1340-(156)

II SÉRIE-A — NUMERO 69

Article 30

Non-compliance by warships with the laws and regulations of the coastal State *

If any warship does not comply with the laws and regulations of the coastal State concerning passage through the territorial sea and disregards any request for compliance therewith which is made to it, the coastal State may require it to leave the territorial sea immediately.

Article 31

Responsibility of the flag State for damage caused by a warship or other government ship operated for non-commercial purposes

The flag State shall bear international responsibility for any loss or damage to the coastal State resulting from the non-compliance by a warship or other government ship operated for non-commercial purposes with the laws and regulations of the coastal State concerning passage through the territorial sea or with the provisions of this Convention or other rules of international law.

Article 32

Immunities of warships and other government ships operated for non-commercial purposes

With such exceptions as are containned in subsection A and in articles 30 and 31, nothing in this Convention affects the immunities of warships and other government ships operated for non-commercial purposes.

SECTION 4 Contiguous zone

Article 33

Contiguous zone

1 — In a zone contiguous to its territorial sea, described as the contiguous zone, the coastal State may exercise the control necessary to:

a) Prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea;

b) Punish infringement of the above laws and regulation committed within its territory or territorial sea.

2 — The contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured.

PART III

Straits used for international navigation

SECTION 1 General provisions

Article 34

Legal status of waters forming straits used for international navigation

1 — The régime of passage through straits used for international navigation established in this part shall not in other respects affect the legal status of the waters

forming such straits or the exercise by the States bordering the straits of their sovereignty or jurisdiction over such waters and their air space, bed and subsoil.

2 —The sovereignty or jurisdiction of the States bordering the straits is exercised subject to this part and to other rules of international Jaw.

Article 35

Scope of this part

Nothing in this part affects:

a) Any areas of internal waters within a strait, except where the establishment of a straight baseline in accordance with the method set forth in article 7 has the effect of enclosing as internal waters areas which had not previously been considered as such;

b) The legal status of the waters beyond and the territorial seas of States bordering straits as exclusive economic zones or high seas; or

c) The legal régime in straits in which passage is regulated in whole or in part by long-standing international conventions in force specifically relating to such straits.

Article 36

High seas routes or routes through exclusive economic zones through straits used for international navigation

This part does not apply to a strait used for international navigation if there exists through the strait a route through the high seas or through an exclusive economic zone of similar convenience with respect to navigational and hydrographical characteristics; in such routes, the other relevant parts of this Convention, including the provisions regarding the freedoms of navigation and overflight, apply.

SECTION 2 Transit passage

Article 37 Scope of this section

This section applies to straits which are used for international navigation between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone.

Article 38 Right of transit passage

1 — In straits referred to in article 37, all ships and aircraft enjoy the right of transit passage, which shall not be impeded; except that, if the strait is formed by an island of a State bordering the strait and its mainland transit passage shall not apply if there exists seaward of the island a route through the high seas or through an exclusive economic zone of similar convenience with respect to navigational and hydrographical characteristics.

2 — Transit passage means the exercise in accordance with this part of the freedom of navigation and overflight solely for the purpose of continuous and expeditious, transit of the strait between one part of the high seas