing agreement between them to the contrary, to extend its territorial sea beyond the median line every point of which is equidistant from the nearest points on the baselines from which the breadth of the territorial seas of each of the two States is measured. This article does not apply, however, where it is necessary by reason of historic title or other special circumstances to delimit the territorial seas of the two States in a way which is at variance with this provision. Article 16. Charts and lists of geographical coordinates 1. The baselines for measuring the breadth of the territorial sea determined in accordance with articles 7, 9 and 10, or the limits derived therefrom, and the lines of delimination drawn in accordance with articles 12 and 15, shall be shown on charts of a scale or scales adequate for determining them. Alternatively, a list of geographical coordinates of points, specifying the geodetic datum, may be substituted. 2. The coastal State shall give due publicity to such charts or lists of geographical coordinates and shall deposit a copy of each such chart or list with the Secretary-General of the United Nations. SECTION 3. INNOCENT PASSAGE IN THE TERRITORIAL SEA SUBSECTION A. BULES APPLICABLE TO ALL SHIPS Article 17. Right of innocent passage Subject to the present Convention, ships of all States, whether coastal or landlocked, enjoy the right of innocent passage through the territorial sea. Article 18. Meaning of passage 1. Passage means navigation through the territorial sea for the purpose of: (a) Traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or (b) Proceeding to or from internal waters or a call at such roadstead port facility. 2. Passage shall be continuous and expeditious. However, passage includes stopping and anchoring, but only insofar as the same are incidental to ordinary navigation or are rendered necessary by force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress. Article 19. Meaning of innocent passage 1. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with the present Convention and with other rules of international law. 2. Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the coastal State, if in the territorial sea it engages in any of the following activities: (a) Any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal State, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations; (b) Any exercise or practice with weapons of any kind; (c) Any act aimed at collecting information to the prejudice of the defense or security of the coastal State; (d) Any act of propaganda aimed at affecting the defense or security of the coastal State; (e) The launching, landing or taking on board of any aircraft; (f) The launching, landing or taking on board of any military device; (g) The embarking or disembarking of any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary regulations of the coastal State; (h) Any act of willful and serious pollution, contrary to the present Convention; (i) Any fishing activities; (j) The carrying out of research or survey activities; (k) Any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal State; (1) Any other activity not having a direct bearing on passage. Article 20. Submarines and other underwater vehicles In the territorial sea, submarines and other underwater vehicles are required to navigate on the surface and to show their flag. Article 21. Laws and regulations of the coastal State relating to innocent passage 1. The coastal State may make laws and regulations, in conformity with the provisions of the present Convention and other rules of international law. relating to innocent passage through the territorial sea, in respect of all or any of the following: (a) The safety of navigation and the regulation of marine traffic; (b) The protection of navigational aids and facilities and other facilities or installations; (c) The protection of cables and pipelines; (d) The conservation of the living resources of the sea; (e) The prevention of infringement of the fisheries regulations of the coastal State; (f) The preservation of the environment of the coastal State and the prevention, reduction and control of pollution thereof; (g) Marine scientific research and hydrographic surveys; (h) The prevention of infringement of the customs, fiscal, immigration or sanitary regulations of the coastal State. 2. Such laws and regulations shall not apply to the design, construction, manning or equipment of foreign ships unless they are giving effect to generally accepted international rules or standards. 3. The coastal State shall give due publicity to all such laws and regulations. 4. Foreign ships exercising the right of innocent passage through the territorial sea shall comply with all such laws and regulations and all generally accepted international regulations relating to the prevention of collisions at sea. Article 22. Sea lanes and traffic separation schemes in the territorial sea 1. The coastal State may, where necessary having regard to the safety of navigation, require foreign ships exercising the right of innocent passage through its territorial sea to use such sea lanes and traffic separation schemes as it may designate or prescribe for the regulation of the passage of ships. 2. In particular, tankers, nuclear-powered ships and ships carrying nuclear or other inherently dangerous or noxious substances or materials may be required to confine their passage to such sea lanes. 3. In the designation of sea lanes and the prescription of traffic separation schemes under this article the coastal State shall take into account: (a) The recommendations of competent international organizations; (b) Any channels customarily used for international navigation; The special characteristics of particular ships and channels; and The density of traffic. (c) (d) 4. The coastal State shall clearly indicate such sea lanes and traffic separation schemes on charts to which due publicity shall be given. Article 23. Foreign nuclear-powered ships and ships carrying nuclear or other inherently dangerous or noxious substances Foreign nuclear-powered ships and ships carrying nuclear or other inherently dangerous or noxious substances shall, when exercising the right of innocent passage through the territorial sea, carry documents and observe special precautionary measures established for such ships by international agreements. 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 the present Convention. In particular, in the application of the present Convention or of any laws or regulations made under the present 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. 2. The coastal State shall give appropriate publicity to any dangers to navigation, of which it has knowledge, within its territorial sea. 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. 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. 3. The coastal State may, without discrimination amongst 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. Such suspension shall take effect only after having been duly published. Article 31. Responsibility of the flag State for damage caused by a warship or other government ship operated for non-commercial purposes The flag State shall bear international responsibility for any loss or damage to the coastal State resulting from the non-compliance by a warship or other government ship operated for non-commercial purposes with the laws and regulations of the coastal State concerning passage through the territorial sea or with the provisions of the present Convention or other rules of international law. Article 32. Immunities of warships and other government ships operated for non-commercial purposes With such exceptions as are contained in subsection A and in articles 30 and 31, nothing in the present Convention affects the immunities of warships and other government ships operated for non-commercial purposes. $3 Coastal State Economic Jurisdiction Coastal Seabed Economic Area The Exclusive Economic Zone Part V of the informal composite negotiating text (ICNT) resulting from the Sixth Session of the Third U.N. Conference of the Law of the Sea, May 23-July 15, 1977, is entitled the "Exclusive Economic Zone." Composed of 21 articles concerning the rights, jurisdiction, and duties of coastal and other states, Part V contains provisions relating to such topics as artificial islands, conservation and utilization of living resources in the exclusive economic zone of a coastal state, rights of landlocked states, and geographical coordinates. The U.S. delegation to this 1977 session reported general agreement among states on these subjects. Set forth below are most of the articles of Part V, as printed in Vol. VIII of the Official Records of the Conference (U.N. Doc. A/CONF.62/WP.10 and ADD.1): Part V. Exclusive economic zone Article 55. Specific legal régime of the exclusive economic zone The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal régime established in this Part, under which the rights and jurisdictions of the coastal State and the rights and freedoms of other States are governed by the relevant provisions of the present Convention. Article 56. Rights, jurisdiction and duties of the coastal State in the exclusive economic zone 1. In the exclusive economic zone, the coastal State has: (a) sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the seabed and subsoil and the superjacent waters, and with regard to other activities |