第三章-公海與國際海底區(qū)域-文庫吧資料
2024-08-18 20:09本頁面
【正文】 ermitted under international law。 ? freedom of scientific research. High Seas ? These freedoms shall be exercised by all States with due regard for the interests of other States in their exercise of the freedom of the high seas, and also with due regard for the rights under this Convention with respect to activities in the Area. High seas ? IV. Jurisdiction ? 1. In general, the flag State, that is, the State which has granted to a ship the right to sail under its flag, has the exclusive right to exercise legislative and enforcement jurisdiction over its ships on the high seas. Thus pliance with international duties concerning safety at sea and the rendering of assistance to ships in distress is sought by imposing on flag States the duty to adopt and enforce legislation dealing with such matters. Again, States must provide pensation for damage to pipelines and cables under the high seas by ships under their jurisdiction, although as plement to this duty they must also ensure that pensation is available from pipeline and cable owners for ships which are obliged to sacrifice anchors or fishing gear in order to avoid damaging a cable or pipeline. High seas ? Collisions may involve two States, each of which considers that the collision and those responsible for it are within its jurisdiction. However, the Law of the Sea Convention reserves penal and disciplinary proceedings in cases of collision or other navigational incidents to the authorities of the State in whose ship the defendant served or the State of which he is a national. But the expectation is that in this case of concurrent jurisdiction it is the flag State whose jurisdiction has primacy. High seas ? 2. The exclusiveness of the flag State?s jurisdiction 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 gen
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