117 



C. CONVENTION ON THE HIGH SEAS 



The States Parties to this 'Convention, 



Desiring to codify the rules of interna- 

 tional law relating to the high seas, 



Recognizing that the United Nations Con- 

 ference on the Law of the Sea, held at 

 Geneva from 24 February to 27 April 1958, 

 adopted the following provisions as gener- 

 ally declaratory of established principles of 

 international law, 



Have agreed as follows; 



Article i 



The term "high seas" means all parts of 

 the sea that are not included in the terri- 

 torial sea or in the internal waters of a State. 



Article 2 



The high seas being open to all nations, 

 no State may validly purport to subject any 

 part of them to its sovereignty. Freedom 

 of the high seas is exercised under the con- 

 ditions laid down by these articles and by 

 the other rules of international law. It 

 comprises, inter alia, both for coastal and 

 non-coastal States; 



(i) Freedom of navigation; 



(2) Freedom of fishing; 



(3) Freedom to lay submarine cables 

 and pipelines; 



(4) Freedom to fly over the high seas. 

 These freedoms, and others which are 



recognized by the general principles of in- 

 ternational law, shall be exercised by all 

 States with reasonable regard to the in- 

 terests of other States in their exercise of 

 the freedom of the high seas. 



Article 3 



I. In order to enjoy the freedom of the 

 seas on equal terms with coastal States, 

 States having no sea-coast should have free 



3. Adopted Apr. 26, 1958 (U.N. Doc. A/Conf. 

 I3A.53). 



access to the sc.i. To this end States sit- 

 uated iKtwecn the sea and a State having 

 no sea-coast shall by common agreement 

 with the latter and in conformity with exist- 

 ing international conventions accord; 



(a) To the State having no sea-coast, on 

 a basis of reciprocity, free transit through 

 their territory; and 



{b) To ships flying the flag of that Sute 

 treatment equal to that accorded to their 

 own ships, or to the ship', of any other 

 States, as regards access to seaports and 

 the use of such ports. 



2. States situated between the sea and a 

 State having no sea<oast shall setde, by mu- 

 tual agreement with the latter, and taking 

 into account the rights of the coastal State 

 or State of transit and the special conditions 

 of the State having no sea<oast, all matters 

 relating to freedom of transit and equal 

 treatment in ports, in case such States are 

 not already parties to existing international 

 conventions. 



Article 4 



Every State, whether coastal or not, has 

 the right to sail ships under its flag on the 

 high seas. 



Article 5 



1. Each State shall fix the conditions for 

 the grant of its nationality to ships, for 

 the registration of ships in its territory, and 

 for the right to fly its flag. Ships have the 

 nationality of the State whose flag they are 

 entided to fly. There must exist a genuine 

 link between the State and the ship; in 

 particular, the State must effectively exer- 

 cise its jurisdiction and control in adminis- 

 trative, technical and social matters over 

 ships flying its flag. 



2. Each State shall issue to ships to which 

 it has granted the right to fly its flag docu- 

 ments to that effect. 



