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included in the territorial sea or in the internal waters of a State. (3) Where the coasts of two States are opposite or adjacent to each
Art. 2. The high seas being open to all nations, no State may validly other, neither of the two States is entitled, failing agreement between
purport to subject any part of them its sovereignty. Freedom of the high them to the contrary, to extend its contiguous zone beyond the median
seas is exercised udder the conditions laid down by this article and line every point of which is equidistant from the nearest points on the
by the other rules of international law. It comprises, inter baselines from which the breadth of the territorial seas of the two States
alia, both for coastal and non-coastal States: is measured.
(1) Freedom of navigation; The exercise of jurisdiction in contiguous zones of the high seas
(2) Freedom of fishing; becomes necessary in view of the inadequacy under modem conditions
(3) Freedom to lay submarine cables and pipelines; of any reasonable breadth of territorial waters; whatever we may regard
(4) Freedom to fly over the high seas. as the breadth of marginal sea now accepted under international law,
These freedoms, and others which are recognized by the general prin- there are occasions and purposes for which jurisdiction must be exer-
ciples of international law, shall be exercised by all States with reasona- cised farther out from shore. This differs from an attempt to declare
ble regard to the interests of other States in their exercise of the freedom such areas temtorial waters subject to the full sovereignty of the coastal
of the high seas. state. 200
Art. 22. (1) Except where acts of interference derive from powers
conferred by treaty, a warship which encounters a foreign merchant ship 4-20. Comment on Materials Presented. As indicated in
on the high seas is not justified in boarding her unless there is reasona- the opening paragraph of this section, no attempt has been
ble ground for suspecting: made to examine fully the vast and rather complex area of
(a) That the ship is engaged in piracy; or the Law of the Sea. Instead, attention has been focused on
(b) That the ship is engaged in the slave trade; or those concepts which the &tary attorney is most likely to
(c) That, though flying a foreign flag or refusing to show its flag,
the ship is, in reality, of the same nationality as the warship. have. occasion to apply in the field: jurisdictional norms
(2) In the cases provided for in sub-paragraphs (a), (b) and (c) above, applicable to vessels and persons thereon. This chapter has
the warship may proceed to verify the ship's right to fly its flag. To this dealt with one of the most significant, as well as substan-
end, it may send a boat under the command of an officer to the tive, aspects of public international .law: the various juris-
suspected ship. If suspicion remains after the documents have ben dictional theories by which states exercise control over
checked, it may proceed to a further examination on board the ship,
which must be carried out with all possible consideration. territory, individuals, and events. The necessity for a
(3) If the suspicions prove to be unfounded, and provided that the ship thorough analysis and comprehension of this area of the
boarded has not committed any act justifying them, it shall be compen- law is evident. While emphasis has been placed
sated for any loss or damage that may have been sustained. throughout this chapter on the right of state to control in-
CONVENTION ON THE TERRITORIAL SEA AND
dividuals and activities under its jurisdiction, there do ex-
THE CONTIGUOUS ZONE
ist instances where a state, its agents, and instrumentalities
Geneva, April 28, 1958
have an international right to immunity from the exercise
15 U.S.T. 1606, T.I.A.S. 5639, 516 U.N.T.S. 205
ofjurisdiction over both their actions and property. An in-
Art.24. (1) In a zone of the high seas contiguous to its territorial sea,
the coastal State may exercise the control necessary to: creasingly important aspect of international jurisprudence,
(a) Prevent infringement of its customs, fiscal, immigration or these jurisdictional immunities are the subject of chapter
sanitary regulations within its territory or territorial sea; 5, irlfra.
(b) Punish infringement of the above regulations committed within
its temtory or territorial sea. 200. Bishop, The Exercise of Jurisdiction for Special Purposes in
(2) The contiguous zone may not extend beyond twelve miles from High Seas Beyond the Outer Limit of Territorial Waters, reprinted in 99
the base lie from which the breadth of the territorial sea is measured. CONC.REC.2493 (1953).