358-(36)

II SÉRIE-A — NÚMERO 23

c) With respect to fishing vessels, the prevention . of fishing, including the stowage of fishing gear;

d) The loading or unloading of any commodity, currency or person in contravention of the customs, fiscal, immigration or sanitary laws and regulations of States bordering straits.

2 — Such laws and regulations shall not discriminate in form or in fact among foreign ships or in their application have the pratical effect of denying, hampering or impairing the right of transit passage as defined in this section.

3 — States bordering straits shall give due publicity to all such laws and regulations.

4 — Foreign ships exercising the right of transit passage shall comply with such laws and regulations.

5 — The flag State of a ship or the State of registry of an aircraft entitled to sovereign immunity which acts in a manner contrary to such laws and regulations or other provisions of this part shall bear international responsibility for any loss or damage which results to States bordering straits.

Article 43

Navigational and safety aids and other improvements and the prevention, reduction and control of pollution

User States and States bordering a strait should by agreement co-operate:

a) In the establishment and maintenance in a strait of necessary navigational and safety aids or other improvements in aid of international navigation; and

fc) For the prevention, reduction and control of pollution from ships.

Article 44 Duties of States bordering straits

States bordering straits shall not hamper transit passage and shall give appropriate publicity to any danger to navigation or overflight within or over the strait of which they have knowledge. There shall be no suspension of transit passage.

SECTION 3 Innocent passage

Article 45 Innocent passage

1 — The régime of innocent passage, in accordance with part 11, section 3, shall apply in straits used for international navigation:

,a) Excluded from the application of the régime of transit passage under article 38, paragraph 1; or

b) Between a part of the high seas or an exclusive economic zone and the territorial sea of a foreign State.

2 — There shall be no suspension of innocent passage through such straits.

PART IV Archipelagic States

Article 46 Use of terms For the purposes of this Convention:

a) «Archipelagic State» means a State constituted wholly by one or more archipelagos and may include other islands;

¿7) «Archipelago» means a group of islands, including parts of islands interconnecting waters and other natural features which are so closely interrelated that such islands, waters and other natural features form an intrinsic geographical, economic and political entity, or which historically have been regarded as such.

Article 47

Archipelagic baselines

1 — An archipelagic State may draw straight archipelagic baselines joining the outermost points of the outermost islands and drying reefs of the archipelago provided that within such baselines are included the main islands and an area in which the ratio of the area of the water to the area of the land, including atolls, is between 1 to 1 and 9 to 1.

2 — The length of such baselines shall not exceed 100 nautical miles, except that up to 3 per cent of the total number of baselines enclosing any archipelago may exceed that length, up to a maximum length of 125 nautical miles.

3 — The drawing of such baselines shall not depart to any appreciable extent from the general configutaticKX. of the archipelago.

4 — Such 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 where a low-tide elevation is sivualeo. wholly or partly at a distance not exceeding the breadth of the territorial sea from the nearest island.

5 — The system of such baselines shall not be applied by an archipelagic State in such a manner as to cut off from the high seas or the exclusive economic zone the territorial sea of another State.

6 — If a part of the archipelagic waters of an archipelagic State lies between two parts of an immediately adjacent neighbouring State, existing rights and all other legitimate interests which the latter State has traditionally exercised in such waters and all rights stipulated by agreement between those States shall continue and be respected.

7 — For the purpose of computing the ratio of water to land under paragraph 1, land areas may include waters lying within the fringing reefs of islands and atolls, including that part of a steep-sided oceanic plateau which is enclosed or nearly enclosed by a chain of limestone islands and drying reefs lying on the perimeter of the plateau.

8 — The baselines drawn in accordance with this article shall be shown on charts of a scale or scales adequate for ascertaining their position. Alternatively, lists of geographical co-ordinates of points, specifying the geodetic datum, may be substituted.