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saerTaSoriso samarTlis Jurnali, #1, 2008 JOURNAL OF INTERNATIONAL LAW, N1, 2008
EKA SIRADZE
JURISDICTION OF THE COASTAL STATE OVER THE SHIP
OF FOREIGN STATE IN THE INTERNAL WATERS AND
THE TERRITORIAL SEAS IN ACCORDANCE WITH THE UNITED
NATIONS CONVENTION ON THE LAW OF THE SEA OF 1982
INTRODUCTION
As it was stated by Mr. Tommy B. Koh,
President of the Third United Nations Conference
on the Law of the Sea, in December 10
1982, 1 new record in the history of jurisprudence
has been created. 2
The UN Convention on the Law of the Sea 3
adopted by the conference, together with other
values has rather important characteristics:
The Convention does not give an opportunity
to any State irrespective of its geographic situation,
political strength and level of marine
development to enjoy only the rights and not
to be bound with relevant obligations before
the less developed and weak States. And one
more important aspect is that it has played the
greatest role in creation of new norms and
many of these norms have become the norms
of customary law. The Convention is considered
as comprehensive political and legal paper,
which includes directives for international
relations, policy and law. It establishes new
international control over the world ocean. 4
The aim of this paper is to discuss the Articles
of the Convention on the jurisdiction of
the coastal State over the ship of foreign State
in its internal waters and the territorial seas,
in the present format, where the coastal States
have recognized sovereignty, though the
scopes of this sovereignty and execution of
own laws by the States becomes a subject of
dispute.
The most serious conflicts in the field of
the law of the sea has taken place as a result
of intersection of these two fundamental principles
– territorial sovereignty and independence
of the seas. 5
INTERNAL WATERS
Activity of any State on domestic or international
level is based on the principle of sovereignty.
The problem arises when interests
of one or more sovereign subjects of international
law intersect each other.
As the territorial sovereignty entitles a
State to exercise its jurisdiction in the most
comprehensive manner, the central role is given
to determine to what level the influence of
the coastal State extends.
Baselines perform this function, i.e. provide
for an opportunity of measurement in order to
determine where the coastal State has an absolute
jurisdiction and where it exercises its
rights simultaneously with other States.
Due to the most of coastlines of the States
are indented, fringed by the islands, gulfs or
mouths of river, ports and etc. there are two
types of baselines normal and straight.
In accordance with Article 5 of the Convention,
baselines used for measuring the
breadth of the territorial sea is the low-water
line along the coast as marked on large-scale
charts officially recognized by the coastal State.
Following to Article 8 of the Convention,
waters on the land ward side of the baseline
of the territorial sea form part of the internal
i.e. national waters of the State, from which
the breadth of the territorial sea and all other
zones are measured. Therefore, internal waters
include gulfs, mouths of river, ports, islands
etc. 6
The coastal State while considering the
issue of jurisdiction, first of all should determine
whether all ships enjoy the same status
or not. Following to the Convention warships
and other government ships operated for non-
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