The Hague conference drafts.

[Korpen]

The Draft treaties for the Hague conference.
I simply put them here as i feel it is to much work to PM them to everybody.
But they are not to be discussed there, leave that for the actual conference.
So if an invited power has any objections, questions or thoughts about any or all articles in the two draft conventions, they are advised to consult privately with the resident Dutch representative. Modifications will be made to the drafts in response to such requests, but the changes will not be made public, nor will the Dutch government publish who requested a change.


                                PART I

                           TERRITORIAL SEA
                          SECTION I. GENERAL

                              Article 1

1. The sovereignty of a State extends, beyond its land territory and its
internal waters, to a belt of sea adjacent to its coast, described as the
territorial sea.

2. This sovereignty is exercised subject to the provisions of these
articles and to other rules of international law.

                              Article 2

The sovereignty of a coastal State extends to the air space over the
territorial sea as well as to its bed and subsoil.


                SECTION II. LIMITS OF THE TERRITORIAL SEA

                              Article 3

Except where otherwise provided in these articles, the normal baseline 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.

                              Article 4

1. In localities where the coast line is deeply indented and cut into, or
if there is a fringe of islands along the coast in its immediate vicinity,
the method of straight baselines joining appropriate points may be employed
in drawing the baseline from which the breadth of the territorial sea is
measured.

2. The drawing of such baselines must not depart to any appreciable extent
from the general direction of the coast, and the sea areas lying within the
lines must be sufficiently closely linked to the land domain to be subject
to the regime of internal waters.

3. Baselines shall not be drawn to and from low-tide elevations, unless
lighthouses or similar installations which are permanently above sea level
have been built on them.

4. Where the method of straight baselines is applicable under the
provisions of paragraph 1, account may be taken, in determining particular
baselines, of economic interests peculiar to the region concerned, the
reality and the importance of which are clearly evidenced by a long usage.

5. The system of straight baselines may not be applied by a State in such a
manner as to cut off from the high seas the territorial sea of another
State.

6. The coastal State must clearly indicate straight baselines on charts, to
which due publicity must be given.

                              Article 5

1. Waters on the landward side of the baseline of the territorial sea form
part of the internal waters of the State.

2. Where the establishment of a straight baseline in accordance with
article 4 has the effect of enclosing as internal waters areas which
previously had been considered as part of the territorial sea or of the
high seas, a right of innocent passage, as provided in articles 14 to 23,
shall exist in those waters.

                              Article 6

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

                              Article 7

1. This article relates only to bays the coasts of which belong to a single
State.

2. For the purposes of these articles, a bay is a well-marked indentation
whose penetration is in such proportion to the width of its mouth as to
contain landlocked waters and constitute more than a mere curvature of the
coast. An indentation shall not, however, be regarded as a bay unless its
area is as large as, or larger than, that of the semi-circle whose diameter
is a line drawn across the mouth of that indentation.

3. For the purpose of measurement, the area of an indentation is that lying
between the low-water mark around the shore of the indentation and a line
joining the low-water marks of its natural entrance points. Where, because
of the presence of islands, an indentation has more than one mouth, the
semi-circle shall be drawn on a line as long as the sum total of the
lengths of the lines across the different mouths. Islands within an
indentation shall be included as if they were part of the water areas of
the indentation.

4. If the distance between the low-water marks of the natural entrance
points of a bay does not exceed twenty-four miles, a closing line may be
drawn between these two low-water marks, and the waters enclosed thereby
shall be considered as internal waters.

5. Where the distance between the low-water marks of the natural entrance
points of a bay exceeds twenty-four miles, a straight baseline of
twenty-four miles shall be drawn within the bay in such a manner as to
enclose the maximum area of water that is possible with a line of that
length.

6. The foregoing provisions shall not apply to so-called " historic " bays,
or in any case where the straight baseline system provided for in article 4
is applied.

                              Article 8

For the purpose of delimiting the territorial sea, the outermost permanent
harbour works which form an integral part of the harbour system shall be
regarded as forming part of the coast.

                              Article 9

Roadsteads which are normally used for the loading, unloading and anchoring
of ships, and which would otherwise be situated wholly or partly outside
the outer limit of the territorial sea, are included in the territorial
sea. The coastal State must clearly demarcate such roadsteads and indicate
them on charts together with their boundaries, to which due publicity must
be given.

                              Article 10

1. An island is a naturally-formed area of land, surrounded by water, which
is above water at high-tide.

2. The territorial sea of an island is measured in accordance with the
provisions of these articles.

                              Article 11

1. A low-tide elevation is a naturally-formed area of land which is
surrounded by and above water at low-tide but submerged at high-tide. Where
a low-tide elevation is situated wholly or partly at a distance not
exceeding the breadth of the territorial sea from the mainland or an
island, the low-water line on that elevation may be used as the baseline
for measuring the breadth of the territorial sea.

2. Where a low-tide elevation is wholly situated at a distance exceeding
the breadth of the territorial sea from the mainland or an island, it has
no territorial sea of its own.

                              Article 12

1. Where the coasts of two States are opposite or adjacent to each other,
neither of the two States is entitled to extend its territorial sea beyond the median line every point of which is equidistant from the nearest points on the baselines from which the breadth of the territorial seas of each of the two States is measured. The provisions of this paragraph shall not apply, however, where it is necessary by reason of historic title or other special circumstances
to delimit the territorial seas of the two States in a way which is at
variance with this provision.

2. The line of delimitation between the territorial seas of two States
lying opposite to each other or adjacent to each other shall be marked on
large-scale charts officially recognized by the coastal States.

                              Article 13

If a river flows directly into the sea, the baseline shall be a straight
line across the mouth of the river between points on the low-tide line of
its banks.

                  SECTION III. RIGHT OF INNOCENT PASSAGE

               SUB-SECTION A. RULES APPLICABLE TO ALL SHIPS

                              Article 14

1. Subject to the provisions of these articles, ships of all States,
whether coastal or not, shall enjoy the right of innocent passage through
the territorial sea.

2. Passage means navigation through the territorial sea for the purpose
either of traversing that sea without entering internal waters, or of
proceeding to internal waters, or of making for the high seas from internal
waters.

3. Passage includes stopping and anchoring, but only in so far as the same
are incidental to ordinary navigation or are rendered necessary by force
majeure or by distress.

4. Passage is innocent so long as it is not prejudicial to the peace, good
order or security of the coastal State. Such passage shall take place in
conformity with these articles and with other rules of international law.

5. Passage of foreign fishing vessels shall not be considered innocent if
they do not observe such laws and regulations as the coastal State may make
and publish in order to prevent these vessels from fishing in the
territorial sea.

6. Submarines are required to navigate on the surface and to show their
flag.

                              Article 15

1. The coastal State must not hamper innocent passage through the
territorial sea.

2. The coastal State is required to give appropriate publicity to any
dangers to navigation, of which it has knowledge, within its territorial
sea.

                              Article 16

1. The coastal State may take the necessary steps in its territorial sea to
prevent passage which is not innocent.

2. In the case of ships proceeding to internal waters, the coastal State
shall also have the right to take the necessary steps to prevent any breach
of the conditions to which admission of those ships to those waters is
subject.

3. Subject to the provisions of paragraph 4, the coastal State may, without
discrimination amongst foreign ships, suspend temporarily in specified
areas of its territorial sea the innocent passage of foreign ships if such
suspension is essential for the protection of its security. Such suspension
shall take effect only after having been duly published.

4. There shall be no suspension of the innocent passage of foreign ships
through straits which are used for international navigation between one
part of the high seas and another part of the high seas or the territorial
sea of a foreign State.

                              Article 17

Foreign ships exercising the right of innocent passage shall comply with
the laws and regulations enacted by the coastal State in conformity with
these articles and other rules of international law and, in particular,
with such laws and regulations relating to transport and navigation.


         SUB-SECTION B. RULES APPLICABLE TO MERCHANT SHIPS

                              Article 18

1. No charge may be levied upon foreign ships by reason only of their
passage through the territorial sea.

2. Charges may be levied upon a foreign ship passing through the
territorial sea as payment only for specific services rendered to the ship.
These charges shall be levied without discrimination.

                              Article 19

1. The criminal jurisdiction of the coastal State should not be exercised
on board a foreign ship passing through the territorial sea to arrest any
person or to conduct any investigation in connexion with any crime
committed on board the ship during its passage, save only in the following
cases:

(a)  If the consequences of the crime extend to the coastal State; or
(b)  If the crime is of a kind to disturb the peace of the country or the
      good order of the territorial sea; or
(c)  If the assistance of the local authorities has been requested by the
      captain of the ship or by the consul of the country whose flag the
      ship flies; or
(d)  If it is necessary for the suppression of illicit traffic in narcotic
      drugs or slaves.

2. The above provisions do not affect the right of the coastal State to
take any steps authorized by its laws for the purpose of an arrest or
investigation on board a foreign ship passing through the territorial sea
after leaving internal waters.

3. In the cases provided for in paragraphs 1 and 2 of this article, the
coastal State shall, if the captain so requests, advise the consular
authority of the flag State before taking any steps, and shall facilitate
contact between such authority and the ship's crew. In cases of emergency
this notification may be communicated while the measures are being taken.

4. In considering whether or how an arrest should be made, the local
authorities shall pay due regard to the interests of navigation.

5. The coastal State may not take any steps on board a foreign ship passing
through the territorial sea to arrest any person or to conduct any
investigation in connexion with any crime committed before the ship entered
the territorial sea, if the ship, proceeding from a foreign port, is only
passing through the territorial sea without entering internal waters.

                              Article 20

1. The coastal State should not stop or divert a foreign ship passing
through the territorial sea for the purpose of exercising civil
jurisdiction in relation to a person on board the ship.

2. The coastal State may not levy execution against or arrest the ship for
the purpose of any civil proceedings, save only in respect of obligations
or liabilities assumed or incurred by the ship itself in the course or for
the purpose of its voyage through the waters of the coastal State.

3. The provisions of the previous paragraph are without prejudice to the
right of the coastal State, in accordance with its laws, to levy execution
against or to arrest, for the purpose of any civil proceedings, a foreign
ship lying in the territorial sea, or passing through the territorial sea
after leaving internal waters.


          SUB-SECTION C. RULES APPLICABLE TO GOVERNMENT SHIPS
                        OTHER THAN WARSHIPS

                              Article 21

The rules contained in sub-sections A and B shall also apply to government
ships operated for commercial purposes.

                              Article 22

1. The rules contained in sub-section A and in article 18 shall apply to
government ships operated for non-commercial purposes.

2. With such exceptions as are contained in the provisions referred to in
the preceding paragraph, nothing in these articles affects the immunities
which such ships enjoy under these articles or other rules of international
law.

             SUB-SECTION D. RULE APPLICABLE TO WARSHIPS

                              Article 23

If any warship does not comply with the regulations of the coastal State
concerning passage through the territorial sea and disregards any request
for compliance which is made to it, the coastal State may require the
warship to leave the territorial sea.

[Korpen]

Convention on the Laws of the high seas.

Article 1

The term "high seas" means all parts of the sea that are not included in the territorial 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 conditions laid down by these articles and by the other rules of international law. It comprises, inter alia, both for coastal and non-coastal States:

(1) 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 international law, shall be exercised by all States with reasonable regard to the interests of other States in their exercise of the freedom of the high seas.

Article 3

Every State, whether coastal or not, has the right to sail ships under its flag on the high seas.

Article 4

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 entitled to fly. There must exist a genuine link between the State and the ship; in particular, the State must effectively exercise its jurisdiction and control in administrative, 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 documents to that effect.

Article 5

1. Ships shall sail under the flag of one State only and, save in exceptional cases expressly provided for in international treaties or in these articles, shall be subject to its exclusive jurisdiction on the high seas. A ship may not change its flag during a voyage or while in a port of call, save in the case of a real transfer of ownership or change of registry.

2. A ship which sails under the flags of two or more States, using them according to convenience, may not claim any of the nationalities in question with respect to any other State, and may be assimilated to a ship without nationality.

Article 6

1. Warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State.

2. For the purposes of these articles, the term "warship" means a ship belonging to the naval forces of a State and bearing the external marks distinguishing warships of its nationality, under the command of an officer duly commissioned by the government and whose name appears in the Navy List, and manned by a crew who are under regular naval discipline.

Article 7

Ships owned or operated by a State and used only on government non-commercial service shall, on the high seas, have complete immunity from the jurisdiction of any State other than the flag State.

Article 8

1. Every State shall take such measures for ships under its flag as are necessary to ensure safety at sea with regard inter alia to:

(a) The use of signals, the maintenance of communications and the prevention of collisions; (

b) The manning of ships and labour conditions for crews taking into account the applicable international labour instruments;

(c) The construction, equipment and seaworthiness of ships.

2. In taking such measures each State is required to conform to generally accepted international standards and to take any steps which may be necessary to ensure their observance.

Article 9

1. In the event of a collision or of any other incident of navigation concerning a ship on the high seas, involving the penal or disciplinary responsibility of the master or of any other person in the service of the ship, no penal or disciplinary proceedings may be instituted against such persons except before the judicial or administrative authorities either of the flag State or of the State of which such person is a national.

2. In disciplinary matters, the State which has issued a master's certificate or a certificate of competence or licence shall alone be competent, after due legal process, to pronounce the withdrawal of such certificates, even if the holder is not a national of the State which issued them.

3. No arrest or detention of the ship, even as a measure of investigation, shall be ordered by any authorities other than those of the flag State.

Article 10

1. Every State shall require the master of a ship sailing under its flag, in so far as he can do so without serious danger to the ship, the crew or the passengers,

(a) To render assistance to any person found at sea in danger of being lost;

(b) To proceed with all possible speed to the rescue of persons in distress if informed of their need of assistance, in so far as such action may reasonably be expected of him;

(c) After a collision, to render assistance to the other ship, her crew and her passengers and, where possible, to inform the other ship of the name of his own ship, her port of registry and the nearest port at which she will call.

2. Every coastal State shall promote the establishment and maintenance of an adequate and effective search and rescue service regarding safety on and over the sea and where circumstances so require by way of mutual regional arrangements co-operate with neighbouring States for this purpose.

Article 11

Every State shall adopt effective measures to prevent and punish the transport of slaves in ships authorized to fly its flag, and to prevent the unlawful use of its flag for that purpose. Any slave taking refuge on board any ship, whatever its flag, shall ipso facto be free.

Article 12

All States shall co-operate to the fullest possible extent in the repression of piracy on the high seas or in any other place outside the jurisdiction of any State.

Article 13

Piracy consists of any of the following acts:

(1) Any illegal acts of violence, detention or any act of depredation, committed for private ends by the crew or the passengers of a private ship, and directed:

(a) On the high seas, against another ship, or against persons or property on board such ship;

(b) Against a ship, persons or property in a place outside the jurisdiction of any State;

(2) Any act of voluntary participation in the operation of a ship with knowledge of facts making it a pirate ship;

(3) Any act of inciting or of intentionally facilitating an act described in sub-paragraph 1 or sub-paragraph 2 of this article.

Article 14

The acts of piracy, as defined in article 13, committed by a warship, government ship whose crew has mutinied and taken control of the ship are assimilated to acts committed by a private ship.

Article 15

A ship is considered a pirate ship if it is intended by the persons in dominant control to be used for the purpose of committing one of the acts referred to in article 15. The same applies if the ship has been used to commit any such act, so long as it remains under the control of the persons guilty of that act.

Article 16

A ship may retain its nationality although it has become a pirate ship. The retention or loss of nationality is determined by the law of the State from which such nationality was derived.

Article 17

On the high seas, or in any other place outside the jurisdiction of any State, every State may seize a pirate ship, or a ship taken by piracy and under the control of pirates, and arrest the persons and seize the property on board. The courts of the State which carried out the seizure may decide upon the penalties to be imposed, and may also determine the action to be taken with regard to the ship or property, subject to the rights of third parties acting in good faith.

Article 18

Where the seizure of a ship on suspicion of piracy has been effected without adequate grounds, the State making the seizure shall be liable to the State the nationality of which is possessed by the ship, for any loss or damage caused by the seizure.

Article 19

A seizure on account of piracy may only be carried out by warships or other ships on government service authorized to that effect.

Article 20

1. Except where acts of interference derive from powers conferred by treaty, a warship which encounters a foreign merchant ship on the high seas is not justified in boarding her unless there is reasonable ground for suspecting:

(a) That the ship is engaged in piracy; or

(b) That the ship is engaged in the slave trade; or

(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.

2. In the cases provided for in sub-paragraphs (a), (b) and (c) above, 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 suspicions 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.

Article 21

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 or the territorial sea, 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 receives the order to stop, the ship giving the order should likewise be within the territorial sea. If the foreign ship is within a contiguous zone, as defined in article 24 of the Convention on the Territorial Sea and the Contiguous Zone, 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 ceases as soon as the ship pursued enters the territorial sea of its own country or of a third State.

3. 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 are within the limits of the territorial sea, or as the case may be within the contiguous zone. 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.

4. The right of hot pursuit may be exercised only by warships or military, or other ships on government service specially authorized to that effect.

6. The release of a ship arrested within the jurisdiction of a State and escorted to a port of that State for the purposes of an enquiry before the competent authorities may not be claimed solely on the ground that the ship, in the course of its voyage, was escorted across a portion of the high seas, if the circumstances rendered this necessary.

7. Where a ship has been stopped or arrested on the high seas in circumstances which do not justify the exercise of the right of hot pursuit, it shall be compensated for any loss or damage that may have been thereby sustained.

Article 22

1. All States shall be entitled to lay submarine cables and pipelines on the bed of the high seas.

2. Subject to its right to take reasonable measures for the exploration of the continental shelf and the exploitation of its natural resources, the coastal State may not impede the laying or maintenance of such cables or pipelines.

3. When laying such cables or pipelines the State in question shall pay due regard to cables or pipelines already in position on the seabed. In particular, possibilities of repairing existing cables or pipelines shall not be prejudiced.

Article 23

Every State shall take the necessary legislative measures to provide that the breaking or injury by a ship flying its flag or by a person subject to its jurisdiction of a submarine cable beneath the high seas done wilfully or through culpable negligence, in such a manner as to be liable to interrupt or obstruct telegraphic or telephonic communications, and similarly the breaking or injury of a submarine pipeline or high-voltage power cable shall be a punishable offence. This provision shall not apply to any break or injury caused by persons who acted merely with the legitimate object of saving their lives or their ships, after having taken all necessary precautions to avoid such break or injury.

Article 24

Every State shall take the necessary legislative measures to provide that, if persons subject to its jurisdiction who are the owners of a cable or pipeline beneath the high seas, in laying or repairing that cable or pipeline, cause a break in or injury to another cable or pipeline, they shall bear the cost of the repairs.

Article 25

Every State shall take the necessary legislative measures to ensure that the owners of ships who can prove that they have sacrificed an anchor, a net or any other fishing gear, in order to avoid injuring a submarine cable or pipeline, shall be indemnified by the owner of the cable or pipeline, provided that the owner of the ship has taken all reasonable precautionary measures beforehand.

Article 26

The provisions of this Convention shall not affect conventions or other international agreements already in force, as between States Parties to them.

[Korpen]

The Hague conventions can be found here: http://net.lib.byu.edu/~rdh7/wwi/hague.html

[Desertfox]

Think you could do a simplified version?