1 DE AGOSTO DE 1997

1340-(169)

Article 107

Ships and aircraft which are entitled (o 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, «unauthorized 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:

«) 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

\te 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 State have good reason to believe that the ship has violated the laws and regulations of that State. Such pursuit must be commenced when the foreign ship or one of its boats is within the internal waters, the archipelagic

waters, the territorial sea or the contiguous zone of the pursuing State, and may only be continued outside the territorial sea or the contiguous zone if the pursuit has not been interrupted. It is not necessary that, at the time when the foreign ship within the territorial sea or the contiguous zone receives the order to stop, the ship giving the order should likewise be within the territorial sea or the contiguous zone. If the foreign ship is within a contiguous zone, as defined in article 33, the pursuit may only be undertaken if there has been a violation of the rights for the protection of which the zone was established.

2 — The right of hot pursuit shall apply mutatis mutandis to violations in the exclusive economic zone or on the continental shelf, including safety zones around continental shelf installations, of the laws and regulations of the coastal State applicable in accordance with this Convention to the exclusive economic zone or the continental shelf, including such safety zones.

3 — The right of hot pursuit ceases as soon as the ship pursued enters the territorial sea of its own State or of a third State.

4 — Hot pursuit is not deemed to have begun unless the pursuing ship has satisfied itself by such practicable means as may be available that the ship pursued or one of its boats or other craft working as a team and using the ship pursued as a mother ship is within the limits of the territorial sea, or, as the case may be, within the contiguous zone or the exclusive economic zone or above the continental shelf. The pursuit may only be commenced after a visual or auditory signal to stop has been given at a distance which enables it to be seen or heard by the foreign ship.

5 — The right of hot pursuit may be exercised 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.

6 —Where hot pursuit is effected by an aircraft:

a) The provisions of paragraphs .1 to 4 shall apply mutatis mutandis;