22 DE FEVEREIRO DE 1997

358-(45)

and by other rules of international law. It comprises, inter alia, both for coastal and land-locked States:

a) Freedom of navigation;

b) Freedom of overflight;

c) Freedom to lay submarine cables and pipelines, subject to part vt;

d) Freedom to construct artificial islands and other installations permitted under international law, subject to part vi;

e) Freedom of fishing, subject to the conditions laid down in section 2;

f) Freedom of scientific research, subject to parts vi and xin.

2 — 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.

Article 88

Reservation of the high seas for peaceful purposes The high seas shall be reserved for peaceful purposes.

Article 89

Invalidity of claims of sovereignty over the high seas

No State may validly purport to subject any part of the high seas to its sovereignty.

Article 90 Right of navigation

Every State, whether coastal or land-locked, has the right do sail ships flying its flag on the high seas.

Article 91 Nationality of ships

1 — 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.

2 — Every State shall issue to ships to which it has granted the right to fly its flag documents to that effect.

Article 92 Status of ships

1 — 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.

2 — 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.

Article 93

Ships flying the flag of the United Nations, its specialized agencies and the International Atomic Energy Agency

The preceding articles do not prejudice the question ' of ships employed on the official service of the United Nations, its specialized agencies or the International Atomic Energy Agency, flying the flag of the organization.

Article 94 Duties of the flag State

1 — Every State shall effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag.

2 — 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.

3 — Every State shall take such measures for ships flying its flag as are necessary to ensure safety at sea regard, inter alia, to:

a) The construction, equipment and seaworthiness of ships;

b) The meaning 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.

4 — 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.

5 — In talcing the measures called for in paragraphs 3 and 4 each State is required to conform to generally accepted international regulations, procedures and prac-