第三章-公海與國際海底區(qū)域-全文預(yù)覽
【正文】 n is not absolute. It admits of several exceptions, in which third States share legislative or enforcement jurisdiction, or both, with the flag State. High seas ? (1) Piracy ? ?Piracy? includes any illegal act of violence, detention or depredation mitted for private ends by the crew or passengers of a private ship (or aircraft) against another ship (or aircraft), or persons or property on board it, on the high seas. The requirement that two vessels－ pirate and victim－ be involved distinguishes piracy from hijacking. ? Article 110 of the LOSC allows the visiting and boarding of any ship, of whatever flag, reasonably suspected of being engaged in piracy. If the suspicions prove to be unfounded, and provided that the ship boarded has not mitted any act justifying them, it shall be pensated for any loss or damage that may have been sustained. Pirate ships on the high seas may be seized, though only by warships or other authorized vessels in government service. Similarly, those on board a pirate vessel may be arrested. Pirates may be tried by any State before whose courts they are brought, and that State may determine by its laws the penalties to be imposed. High seas ? (2) Unauthorized broadcasting ? Unauthorized broadcasting means the transmission of sound radio or television broadcasts from a ship or installation on the high seas intended for reception by the general public contrary to international regulations, but excluding the transmission of distress calls. High seas ? All States shall cooperate in the suppression of unauthorized broadcasting from the high seas. And any person engaged in unauthorized broadcasting may be prosecuted before the court of: (a) the flag State of the ship。 or (e) any State where authorized radio munication is suffering interference. In addition, on the high seas, a State having jurisdiction in accordance with paragraph 3 may arrest any person or ship engaged in unauthorized broadcasting and seize the broadcasting apparatus. High seas ? 3. Slave and drug trafficking ? Where a ship is reasonably suspected of being engaged in the slave trade, it may be visited and boarded. However, slave trading is not in international law analogous to piracy, and only the flag State may actually proceed to seize the ship or arrest those on board if the suspicion is well founded. Other States may only report their findings to the flag State. High seas ? As of drug trafficking, few powers exist in the case of ships suspected of illicitly trafficking in narcotic and psychotropic drugs. All that is allowed is that States with reasonable grounds for suspecting that their own ships are engaged in the trade may request the cooperation of other States in suppressing the traffic, although presumably there is an implication that other States should normally accede to such a request. High seas ? 4. Ships of uncertain nationality ? States may visit and enforce their laws against their own ships on the high seas. Consequently where a ship, though flying a foreign flag, is reasonably suspected of being of the same nationality as a warship which encounters it on the high seas, the
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