1958年日内瓦领海和毗连区公约
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颁布日期：19580429 实施日期：19650910 颁布单位：日内瓦 THE STATES PARTIES TO THIS CONVENTION HAVE AGREED as follows： PART I-TERRITORIAL SEA Section I. General Article 1 1. The sovereignty of a State extends， beyond its land territory andits internal waters， to a belt of sea adjacent to its coast， described asthe territorial sea. 2. This sovereignty is exercised subject to the provisions of theseArticles and to other rules of international law. Article 2 The sovereignty of a coastal State extends to the air space over theterritorial sea as well as to its bed and subsoil. Section II. Limits of the Territorial Sea Article 3 Except where otherwise provided in these Articles， the normal baselinefor measuring the breadth of the territorial sea is the low-water linealong the coast as marked on large-scale charts officially recognised bythe coastal States. Article 4 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 immediatevicinity， the method of straight baselines joining appropriate points maybe employed in drawing the baseline from which the breadth of theterritorial sea is measured. 2. The drawing of such baselines must not depart to any appreciableextent from the general direction of the coast， and the sea areas lyingwithin the lines must be sufficiently closely linked to the land domain tobe subject to the regime of internal waters. 3. Baselines shall not be drawn to and from low-tide elevations，unless lighthouses or similar installations which are permanently abovesea level have been built on them. 4. Where the method of straight baselines is applicable under theprovisions of paragraph 1， account may be taken， in determining particularbaselines， of economic interests peculiar to the region concerned， thereality and the importance of which are clearly evidenced by a long usage. 5. The system of straight baselines may not be applied by a State insuch a manner as to cut off from the high seas the territorial sea ofanother State. 6. The coastal State must clearly indicate straight baselines oncharts， to which due publicity must be given. Article 5 1. Waters on the landward side of the baseline of the territorial seasform part of the internal waters of the State. 2. Where the establishment of a straight baseline in accordance withArticle 4 has the effect of enclosing as internal waters areas whichpreviously had been considered as part of the territorial seas or of thehigh sea， a right of innocent passage， as provided in Articles 14 to 23，shall exist in those waters. Article 6 The outer limit of the territorial sea is the line every point ofwhich is at a distance from the nearest point of the baseline equal to thebreadth of the territorial sea. Article 7 1. This Article relates only to bays the coasts of which belong to asingle State. 2. For the purposes of these Articles， a bay is a well-markedindentation whose penetration is in such proportion to the width of itsmouth as to contain landlocked waters and constitute more than a merecurvature of the coast. An indentation shall not， however， be regarded asa bay unless its area is as large as， or larger than， that of thesemi-circle whose diameter is a line drawn across the mouth of thatindentation. 3. For the purpose of measurement， the area of an indentation is thatlying between the low-water mark around the shore of the indentation and aline joining the low-water marks of its natural entrance points. Where，because of the presence of islands， an indentation has more than onemouth， the semi-circle shall be drawn on a line as long as the sum totalof the lengths of the lines across the different mouths. Islands within anindentation shall be included as if they were part of the water area ofthe indentation. 4. If the distance between the low-water marks of the natural entrancepoints of a bay does not exceed twenty-four miles， a closing line may bedrawn between these two low-water marks， and the waters enclosed therebyshall be considered as internal waters. 5. Where the distance between the low-water marks of the naturalentrance points of a bay exceeds twenty-four miles， a straight baseline oftwenty-four miles shall be drawn within the bay in such a manner as toenclose the maximum area of water that is possible with a line of thatlength. 6. The foregoing provisions shall not apply to so-called “historic”bays， or in any case where the straight baseline system provided for inArticle 4 is applied. Article 8 For the purpose of delimiting the territorial sea， the outermostpermanent harbour works which form an integral part of the harbour systemshall be regarded as forming part of the coast. Article 9 Roadsteads which are normally used for the loading， unloading andanchoring of ships， and which would otherwise be situated wholly orpartly outside the outer limit of the territorial sea， are included in theterritorial sea. The coastal State must clearly demarcate such roadsteadsand indicate them on charts together with their boundaries， to which duepublicity must be given. Article 10 1. An island is a naturally-formed area of land， surrounded by water，which is above water at high-tide. 2. The territorial sea of an island is measured in accordance with theprovisions of these Articles. Article 11 1. A low-tide elevation is a naturally-formed area of land which issurrounded 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 notexceeding the breadth of the territorial sea from the mainland or anisland， the low-water line on that elevation may be used as the baselinefor measuring the breadth of the territorial sea. 2. Where a low-tide elevation is wholly situated at a distanceexceeding the breadth of the territorial sea from the mainland or anisland， it has no territorial sea of its own. Article 12 1. Where the coasts of two States are opposite or adjacent to eachother， neither of the two States is entitled， failing agreement betweenthem to the contrary， to extend its territorial sea beyond the median lineevery point of which is equidistant from the nearest points on thebaselines from which the breadth of the territorial seas of each of thetwo States is measured. The provisions of this paragraph shall not apply，however， where it is necessary by reason of historic title or otherspecial circumstances to delimit the territorial seas of the two States ina way which is at variance with this provision. 2. The line of delimitation between the territorial seas of two Stateslying opposite to each other or adjacent to each other shall be marked onlarge-scale charts officially recognised by the coastal States. Article 13 If a river flows directly into the sea， the baseline shall be astraight line across the mouth of the river between points on the low-tideline of its banks. Section III. Right of Innocent Passage Subsection A. Rules applicable to All Ships Article 14 1. Subject to the provisions of these Articles， ships of all States，whether coastal or not， shall enjoy the right of innocent passage throughthe territorial sea. 2. Passage means navigation through the territorial sea， for thepurpose either of traversing that sea without entering internal waters， orof proceeding to internal waters， or of making for the high seas frominternal waters. 3. Passage includes stopping and anchoring， but only in so far as thesame are incidental to ordinary navigation or are rendered necessary byforce majeure or by distress. 4. 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 placein conformity with these Articles and with other rules of internationallaw. 5. Passage of foreign fishing vessels shall not be considered innocentif they do not observe such laws and regulations as the coastal State maymake and publish in order to prevent these vessels from fishing in theterritorial sea. 6. Submarines are required to navigate on the surface and to showtheir flag. Article 15 1. The coastal State must not hamper innocent passage through theterritorial sea. 2. The coastal State is required to give appropriate publicity to anydangers to navigation， of which it has knowledge， within its territorialsea. Article 16 1. The coastal State may take the necessary steps in its territorialsea to prevent passage which is not innocent. 2. In the case of ships proceeding to internal waters， the coastalState shall also have the right to take the necessary steps to prevent anybreach of the conditions to which admission of those ships to those watersis subject. 3. Subject to the provisions of paragraph 4， the coastal State may，without discrimination amongst foreign ships， suspend temporarily inspecified areas of its territorial sea the innocent passage of foreignships if such suspension is essential for the protection of its security.Such suspension shall take effect only after having been duly published. 4. There shall be no suspension of the innocent passage of foreignships through straits which are used for international navigation betweenone part of the high seas and another part of the high seas or theterritorial sea of a foreign State. Article 17 Foreign ships exercising the right of innocent passage shall complywith the laws and regulations enacted by the coastal State in conformitywith these Articles and other rules of international law and， inparticular， with such laws and regulations relating to transport andnavigation. Subsection B. Rules applicable to Merchant Ships Article 18 1. No charge may be levied upon foreign ships by reason only of theirpassage through the territorial sea. 2. Charges may be levied upon a foreign ship passing through theterritorial sea as payment only for specific services rendered to theship. These charges shall be levied without discrimination. Article 19 1. The criminal jurisdiction of the coastal State should not beexercised on board a foreign ship passing through the territorial sea toarrest any person or to conduct any investigation in connection with anycrime committed on board the ship during its passage， save only in thefollowing cases： （a） If the consequences of the crime extend to the coastal State；or （b） If the crime is of a kind to disturb the peace of the countryor the good order of the territorial sea； or （c） If the assistance of the local authorities has been requestedby the captain of the ship or by the consul of the country whose flag theship flies； or （d） If it is necessary for the suppression of illicit traffic innarcotic drugs. 2. The above provisions do not affect the right of the coastal Stateto take any steps authorised by its laws for the purpose of an arrest orinvestigation on board a foreign ship passing through the territorial seaafter leaving internal waters. 3. In the cases provided for in paragraphs 1 and 2 of this Article，the coastal State shall， if the captain so requests， advise the consularauthority of the flag State before taking any steps， and shall facilitatecontact between such authority and the ship's crew. In cases of emergencythis notification may be communicated while the measures are being taken. 4. In considering whether or how an arrest should be made， the localauthorities shall pay due regard to the interests of navigation. 5. The coastal State may not take any steps on board a foreign shippassing through the territorial sea to arrest any person or to conduct anyinvestigation in connection with any crime committed before the shipentered the territorial sea， if the ship， proceeding from a foreign port，is only passing through the territorial sea without entering internalwaters. Article 20 1. The coastal State should not stop or divert a foreign ship passingthrough the territorial sea for the purpose of exercising civiljurisdiction in relation to a person on board the ship. 2. The coastal State may not levy execution against or arrest the shipfor the purpose of any civil proceedings， save only in respect ofobligations or liabilities assumed or incurred by the ship itself in thecourse or for the purpose of its voyage through the waters of the coastalState. 3. The provisions of the previous paragraph are without prejudice tothe right of the coastal State， in accordance with its laws， to levyexecution against or to arrest， for the purpose of any civil proceedings，a foreign ship lying in the territorial sea， or passing through theterritorial sea after leaving internal waters. Subsection C. Rules applicable to Government Ships other thanWarships Article 21 The rules contained in subsections A and B shall also apply togovernment ships operated for commercial purposes. Article 22 1. The rules contained in subsection A and in Article 18 shall applyto government ships operated for non-commercial purposes. 2. With such exceptions as are contained in the provisions referred toin the preceding paragraph， nothing in these Articles affects theimmunities which such ships enjoy under these Articles or other rules ofinternational law. Subsection D. Rule applicable to Warships Article 23 If any warship does not comply with the regulations of the coastalState concerning passage through the territorial sea and disregards anyrequest for compliance which is made to it， the coastal State may requirethe warship to leave the territorial sea. PART II-CONTIGUOUS ZONE Article 24 1. In a zone of the high seas contiguous to its territorial sea， thecoastal State may exercise the control necessary to： （a） Prevent infringement of its customs， fiscal， immigration orsanitary regulations within its territory or territorial sea； （b） Punish infringement of the above regulations committed withinits territory or territorial sea. 2. The contiguous zone may not extend beyond twelve miles from thebaseline from which the breadth of the territorial sea is measured. 3. Where the coasts of two States are opposite or adjacent to eachother， neither of the two States is entitled， failing agreement betweenthem to the contrary， to extend its contiguous zone beyond the median lineevery point of which is equidistant from the nearest points on thebaselines from which the breadth of the territorial seas of the two Statesis measured. PART III-FINAL ARTICLES Article 25 The provisions of this Convention shall not affect conventions orother international agreements already in force， as between States Partiesto them. Article 26 This Convention shall， until October 31， 1958， be open for signatureby all States Members of the United Nations or of any of the specialisedagencies， and by any other State invited by the General Assembly to becomea Party to the Convention. Article 27 This Convention is subject to ratification. The instruments ofratification shall be deposited with the Secretary-General of the UnitedNations. Article 28 This Convention shall be open for accession by any States belonging toany of the categories mentioned in Article 26. The instruments ofaccession shall be deposited with the Secretary-General of the UnitedNations. Article 29 1. This Convention shall come into force on the thirtieth dayfollowing the date of deposit of the twenty-second instrument ofratification or accession with the Secretary-General of the UnitedNations. 2. For each State ratifying or acceding to the Convention after thedeposit of the twenty-second instrument of ratification or accession， theConvention shall enter into force on the thirtieth day after deposit bysuch State of its instrument of ratification or accession. Article 30 1. After the expiration of a period of five years from the date onwhich this Convention shall enter into force， a request for the revisionof this Convention may be made at any time by any Contracting Party bymeans of a notification in writing addressed to the Secretary-General. 2. The General Assembly of the United Nations shall decide upon thesteps， if any， to be taken in respect of such request. Article 31 The Secretary-General of the United Nations shall inform all StatesMembers of the United Nations and the other States referred to in Article26： （a） of signatures to this Convention and of the deposit ofinstruments of ratification or accession， in accordance with Articles 26，27 and 28. （b） of the date on which this Convention will come into force， inaccordance with Article 29. （c） of requests for revision in accordance with Article 30. Article 32 The original of this Convention， of which the Chinese， English，French， Russian and Spanish texts are equally authentic， shall bedeposited with the Secretary-General of the United Nations， who shall sendcertified copies thereof to all States referred to in Article 26. IN WITNESS WHEREOF the Plenipotentiaries， being duly authorisedthereto by their respective Governments， have signed this Convention. DONE AT GENEVA， this twenty-ninth day of April one thousand ninehundred and fifty-eight. |
