22 DE FEVEREIRO DE 1997

358-(47)

Article 103

Definition of a pirate ship or aircraft

A ship or aircraft is considered a pirate ship or aircraft if it is intented by the persons in dominant control to be used for the purpose of committing one of the acts referred to in article 101. The same applies if the ship or aircraft has been used to commit any such act, so long as it remains under the control of the persons guilty of that act.

Article 104

Retention or loss of the nationality of a pirate ship or aircraft

A ship or aircraft may retain its nationality although it has become a pirate ship or aircraft: The retention or loss nationality is determined by the law of the State from which such nationality was derived.

Article 105

Seizure of a pirate ship or aircraft

On the high seas, or in any other place outside the jurisdiction of any State, every State may seize a pirate ship or aircraft, or a ship or aircraft taken by piracy and under the control of pirates, and arrest the persons and seize the property on board. The courts of the State which carried out the seizure may decide upon the penalties to be imposed, and may also determine the action to be taken with regard to the ships, aircraft or property, subject to the rights of third parties acting in good faith.

Article 106

Liability for seizure without adequate grounds

Where the seizure of a ship or aircraft on suspicion of piracy has been effected without adequate grounds, the State making the seizure shall be liable to the State the nationality of which is possessed by the ship or aircraft for any loss or damage caused by the seizure.

Article 107

Ships and aircraft which are entitled to seize on account of piracy

A seizure on account of piracy may be carried out 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.

Article 108

Illicit traffic in narcotic drugs or psychotropic substances

1 — All States shall co-operate in the suppression of illicit traffic in narcotic drugs and psychotropic substances engaged in by ships on the high seas contrary to international conventions.

2 — Any State which has reasonable grounds for believing that a ship flying its flag is engaged in illicit traffic in narcotic drugs or psychotropic substances may request the co-operation of other States to suppress such traffic.

Article 109

Unauthorized broadcasting from the high seas

1 — All States shall co-operate in the suppression of unauthorized broadcasting from the high seas.

2 — For the purposes of this Convention, «unautho-rized broadcasting» means the transmission of sound radio or television broadcasts from a ship or installation on the high seas intented for reception by the general public contrary to international regulations, but excluding the transmission of distress calls.

3 — Any person engaged in unauthorized broadcasting may be prosecuted before the court of:

a) The flag State of the ship;

b) The State of registry of the installation;

c) The State of which the person is a national;

d) Any State where the transmissions can be received; or

e) Any State where authorized radio communication is suffering interference.

4 — On the high seas, a State having jurisdiction in accordance with paragraph 3 may, in conformity with article 110, arrest any person or ship engaged in unauthorized broadcasting and seize the broadcasting apparatus.

Article 110 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 109;

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.

2 — In the cases provided for in paragraph 1, the warship may proceed to verify the ship's right to fly its flag. 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.

3 — If the suspicious 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.

4 — These provisions apply mutatis mutandis to military aircraft.

5 — These provisions also apply to ,any other duly authorized ships or aircraft clearly marked and identifiable as being on government service.

Article 111 Right of hot pursuit

1 — The hot pursuit of a foreign ship may be undertaken when the competent authorities of the coastal