CONVENZIONE MONTEGO BAY PDF

Accordo sull'attuazione della parte XI della convenzione delle Nazioni Unite sul diritto del mare del 10 dicembre OJ L , In force. Avis juridique important. Gli Stati contraenti del presente accordo si impegnano ad attuare la parte XI conformemente al presente accordo. Le disposizioni del presente accordo e della parte XI sono interpretate ed applicate insieme come se si trattasse di un unico strumento.

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Convenzione delle Nazioni Unite sul diritto del mare Montego Bay, 10 dicembre In a zone contiguous to its territorial sea, described as the contiguous zone, the coastal State may exercise the control necessary to:. The contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured.

Every State shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its territory, and for the right to fly its flag. Ships have the nationality of the State whose flag they are entitled to fly. There must exist a genuine link between the State and the ship.

Every State shall issue to ships to which it has granted the right to fly its flag documents to that effect. Ships shall sail under the flag of one State only and, save in exceptional cases expressly provided for in international treaties or in this Convention, shall be subject to its exclusive jurisdiction on the high seas. A ship may not change its flag during a voyage or while in a port of call, save in the case of a real transfer of ownership or change of registry.

A ship which sails under the flags of two or more States, using them according to convenience, may not claim any of the nationalities in question with respect to any other State, and may be assimilated to a ship without nationality. Every State shall effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag.

Every State shall take such measures for ships flying its flag as are necessary to ensure safety at sea with regard, inter alia, to:. Such measures shall include those necessary to ensure:. In taking the measures called for in paragraphs 3 and 4 each State is required to conform to generally accepted international regulations, procedures and practices and to take any steps which may be necessary to secure their observance. A State which has clear grounds to believe that proper jurisdiction and control with respect to a ship have not been exercised may report the facts to the flag State.

Upon receiving such a report, the flag State shall investigate the matter and, if appropriate, take any action necessary to remedy the situation. Each State shall cause an inquiry to be held by or before a suitably qualified person or persons into every marine casualty or incident of navigation on the high seas involving a ship flying its flag and causing loss of life or serious injury to nationals of another State or serious damage to ships or installations of another State or to the marine environment.

The flag State and the other State shall cooperate in the conduct of any inquiry held by that other State into any such marine casualty or incident of navigation. Warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State. Immunity of ships used only on government non-commercial service. Ships owned or operated by a State and used only on government non-commercial service shall, on the high seas, have complete immunity from the jurisdiction of any State other than the flag State.

Penal jurisdiction in matters of collision or any other incident of navigation. In the event of a collision or any other incident of navigation concerning a ship on the high seas, involving the penal or disciplinary responsibility of the master or of any other person in the service of the ship, no penal or disciplinary proceedings may be instituted against such person except before the judicial or administrative authorities either of the flag State or of the State of which such person is a national.

No arrest or detention of the ship, even as a measure of investigation, shall be ordered by any authorities other than those of the flag State. Every State shall require the master of a ship flying its flag, in so far as he can do so without serious danger to the ship, the crew or the passengers:.

Every coastal State shall promote the establishment, operation and maintenance of an adequate and effective search and rescue service regarding safety on and over the sea and, where circumstances so require, by way of mutual regional arrangements cooperate with neighbouring States for this purpose.

Except where acts of interference derive from powers conferred by treaty, a warship which encounters on the high seas a foreign ship, other than a ship entitled to complete immunity in accordance with articles 95 and 96, is not justified in boarding it unless there is reasonable ground for suspecting that:. To this end, it may send a boat under the command of an officer to the suspected ship. If suspicion remains after the documents have been checked, it may proceed to a further examination on board the ship, which must be carried out with all possible consideration.

If the suspicions prove to be unfounded, and provided that the ship boarded has not committed any act justifying them, it shall be compensated for any loss or damage that may have been sustained. These provisions apply mutatis mutandis to military aircraft. These provisions also apply to any other duly authorized ships or aircraft clearly marked and identifiable as being on government service. The hot pursuit of a foreign ship may be undertaken when the competent authorities of the coastal State have good reason to believe that the ship has violated the laws and regulations of that State.

Such pursuit must be commenced when the foreign ship or one of its boats is within the internal waters, the archipelagic waters, the territorial sea or the contiguous zone of the pursuing State, and may only be continued outside the territorial sea or the contiguous zone if the pursuit has not been interrupted. It is not necessary that, at the time when the foreign ship within the territorial sea or the contiguous zone receives the order to stop, the ship giving the order should likewise be within the territorial sea or the contiguous zone.

If the foreign ship is within a contiguous zone, as defined in article 33, the pursuit may only be undertaken if there has been a violation of the rights for the protection of which the zone was established. The right of hot pursuit shall apply mutatis mutandis to violations in the exclusive economic zone or on the continental shelf, including safety zones around continental shelf installations, of the laws and regulations of the coastal State applicable in accordance with this Convention to the exclusive economic zone or the continental shelf, including such safety zones.

The right of hot pursuit ceases as soon as the ship pursued enters the territorial sea of its own State or of a third State. Hot pursuit is not deemed to have begun unless the pursuing ship has satisfied itself by such practicable means as may be available that the ship pursued or one of its boats or other craft working as a team and using the ship pursued as a mother ship is within the limits of the territorial sea, or, as the case may be, within the contiguous zone or the exclusive economic zone or above the continental shelf.

The pursuit may only be commenced after a visual or auditory signal to stop has been given at a distance which enables it to be seen or heard by the foreign ship. The right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect.

It does not suffice to justify an arrest outside the territorial sea that the ship was merely sighted by the aircraft as an offender or suspected offender, if it was not both ordered to stop and pursued by the aircraft itself or other aircraft or ships which continue the pursuit without interruption. The release of a ship arrested within the jurisdiction of a State and escorted to a port of that State for the purposes of an inquiry before the competent authorities may not be claimed solely on the ground that the ship, in the course of its voyage, was escorted across a portion of the exclusive economic zone or the high seas, if the circumstances rendered this necessary.

Where a ship has been stopped or arrested outside the territorial sea in circumstances which do not justify the exercise of the right of hot pursuit, it shall be compensated for any loss or damage that may have been thereby sustained.

In a zone contiguous to its territorial sea, described as the contiguous zone, the coastal State may exercise the control necessary to: a prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea; b punish infringement of the above laws and regulations committed within its territory or territorial sea. Article 91 Nationality of ships 1. Article 92 Status of ships 1. Article 94 Duties of the flag State 1.

In particular every State shall: a maintain a register of ships containing the names and particulars of ships flying its flag, except those which are excluded from generally accepted international regulations on account of their small size; and b assume jurisdiction under its internal law over each ship flying its flag and its master, officers and crew in respect of administrative, technical and social matters concerning the ship.

Every State shall take such measures for ships flying its flag as are necessary to ensure safety at sea with regard, inter alia, to: a the construction, equipment and seaworthiness of ships; b the manning of ships, labour conditions and the training of crews, taking into account the applicable international instruments; c the use of signals, the maintenance of communications and the prevention of collisions.

Such measures shall include those necessary to ensure: a that each ship, before registration and thereafter at appropriate intervals, is surveyed by a qualified surveyor of ships, and has on board such charts, nautical publications and navigational equipment and instruments as are appropriate for the safe navigation of the ship; b that each ship is in the charge of a master and officers who possess appropriate qualifications, in particular in seamanship, navigation, communications and marine engineering, and that the crew is appropriate in qualification and numbers for the type, size, machinery and equipment of the ship; c that the master, officers and, to the extent appropriate, the crew are fully conversant with and required to observe the applicable international regulations concerning the safety of life at sea, the prevention of collisions, the prevention, reduction and control of marine pollution, and the maintenance of communications by radio.

Article 95 Immunity of warships on the high seas Warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State. Article 96 Immunity of ships used only on government non-commercial service Ships owned or operated by a State and used only on government non-commercial service shall, on the high seas, have complete immunity from the jurisdiction of any State other than the flag State. Article 97 Penal jurisdiction in matters of collision or any other incident of navigation 1.

Article 98 Duty to render assistance 1. Every State shall require the master of a ship flying its flag, in so far as he can do so without serious danger to the ship, the crew or the passengers: a to render assistance to any person found at sea in danger of being lost; b to proceed with all possible speed to the rescue of persons in distress, if informed of their need of assistance, in so far as such action may reasonably be expected of him; c after a collision, to render assistance to the other ship, its crew and its passengers and, where possible, to inform the other ship of the name of his own ship, its port of registry and the nearest port at which it will call.

Article Right of visit 1. Except where acts of interference derive from powers conferred by treaty, a warship which encounters on the high seas a foreign ship, other than a ship entitled to complete immunity in accordance with articles 95 and 96, is not justified in boarding it unless there is reasonable ground for suspecting that: a the ship is engaged in piracy; b the ship is engaged in the slave trade; c the ship is engaged in unauthorized broadcasting and the flag State of the warship has jurisdiction under article ; d the ship is without nationality; or e though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship.

Article Right of hot pursuit 1. Where hot pursuit is effected by an aircraft: a the provisions of paragraphs 1 to 4 shall apply mutatis mutandis; b the aircraft giving the order to stop must itself actively pursue the ship until a ship or another aircraft of the coastal State, summoned by the aircraft, arrives to take over the pursuit, unless the aircraft is itself able to arrest the ship.

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The Law of the Sea Convention defines the rights and responsibilities of nations with respect to their use of the world's oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources. The Convention , concluded in , replaced the quad-treaty Convention on the High Seas. It is uncertain as to what extent the Convention codifies customary international law. While the Secretary-General of the United Nations receives instruments of ratification and accession and the UN provides support for meetings of states party to the Convention, the UN has no direct operational role in the implementation of the Convention. UNCLOS replaces the older ' freedom of the seas ' concept, dating from the 17th century: national rights were limited to a specified belt of water extending from a nation's coastlines , usually 3 nautical miles 5. In the early 20th century, some nations expressed their desire to extend national claims: to include mineral resources, to protect fish stocks , and to provide the means to enforce pollution controls. The League of Nations called a conference at The Hague , but no agreements resulted.

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Convenzione delle Nazioni Unite sul diritto del mare Montego Bay, 10 dicembre In a zone contiguous to its territorial sea, described as the contiguous zone, the coastal State may exercise the control necessary to:. The contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured. Every State shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its territory, and for the right to fly its flag. Ships have the nationality of the State whose flag they are entitled to fly. There must exist a genuine link between the State and the ship. Every State shall issue to ships to which it has granted the right to fly its flag documents to that effect.

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