1 DE AGOSTODE 1997

1340-(155)

the application of this Convention or of any laws or regulations adopted in conformity with this Convention, the coastal State shall not:

a) Impose requirements on foreign ships which have the pratical effect of denying or impairing the right of innocent passage; or

b) Discriminate in form or in fact against the ships of any State or against ships carrying cargoes to, from or on behalf of any State.

2 — The coastal State shall give appropriate publicity to any danger to navigation, of which it has knowledge, within its territorial sea.

Article 25 Rights of protection of the coastal State

1 — The coastal State may take the necessary steps in its territorial sea to prevent passage which is not innocent.

2 — In the case7 of ships proceeding to internal waters or a call at a port facility outside internal waters, the coastal State also has the right to take the necessary steps to prevent any breach of the conditions to which admission of those ships to internal waters or such a call is subject.

3 — The coastal State may, without discrimination in form or in fact among foreign ships, suspend temporarily in specified areas of its territorial sea the innocent passage of foreign ships if such suspension is essential for the protection of its security, including weapons exercises. Such suspension shall take effect only after having been duly published.

Article 26 Charges which may be levied upon foreign ships

1 — No charge may be levied upon foreign ships by reason only of their passage through the territorial sea.

2 — Charges may be levied upon a foreign ships passing through the territorial sea as payment only for specific services rendered to the ship. These charges shall be levied without discrimination.

SUBSECTION B

Rules applicable to merchant ships and government ships operated for commercial purposes

Article 27

Criminal jurisdiction on board a foreign ship

1—The criminal jurisdiction of the coastal State should not be exercised on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed on board the- ship during its passage, save only in the following cases:

a) If the consequences of the crime extend to the coastal State;

b) If the crime is of a kind to disturb the peace of the country or the good order of the territorial sea;

c) If the assistance of the local authorities has been requested by the master of the ship or by a diplomatic agent or consular officer of the flag State-, or

d) If such measures are necessary for the suppression of illicit traffic in narcotic drugs or psychotropic substances.

2 — The above provisions do not affect the right of the coastal State to take any steps authorized by its laws for the purpose of an arrest or investigation on board a foreign ship passing through the territorial sea after leaving internal waters.

3 — In the cases provided for in paragraphs 1 and 2, the coastal State shall, if the master so requests, notify a diplomatic agent or consular officer of the flag State before taking any steps, and shall facilitate contact between such agent or officer and the ships's crew. In cases of emergency this notification may be communicated while the measures are being taken.

4 — In considering whether or in what manner an arrest should be made, the local authorities shall have due regard to the interests of navigation.

5 — Except as provided in part xii or with respect to violations of laws and regulations adopted in accordance with part v, the coastal State may not take any steps on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed before the ship entered the territorial sea, if the ship, proceeding from a foreign port, is only passing through the territorial sea without entering internal waters.

Article 28

Civil jurisdiction in relation to foreign ships

1 — The coastal State should not stop or divert a foreign ship passing through the territorial sea for the purpose of exercising civil jurisdiction in relation to a person on board the ship.

2 — The coastal State may not levy execution against or arrest the ship for the purpose of any civil proceedings, save only in respect of obligations or liabilities assumed or incurred by the ship itself in the course or for the purpose of its voyage through the waters of the coastal State.

3 — Paragraph 2 is without prejudice to the right of the coastal State, in accordance with its laws, to levy execution against or to arrest, for the purpose of any civil proceedings, a foreign ship lying in the territorial sea, or passing through the territorial sea after leaving internal waters.

SUBSECTION C

Rules applicable to warships and other government ships operated for non-commercial purposes

Article 29 Definition of warships

For the purposes of this Convention, «warship» means a ship belonging to the armed forces of a State bearing the external marks distinguishing such ships of its nationality, under the command of an officer duly commissioned by the government of the State and whose name appears in the appropriate service )ist or its equivalent, and manned by a crew which is under regular armed forces discipline.