As noted above, the waters located between the coast and the baselines constitute part of the internal waters of the state, which have received the name "internal maritime waters" in international legal sources. These waters consist of the waters of seaports, bays, bays, bays, estuaries and waters of historical bays.

Internal maritime waters form part of the state territory and are completely subordinated to the sovereignty of the coastal state.

Coastal States exercise criminal, civil and administrative jurisdiction over foreign ships (not enjoying immunity) in their internal waters, as well as over persons on board those ships.

Legal regime of the territorial sea

The international legal regime of the territorial sea consists of the principles and norms fixed in the following documents:

• – UN Charter;
• - KMP-82;
• - bilateral agreements on the delimitation of adjacent or opposite territories;
• – national legislation on the regime of coastal marine waters.

Along with the above legal acts, which are sources of international and national law, the regime of navigation in territorial waters is also influenced by multilateral agreements on issues of ensuring military security (the treaty establishing NATO or treaties within the framework of the CIS), regional agreements on the organization various activities in maritime spaces (for example, the 1980 Northeast Atlantic Fisheries Convention), agreements to prevent pollution of the marine environment and ensure the safety of navigation.

For the first time, the term "territorial waters" found its conventional fixation in the text of the Convention on Air Navigation of 1919, then the Hague Conference of 1930 prepared a draft document called "On the Legal Regime of the Territorial Sea", which, although it did not become an international agreement, served enough good experience that made possible in 1958 the signing of the Geneva Convention on the Territorial Sea and the Contiguous Zone. This Convention for the first time consolidated not only the legal regime of the territorial sea, extending the sovereignty of the coastal state to the latter, but also adopted a number of provisions protecting the interests of international shipping.

Part II of the ILC-82 is devoted to the territorial sea, which consists of four sections, sequentially describing:

• – the status of the territorial sea (art. 2);
• - the boundaries of the territorial sea (art. 3-16);
• - the procedure for the implementation of innocent passage in the territorial sea (art. 17-32);
• - contiguous zone (Art. 33).

The legal regime of the territorial sea is enshrined in Art. 2 ILC-82, which states that “the sovereignty of a coastal state extends beyond its land territory and internal waters, and in the case of an archipelago state, its archipelagic waters to an adjacent maritime belt called the territorial sea. This sovereignty extends to the airspace over territorial sea, as well as on its bottom and subsoil".

State sovereignty is the inherent state power in its territory (internal form of sovereignty) and the independence of the state in the international arena (external form of sovereignty). Legal science under the territorial supremacy of the state understands its supreme power in relation to all persons (physical and legal), including foreign ones, located within its territory. However, in the system of international law, the possession of sovereignty does not mean the absolute and unlimited power of one state in relation to another and does not exclude the possibility of exemptions from the operation of legislation in relation to a certain category of persons of restrictions (in accordance with international law) in exercising jurisdiction on their territory. Thus, in the exercise of powers by state bodies in the territorial sea, the scope of their jurisdiction should take into account the norms of international maritime law, namely: the right of innocent passage of foreign ships and warships and the degree of immunity inherent in them.

For a long time, the vacuum in international law in the contractual fixing of the limit of the territorial sea was filled by the adoption of ILC-82, in Art. 3 which, in particular, states: "Each state has the right to fix the breadth of its territorial sea up to a limit not exceeding twelve nautical miles."

The outer limit of the territorial sea is a line, each point of which is from the nearest point of the baseline at a distance equal to the breadth of the territorial sea.

Where is the outer limit of the territory of the state on the sea and from what is it measured? As already noted, apparently, this is the cornerstone of all disputes and claims, which the maritime powers began to stumble at once, when the simple idea of ​​the right to the sea belt adjacent to the coast grew into the first interstate disputes about the possibility of realizing their own interests. rights in the waters of this belt, manifested first in the conclusion of the Anglo-French fishing agreements of 1839, and then in the debate on the Anglo-American fishery dispute off the coast of Newfoundland.

Initially, the most natural and widespread method was the so-called parallel route, in which the outer boundary of the strip of territorial waters follows parallel to all the meanders of the coast. The Royal Decree of Norway of July 12, 1935 supplemented international practice with the method of drawing straight baselines, which was recognized in the decision of the International Court of Justice in 1951.

Having gone through a significant period of national and international reflection, first the Geneva Convention on the Territorial Sea and the Contiguous Zone of 1958, and then ILC-82, fixed in international law the order of reference not only for the territorial sea, but also for all other spaces that are subject to the jurisdiction of a coastal state.

Modern international maritime law under territorial waters (sea) understands a coastal sea strip of a certain width, counted from the baselines, which is part of the territory of the coastal state and is under its sovereignty.

Being a sovereign part of the territory of the state, territorial waters have a large military-political and economic importance:

• - the outer boundary of territorial waters is the maritime state boundary;
• - in the territorial waters, the coastal state has the right to place all types of weapons, including nuclear ones;
• - Separate parts of territorial waters may be declared areas prohibited for navigation;
• - in territorial waters, you can create various military systems;
• - in territorial waters, coastal states exercise control over various foreign activities.

In territorial waters, innocent passage of foreign ships and warships is allowed on the grounds provided for in Section 3 of the KMP-82.

The legal regime of the territorial sea of ​​a particular state is formed in accordance with its internal legislation, taking into account the provisions of the ILC-82 and the norms of treaties and agreements to which this state is a party.

• Artsibasov I. I. International law. M., 1980. S. 146.
• Kalinin I. V., Skaridov A. FROM. International legal regulation of the daily activities of the Navy in the current geopolitical situation. St. Petersburg: VMA im. N. G. Kuznetsova, 1994.

territorial sea(territorial waters) is the maritime belt adjacent to the coast or internal maritime (and/or archipelagic) waters of a state over which its sovereignty extends. Sovereignty is exercised subject to the norms of international law. The outer boundary of the territorial sea is the maritime boundary of the State. Along with the term "territorial sea", which is now fixed in the conventions, the term "territorial waters" is also used. In some states, territorial waters also mean internal sea waters, and therefore the use of the conventional term "territorial sea" is preferable.

The question of the breadth of the territorial sea. The renunciation of claims to maritime spaces and the limitation of the sovereignty of the coastal state by the sea belt raised the question of the width of the territorial sea. National legislation and international contractual practice (mostly bilateral) in the Middle Ages linked the breadth of the territorial sea to the line of sight from the shore or the firing range of coastal batteries. In 1783, for the first time in official correspondence, a width of one nautical league (3 nautical miles) was indicated, which corresponded to the range of coastal artillery of that time. However, the three-mile breadth of the territorial sea has never been recognized as mandatory by all states. Thus, Russia has never declared the recognition of this width of the territorial sea. long time the question of the breadth of the territorial sea was not resolved due to significant differences in the positions and practices of states. And only the 1982 Convention established that the state has the right to determine the width of its territorial sea within 12 nautical miles. AT Russian Federation established 12-mile breadth of the territorial sea.

The breadth of the territorial sea is measured from the low tide line along the coast, from straight baselines where the coastline is deeply indented or meandering, or along the coast and in close proximity to it there is a chain of islands (these straight lines connect the corresponding points and they do not should deviate from the general direction of the coast); from the outer boundary of inland waters, from archipelagic baselines.

International legal regime of the territorial sea. It is established by the Geneva Convention on the Territorial Sea and the Contiguous Zone of 1958 and the UN Convention on the Law of the Sea of ​​1982. The basis of the legal regime of the territorial sea is the sovereignty of the coastal state, which extends to the airspace above the territorial sea, to the bottom and subsoil of the latter. In this respect, the legal regime of the territorial sea is similar to the legal regime of internal maritime waters. The differences boil down to the exemptions from the sovereignty of the coastal state in relation to the territorial sea, which are established by international law.

One of the main exceptions is the right of innocent passage, which is understood as the navigation of the ships of all states through the territorial sea in order to cross it, enter internal waters or leave them. The passage must be continuous and expeditious, but stops or anchorages are permissible when they are customary under the conditions of navigation in the area or are the result of force majeure or distress, or when assistance is required to those in distress or danger. Submarines in the territorial sea must navigate on the surface.

The coastal State may, for reasons of security and without discrimination in respect of the flag, suspend the right of innocent passage in certain areas of its territorial sea for a certain period, by announcing it in due time.

A peaceful passage is a passage that does not violate peace, good order or the security of a coastal state. The 1982 Convention lists activities by a foreign vessel which, when carried out in the territorial sea, violate the peace, good order or security of a coastal State. These include the threat or use of force against a coastal state, maneuvers or exercises with the use of weapons, the collection of information to the detriment of the security of a coastal state, propaganda that infringes on its security, lifting, landing, accepting aircraft or military devices, violation of customs, sanitary, immigration, fiscal laws and regulations of the coastal state, fishing, serious pollution, research, interference with the communications of the coastal state.

Jurisdiction in the territorial sea. The issue of jurisdiction is decided depending on whether the vessel exercising the right of innocent passage is a military vessel or a merchant vessel. Warships and government ships operated for non-commercial purposes are subject to the principle of immunity, i.e. withdrawing them from the jurisdiction of the coastal state. However, if a warship fails to comply with the laws and regulations of a coastal State with regard to passage through its territorial waters, the authorities of that coastal State may demand that such a ship immediately leave its territorial sea. For damage or loss caused by a warship to a coastal state, the state of the ship's flag bears international responsibility.

criminal jurisdiction. It applies to foreign merchant ships and government ships used for commercial purposes. The exercise of criminal jurisdiction by the coastal State and its limits depend on the place where the offense was committed: whether it took place on the high seas prior to entry into the territorial sea, or in the internal seas of the coastal State prior to entry into its territorial sea, or in the territorial sea during the exercise of innocent passage.

The coastal State shall not take any action to exercise criminal jurisdiction if the offense is committed on board a foreign vessel before entering the territorial sea and if such vessel intends to cross the territorial sea without entering the internal sea waters of that coastal State.

The 1982 Convention establishes two exceptions to this general rule. They relate to violations of the laws and regulations of a coastal state in its exclusive economic zone and to cases of damage to the marine environment.

If a foreign ship is in the territorial sea after leaving the internal maritime waters of the coastal state, then the latter has the right to take any measures to arrest this ship and investigate on board. If the crime is committed on board a foreign ship while it is in the territorial sea, then the coastal state exercises its criminal jurisdiction only in cases where the consequences of the crime extend to that state, the crime disturbs the peace in the country and good order in the territorial sea, the captain of the ship , the diplomatic or consular agent of the flag State of the ship is requested to do so and when intervention is necessary to stop the illegal trade in narcotic drugs or psychotropic substances.

civil jurisdiction. The coastal state has the right, if there are grounds, to apply measures of penalty or arrest in respect of a foreign ship located in its territorial sea after it has left the internal maritime waters of this state. If, on the other hand, the ship is making innocent passage through the territorial sea, the coastal State may take measures of detention or arrest in respect of it only by virtue of obligations or liability arising during or for the purpose of such passage. A coastal State shall not have the right to stop or change the course of a foreign ship passing through its territorial waters in order to exercise civil jurisdiction over a person on board such a ship. Warships and government ships used for non-commercial purposes are immune from the civil jurisdiction of the coastal state when passing through its territorial sea.

The concept of the territorial sea (territorial waters).Territorial sea (territorial waters) is understood as a sea belt adjacent to a land territory (coastline) or to the outer limit of inland waters and over which the coastal state exercises its sovereignty. Sovereignty extends to the surface and thickness of the sea water, the airspace over the territorial sea and to its bed and subsoil. In the case of an archipelagic State, the territorial sea is adjacent to the archipelagic waters of such a State.

In accordance with the 1982 UN Convention, the breadth of the territorial sea cannot exceed 12 nautical miles.

Methods for calculating the width of the territorial sea. In accordance with the 1982 Convention, the state has the right to use low tide lines (normal or ordinary baselines) or straight baselines to measure the breadth of the territorial sea.

The method of straight baselines is applied where the coastline is deeply indented and tortuous, and also where there is a chain of islands in the immediate vicinity of the coast, located at a distance not exceeding twice the breadth of the territorial sea. A straight line for measuring the breadth of the territorial sea connects the extreme points of the coast or islands.

A State may use both of these methods to measure the breadth of its territorial sea.

Right of innocent passage. Under international law, the vessels of all States, whether coastal or landlocked, have the right of innocent passage through the territorial sea.

Innocent passage means navigation through the territorial sea with the aim of crossing it without entering internal waters, or passing into internal waters, including ports, or leaving internal waters, including ports. Such a passage must be continuous and fast. However, it may include stopping and anchoring when they are associated with normal navigation, or caused by force majeure or distress, or necessary to provide assistance to persons, ships or aircraft that are in danger or in distress.

Passage is peaceful only if it does not disturb the peace, good order or security of the coastal State. The 1982 Convention establishes what actions taken by ships when passing through the territorial sea can be considered as violating the peace, good order or security of the state. These include the threat or use of force against the sovereignty, territorial integrity or political independence of a coastal state, any maneuver or exercise with weapons of any kind, information gathering to the detriment of defense or security, airlifting, landing or taking on board any aircraft or military device, loading or unloading any commodity or currency, embarking or disembarking any person in violation of the laws and regulations of a coastal state, any act of intentional and serious pollution, any fishing activity, research or hydrographic activity, any act aimed at interfering with the operation of systems communications or any other installations or installations of the coastal State, as well as any other activity that is not directly related to the passage of the ship through the territorial sea.

Vessels are required to comply with the laws and regulations of the coastal state relating to the exercise of the right of innocent passage. Such laws and regulations may relate to the safety of navigation and regulation of vessel traffic, the protection of cables and underwater pipelines, the conservation of living resources, the prevention of violations of fishing laws and regulations, the conservation environment, conducting marine scientific research and hydrographic surveys, preventing violations of customs, fiscal, immigration or health laws and regulations.

The state has the right to take measures to prevent passage that is not peaceful. It also has the right, in certain areas of the territorial sea, to suspend the exercise of the right of innocent passage in order to ensure its security. However, such a suspension must be temporary and non-discriminatory, that is, it must apply to all foreign vessels.

The coastal state may establish sea lanes and ship traffic separation schemes and, if necessary and taking into account the safety of navigation, may require foreign ships, when exercising the right of innocent passage, to follow such sea lanes or ship traffic separation schemes. However, at the same time, the coastal state takes into account the recommendations of a competent international organization (the International Maritime Organization is recognized as such), the special characteristics of ships, and the intensity of ship traffic. The 1982 UN Convention recognizes the right of coastal states to require tankers, nuclear-powered ships and ships carrying nuclear and other dangerous or toxic substances or materials to follow named sea lanes.

The right of innocent passage is recognized for all foreign ships, both civil and warships and state ships, used for non-commercial purposes. In a relationship submarines, as well as in relation to other submarines, the Convention contains a provision that they must follow the exercise of the right of innocent passage on the surface and fly the flag.

The 1982 Convention establishes a number of obligations for coastal states with respect to innocent passage. Thus, the coastal state should not impose requirements on foreign ships that could in practice deprive such ships of the right of innocent passage. It is obliged to properly declare any danger to navigation existing in its territorial sea. Its right to exercise criminal and civil jurisdiction over foreign vessels using innocent passage is limited by the rules of international law enshrined in the 1982 UN Convention.

A coastal State shall not exercise criminal jurisdiction over foreign ships passing through the territorial sea for the purpose of arresting any person or for investigating an offense committed on board a ship during innocent passage. However, a coastal state may exercise criminal jurisdiction in the following cases: 1) if the consequences of the crime extend to that state; 2) if the crime violates the peace, good order or security of this state; 3) if the captain, diplomatic agent or consular executive flag states will approach local authorities for assistance; 4) if it is necessary to prevent illegal trade in narcotic or psychotropic substances.

In the event that a foreign ship passes through the territorial sea after leaving internal waters, the coastal State may take any measures to arrest or conduct an investigation on board.

In exercising criminal jurisdiction, the coastal State, at the request of the master, shall notify the diplomatic agent or consular officer before taking any action. If absolutely necessary, such notification may be given at the time these measures are taken.

The question of the civil jurisdiction of a coastal State depends on whether the foreign ship is transiting the territorial sea or whether it is making innocent passage after leaving internal waters. In the first case, the coastal state is not entitled to stop a foreign ship or change course for the purpose of exercising civil jurisdiction. These measures may be applied only in respect of such a foreign ship, which has incurred civil obligations or liability during the passage or for passage through the waters of the coastal state. In the second case, the coastal state, in accordance with its laws, may apply disciplinary measures or arrest in a civil case.

Warships and government ships used for non-commercial purposes are subject to immunity. If a warship does not comply with the laws and regulations of the coastal State regarding innocent passage, the coastal State may require it to immediately leave the territorial sea. If a warship or a government ship used for non-commercial purposes causes damage or loss as a result of non-compliance with the laws and regulations of a coastal State regarding innocent passage, the flag State shall be internationally liable.

The provisions of the Federal Law of the Russian Federation of July 16, 1998 regarding the territorial sea correspond basically to the provisions of the 1982 UN Convention.

Territorial waters (territorial sea) is a sea belt adjacent to the land territory (the main land mass and islands) and internal (archipelagic) waters of the state. The legal regime of territorial waters is determined by the fact that they are under the sovereignty of the coastal state.

The Geneva Convention on the Territorial Sea and the Contiguous Zone of 1958 and the Convention of 1982 determine the specifics of the legal status of the territorial sea. Each coastal state establishes the legal regime of the territorial sea in accordance with its national law, since the territorial sea is part of the state territory, and its external border is the state border of the coastal state on the sea.

The basis for recognizing the right of a coastal state to include the territorial sea in its state territory is the obviousness of the interests of this state in relation to protecting its possessions from attacks from the sea, providing for the population through the exploitation of the marine resources of the adjacent areas.

The sovereignty of a coastal state extends to the surface and subsoil of the territorial sea, the airspace above it. In the territorial waters, the laws and regulations of the coastal state apply. The main difference between the regime of territorial waters and the regime of internal waters is the right of innocent passage of foreign ships through the territorial sea.

For the first time, the width of territorial waters was established in the law of individual states in the 17th century. At that time, the definition of width was associated with the visibility range from the coast or with the firing range of coastal batteries. In 1783, in official diplomatic correspondence, for the first time, the specific width of territorial waters was indicated - 3 nautical miles.

For almost 200 years, the issue of the maximum width of the territorial sea could not be resolved due to disagreements between states. The 1982 Convention provides that the states themselves determine the width of their territorial sea within 12 nautical miles (Article 3). Most states have a territorial water width of 12 nautical miles (India, Russia, USA, France, Japan, etc.). Some states have a territorial water width of less than 12 nautical miles: Germany - 3 nautical miles, Norway - 4, Greece - 6. Approximately 20 states have established a territorial sea width of more than 12 miles (Angola - 20, Syria - 35). In the 80s. 20th century (before the entry into force of the 1982 Convention) Brazil, Peru, Costa Rica, Panama, El Salvador, Somalia adopted national legislative acts that determined the width of territorial waters at 200 nautical miles.

Baselines for counting the width of territorial waters are determined by:

1. From the low tide line.

2. From the conditional line of internal waters.

3. From straight initial (basic) lines connecting the most protruding points of the sea coast in the sea. This method is used if the coastline is deeply indented or there is a chain of islands along it. Straight lines are connected by conditional points; these lines should not deviate from the general direction of the coast, the outer boundary of inland waters, from the archipelagic baselines.

The outer and lateral boundaries of the territorial waters of opposite and neighboring states are established on the basis of an agreement between them. The principle of median lines is used as a criterion for distinguishing. All points of the median line are at an equal distance from the nearest points of the baselines, from which “the width of the territorial waters is measured. The distinction can be made in other ways. In the absence of an agreement between states, their sovereignty cannot extend beyond the median line.

The specificity of the status of the territorial sea is due to its importance for international shipping. In this regard, the law of the sea has developed the institution of the right of innocent passage through territorial waters (Article 14 of the Geneva Convention on the Territorial Sea, Articles 17, 19 of the 1982 Invention).

Passage through the territorial sea is navigation for the purpose of crossing that sea without entering internal waters (transit passage) or for the purpose of entering or leaving internal waters (innocent passage). The right of innocent passage is exercised without the prior permission of the competent authorities of the coastal state. Submarines pass through the territorial sea in a state of water.

The passage must be continuous and fast. It includes stopping and anchoring if these actions are related to normal navigation or are necessary due to extraordinary circumstances (force majeure, natural disaster, the need to provide assistance to those in distress). Innocent passage should not violate the peace, public order and security of the coastal state.

The Convention on the Law of the Sea (Article 19) establishes a list of actions that are considered as a violation of the peace, tranquility and security of the coastal state:

1. The threat or use of force against a coastal state.

2. Any maneuvers or exercises with weapons.

3. Collection of information or propaganda to the detriment of the defense capability and security of the coastal state.

4. Lifting into the air, landing or taking on board an aircraft or other military device.

5. Loading or unloading goods, currency, any persons in violation of the rules of the coastal state.

6. Fishing, research, hydrographic and other activities not directly related to innocent passage.

7. Interference with communication systems.

The coastal state has the right to establish sea lanes and traffic separation schemes in the territorial sea. For reasons of security in certain areas of the territorial sea, the right of innocent passage may be suspended. Suspension is carried out without discrimination in relation to flags, only for a certain period and with advance official notification of this.

At one time, the USSR made a reservation to Art. 23 of the Geneva Convention on the Territorial Sea of ​​1958: the coastal state has the right to establish a permit procedure for the passage of foreign warships through the territorial sea.

Foreign ships in the implementation of innocent passage is obliged to comply with the legal regime of the coastal state. Courts that violate the established rules may be subject to measures to prevent the violation or to be held accountable. The application of measures depends on the type of vessel (military or non-military) and the nature of the violation. The coastal state has the right to propose to the ship to change course, interrupt the passage, stop the ship and carry out an inspection on it.

The coastal state has the right to pursue and detain foreign ships outside the territorial waters if these ships have violated the rules for staying in territorial waters. The pursuit may continue until the violating vessel enters the territorial waters of its own or a third state. If the pursuit began in territorial waters, then it can continue on the high seas if it is carried out continuously (hot pursuit).

The issue of the jurisdiction of the coastal state over foreign ships in territorial waters is decided depending on which ship exercises the right of innocent passage - military or merchant. International law establishes the immunity of military and state non-commercial sea vessels: the jurisdiction of the coastal state does not apply to them.

The 1958 Geneva Convention on the Territorial Sea and the Contiguous Zone provides for the possibility of making reservations in relation to the right of innocent passage. It is forbidden to make reservations to the 1982 Convention on the Law of the Sea, but the rules of innocent passage are regulated in it in detail and in detail.

If a warship does not comply with the rules and laws of the coastal state, ignores the demand addressed to it to comply with them, the coastal state has the right to demand to leave the territorial waters. For damage or loss caused by a warship to a coastal State, the flag state of the warship shall be liable.

In 1989, the Uniform Rules for the Interpretation of the Norms of International Law Governing Innocent Passage were adopted: in accordance with the 1982 Convention, in territorial waters where traffic routes are not established, ships enjoy the right of innocent passage. These agreements were adopted at the initiative of the United States.

The criminal jurisdiction of a coastal state (art. 19 of the 1958 Convention, art. 27 of the 1982 Convention) shall not be exercised on board a foreign civil ship passing through the territorial sea to arrest any person or to investigate any crime, committed on board that vessel. Exceptions:

1. The consequences of the crime extend to the territory of the coastal state.

2. The crime disturbs the peace in the country or the good order in the territorial sea.

3. The ship's master, diplomatic agent, consul or other official of the flag State has requested intervention.

4. Intervention is necessary to stop the illegal drug trade.

The coastal State shall not stop the passage of a foreign ship through the territorial sea or change its course for the purpose of exercising civil jurisdiction. With regard to such ships, collection and arrest in any civil case may be carried out only for obligations or by virtue of responsibility that arose during the passage of this ship through the territorial waters of a coastal state. Civil jurisdiction is exercised over foreign ships that are anchored in or passing through the territorial sea after leaving internal waters.

The USSR made a reservation to Art. 20 of the Geneva Convention of 1958 on the immunity of all state ships in the territorial sea: the application to them of the civil jurisdiction of the coastal state is possible only with the consent of the flag state. The reservation was based on the doctrine of absolute State immunity. At present, State ships in the territorial sea are not immune from the civil jurisdiction of the coastal State in the matter of the private law relations of the flag State. This approach is based on the doctrine of state functional immunity that is dominant in the modern world.

The territorial sea is a sea belt located along the coast, as well as outside the internal sea waters.

The sovereignty of the coastal state extends to the territorial sea. The outer boundary of the territorial sea is the state maritime boundary of the coastal state.

In the territorial sea, the laws and regulations established by the coastal state apply. In the territorial sea, the sovereignty of the coastal state is exercised, however, with the observance of the right of foreign ships to use peaceful passage through the territorial sea of ​​other countries. The normal baseline for measuring the breadth of the territorial sea is the low tide line along the coast. In places where the coastline is deeply indented and meandering, or where there is a chain of islands along the coast and in close proximity to it, the method of straight baselines connecting the corresponding points can be used to draw the baseline.

When drawing baselines, no noticeable deviations from the general direction of the coast are allowed. In addition, the system of straight baselines cannot be applied by a State in such a way that the territorial sea of ​​another State is cut off from the high seas or exclusive economic zone.

The outer limit of the territorial sea may lie between 3 and 12 nautical miles from the baselines for measuring the territorial sea. The International Law Commission noted in 1956 that " international law does not permit the extension of the territorial sea beyond 12 miles." The delimitation of the territorial sea between opposite or adjacent states, in appropriate cases, is carried out by agreements between them.

The 1958 Convention on the Territorial Sea and the Contiguous Zone and the 1982 UN Convention on the Law of the Sea provide for the right of innocent passage through the territorial sea for foreign ships. Passage through the territorial sea means navigation of vessels for the purpose of:

1) cross this sea without entering inland waters, as well as without standing in the roadstead or in a port facility outside inland waters;

2) to pass into or out of inland waters, or to stand in a roadstead or in a port facility outside inland waters.

The passage of a foreign ship through the territorial sea is considered peaceful unless the peace, good order or security of the coastal state is violated by it. A coastal State shall not stop a foreign ship passing through the territorial sea or change its course for the purpose of exercising civil jurisdiction over a person on board.

58. Continental shelf: concept, legal regime.

The continental shelf is the seabed, including its subsoil, extending from the outer limit of the territorial sea of ​​the coastal state to the limits established by international law. From a geological point of view, the continental shelf is an underwater continuation of the mainland (continent) towards the sea until its abrupt break or transition into the continental slope.

The Convention on the Continental Shelf of 1958 states that the continental shelf is understood to mean the surface and subsoil of the seabed of the submarine areas outside the zone of the territorial sea to a depth of 200 m or beyond this limit to such a place to which the depth of the overlying waters allows the exploitation of the natural resources of these districts.

The United Nations Convention on the Law of the Sea defined the continental shelf of a coastal State as “the seabed and subsoil of the submarine areas extending beyond the territorial sea throughout the natural extension of its land territory to the outer limit of the continental margin or to a distance of 200 nautical miles from the baselines from which the width of the territorial sea is measured when the outer border of the underwater margin of the mainland does not extend to such a distance” (paragraph 1, article 76). Where the continental margin of a coastal State's shelf extends more than 200 nautical miles, the coastal State may extend the outer limit of its shelf beyond 200 nautical miles, taking into account the location and actual extent of the shelf, but in all circumstances the outer limit of the continental shelf must be not more than 350 nautical miles from the baselines from which the breadth of the territorial sea is measured, or not more than 100 nautical miles from the 2500-meter isobath, which is a line connecting depths of 2500 m (paragraph 5 of article 76).

The rights of a coastal state over the continental shelf do not affect the legal status of the overlying waters and the airspace above them. All states have the right to lay submarine cables and pipelines on the continental shelf. Scientific research on the continental shelf within 200 nautical miles may be carried out with the consent of the coastal state. A State may not refuse other countries to conduct marine research on the continental shelf beyond 200 nautical miles, except for those areas in which it conducts or will conduct operations for detailed exploration of natural resources.

As a rule, coastal states regulate the exploration and exploitation of natural resources and scientific activity on the adjacent shelves by their national laws and regulations.