Bernaerts' Guide _UNCLOS 1982
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Book page 46-47

Section: Part VII, Articles 86-120

Int. Jurisdiction - UNCLOS 1982The exclusive jurisdiction of the flag state[1] is not absolute. There are several exceptions by which other states are granted in varying degrees a share of legislative or enforcement jurisdiction with the flag state. This sharing of jurisdiction is related in four cases to offences and in two cases to the nationality of vessels. These provisions are not derived from a common structure, although some of them are of ancient origin.

Only two basic principles in these provisions find some general application. One is that the states   are   required   to   co-operate   in   the   repression   of the   offences   of piracy,[2] illicit drug trade,[3] and unauthorized broadcasting;[4] co-operation is not, on the other hand, expected for the prevention of transport of slaves.[5] Secondly, warships and other vessels and aircraft clearly on government service[6] have a right of visit on foreign vessels suspected of involvement in piracy, the slave trade, or unauthorized broadcasting.[7] Government vessels also have a right of visit on vessels without nationality (important in the case of vessels which sail under the flags of two or more states[8]) and on vessels of apparently the same nationality as the government ship, even though flying a different flag or refusing to show any flag at all,[9] in reality a question of flag state jurisdiction. In the case of ships involved in illicit drug trade, the jurisdiction of the flag state remains in this respect unchallenged.[10] But the flag state may request co-operation from another state, including the conducting of a visit on board.[11]

[1] Art. 92, Para . 1,  
[2] Art. 100,   
[3] Art. 108, Para . 1,   
[4] Art. 109, Para . 1,
5] Art. 99 
Art. 110, Para . 1, 4, 5, 

[7] Art. 110, Subpara. 1(a-c), [8] Art. 92, Para . 2 (110, 1(d)), 
[9] Art. 110, Subpara. 1(e),   [10] Art. 108, 110,  
Art. 108, Para. 2,  
Art. 110, Para . 1,
[13] Art. 110, Para . 2, 

[14] Art. 101-107; 109,
Art. 101,   
[16] Art. 107,  
Art. 105,  
[18] Art. 109, Para.3-4, 
Art. 111

 The jurisdiction of other states on foreign vessels as granted in the right to visit by duly authorized government vessels is limited to cases of suspicion of certain activities (piracy, slave trade, unauthorized broadcasting, sailing without nationality, practicing deception with regard to nationality);[12] the boarding vessel may verify the right of the ship to fly the flag by checking its documents and, if suspicion remains, proceed to a further investigation.[13] Only in cases of piracy and unauthorized broadcasting are the rights of other states considerably extended.[14] It is significant that the definition of piracy presumes the involvement of at least two vessels, a pirate vessel and a victim vessel,[15] thus excluding hijacking as it has been practiced in recent years from being treated as piracy. Piracy is the only case in which every state's official vessels may carry out a seizure[16] and the state exercises full jurisdiction with regard to penalties to be imposed and action to be taken.[17] Actions of arrest and seizure due to unauthorized broadcasting, on the other hand, may be carried out only by states affected by unlawful broadcasting.[18]   

Section: Part VII, Articles 86-120

The right of hot pursuit[19] has developed of itself. It allows an official vessel to extend the sovereignty of the coastal state beyond the territorial sea by maintaining an uninterrupted chase of a fleeing merchant vessel. The pursuing vessel must be authorized to make arrests. Hot pursuit may commence when the coastal state has good reason to believe that the foreign vessel has violated the state's laws and regulations and the vessel has disobeyed a clear order to stop. The chase must begin within the limits of the territorial sea or, where relevant rights have been violated, in zones further out. The right of hot pursuit ceases when the chase is interrupted or the vessel reaches the territorial sea of its own state or a third state.

[1] Art. 92, Para . 1,  [2] Art. 100,   [3] Art. 108, Para . 1,   [4] Art. 109, Para . 1, [5] Art. 99  [6] Art. 110, Para . 1, 4, 5,   [7] Art. 110, Subpara. 1(a-c), [8] Art. 92, Para . 2 (110, 1(d)),  [9] Art. 110, Subpara. 1(e),   [10] Art. 108, 110,   [11] Art. 108, Para. 2,   [12] Art. 110, Para . 1, [13] Art. 110, Para . 2,  [14] Art. 101-107; 109, [15] Art. 101,   [16] Art. 107,   [17] Art. 105,  [18] Art. 109, Para.3-4,  [19] Art. 111

Next page 48-49


Book published:
1988 Fairplay/UK,
2005 (reprint) by

Trafford Publishing,
1663 Liberty Drive Suite 200
Bloomington, IN 47403, Canada.

329 pages, ISBN 1-4120-7665-x;

Available via online-contributer 




Online – Edition

Bernaerts' Guide to the 
1982 United Nations
Convention on the Law of the Sea


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Bernaerts Guide -UNCLOS 1982

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Preface of the reprint in 2005

More than 15 years ago FAIRPLAY PUBLICATIONS Ltd, Coulsdon, Surrey, England, published the book "Bernaerts' Guide to the Law of the Sea - The 1982 United Nations Convention". The guiding potential of the book to find access to the Law of the Sea Convention is still given. Internet technology and publishing on demand invite to provide the interested reader and researcher with this tool again. Only the Status of the Convention (ratification etc) has been updated and instead of the Final Act, the book edition includes the "Agreement relating to the Implementation of Part XI of the United Nations Convention of the Law of the Sea" of 1994. The corresponding web site neither includes the text of the 1982 Convention, nor the Agreement of 1994. The thorough Index of the 1988 edition is reproduced without changes.
Arnd Bernaerts, October 2005,
Comments 1988-1990
___"an invaluable guide to the understanding and implementation of the 1982 United Nations Convention on the Law of the Sea"
Satya N. Nandan, U.N. Undersecretay, in: Book Foreword, 1988
__"clearly presented" R.R. Churchill, in: Maritime Policy & Management 1989, p. 340
__"the (book's) concept, which is so wonderful simple, is exactly the factor which makes the book so useful for both the novice as well as the person with extensive experience"
M. Bonefeld, in: Verfassung und Recht, 1989, pp. 83-85
__"the work contains much useful background information…." R.W. Bentham, in: Journal of Energy & Natural Resource Law, 1989, p. 336
__"Bernaerts has saved us a struggle" JG, in: Fairplay Shipping Weekly Magazin, 13th October 1988, p. 33
__"this is probably the best edition on the Convention to put into the hands of students"
A.V. Lowe, in: Int'l and Comparative Law Quarterly 1990, p. 16
__"it will be an invaluable reference tool and should sit on the book shelves of policy makers and all others who are involved in maritime matters"
Vivian I. Forbes, in: The Indian Ocean Review, May 1990, p.10

Bernaerts’s Guide to the 1982 United Nations Convention on the Law of the Sea

FOREWORD of the 1988 edition
by Satya N. Nandan
Special Representative of the Secretary-General of the United Nations for the Law of the Sea Office for Ocean Affairs and the Law of the Sea

Revolutionary changes have taken place in the International Law of the Sea since 1945. The process of change was accelerated in the last two decades by the convening in 1973 of the Third United Nations Conference on the Law of the Sea. The protracted negotiations, spanning over a decade, culminated in the adoption of the United Nations Convention on the Law of the Sea in 1982. By 9 December 1984, the closing date for signature, 159 signatures were appended to the Convention, the largest number for any such multilateral instrument in the history of international relations.

The Convention, which was adopted as a comprehensive package, introduced a new equity in the relationship among states with respect to the uses of the ocean and the allocation of its resources. It deals, inter alia, with sovereignty and jurisdiction of states, navigation and marine transport, over flight of aircraft, marine pollution, marine scientific research, marine technology, conservation and exploitation of marine living resources, the development and-exploitation of marine non-living resources in national and international areas, and unique provisions dealing with the settlement of disputes concerning the interpretation and application of the new regime.

There is no doubt that as we approach the 21st century, more and more attention will be paid to the uses of the oceans and the development of their resources. It is important, therefore, that these developments should take place within a widely accepted legal framework so that there is certainty as to the rights and obligations of all states. The United Nations Convention on the Law of the Sea provides that framework. It establishes a standard for the conduct of states in maritime matters. It is thus a major instrument for preventing conflicts among states.

The convention and its annexes contain over 400 articles. For many it may be a formidable undertaking to grasp the substance and structure of it without making a considerable investment in time and energy. Mr Bernaerts' guide, therefore, is a welcome addition to the growing body of literature on the convention. It provides a most useful reference tool which will benefit administrators and policy makers, as well as scholars. It makes the convention accessible to the uninitiated and refreshes, at a glance, the memories of the initiated. With meticulous references and graphic presentations of the provisions of the convention, Mr Bernaerts has given to the international community an invaluable guide to the understanding and implementation of the 1982 United Nations Convention on the Law of the Sea.
April 1988

PREFACE (extract) of the 1988 edition

The reader will be aware that the 1982 United Nations Convention on the Law of the Sea is the first constitution of the oceans, a ground-breaking document in many respects. He or she might also have made the discovery that the full text of the Convention is immediately accessible only to experts. If the Convention were only a treaty consisting of straightforward technical regulatory provisions, it could be left to them with a clear conscience. But the Convention is to a large extent a political document and, as such, is expected to influence significantly the development of relations among the states in the world community; for this reason, a wide-spread knowledge of the scope, goals, and regulatory framework of the Convention can only serve to further the aims of the document and would surely follow the intentions of the many men and women who made this Convention their life-work, such as Arvid Pardo (Malta), Hamilton Shirtey Amerasinghe (Sri Lanka), Tommy T. B. Koh (Singapore), and Satya N. Nandan (Fiji), to name only a few of the hundreds who worked on the preparation of this Convention.
As the reader uses the Guide (Part II), he will find that many provisions of the Convention are much easier to understand if one knows the basic framework within which a particular regulation is placed. The Guide aims to provide this framework, with reference to the text of the Convention and, in addition, t& the supporting Commentary of Part III, which describes the overall context of the major terms arid concepts. The Introduction of Part I sketches the historical background of the Convention and some of the general effects. A detailed index at the end of the book will be of assistance in finding specific subjects.


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