1340-(158)

II SÉRIE-A — NUMERO 69

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

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

Article 44

o

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 ii, 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:

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

b) «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 configuration 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 situated 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.

9 — The archipelagic State shall give due publicity to such charts or lists of geographical co-ordinates and shall deposit a copy of each such chart or list with the Secretary-General of the United Nations.

Article 48

Measurement of the breadth of the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf

The breadth of the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf shall be measured from archipelagic baselines drawn in accordance with article 47.

Article 49

Legal status of archipelagic waters, of the air space over archipelagic waters and of their bed and subsoil

1 — The sovereignty of an archipelagic State extends to. the waters enclosed by the archipelagic baselines drawn in accordance with article 47, described as archipelagic waters, regardless of their depth or distance from the coast.

2 — This sovereignty extends to the air space over, the archipelagic waters, as well as to their bed and subsoil, and the resources contained therein.