Where for any of the offences committed by a foreign ship, the coastal State has
the capacity to effect an arrest and where pursuit has begun in the territorial sea, the
coastal State may exercise the right of hot pursuit to the High Seas.
45
2.11 Legislative Powers of the Coastal State
In accordance with the UNCLOS,
46 the coastal State may pass legislation for:
(i) The safety of navigation including traffic separation schemes.
(ii) Laws to protect navigational aids facilities & installations including oil rigs.
(iii) Regulate the protection of pipelines and cables.
(iv) Fishing activities.
(v) Preservation of the environment and control of pollution.
(vi) Activities of marine scientific research.
(vii) Apply its customs fiscal, immigration and sanitary laws.
It is important to add that that UNCLOS requires any such legislation developed
or passed by the coastal State to be made public.
47 While UNCLOS recognizes that
the coastal State may pass and enforce these laws, it nevertheless states that the laws
should not lead to a denial of innocent passage for foreign vessels and should not
invoke discriminatory practices.
In spelling out the duties of the coastal State, the coastal State is prohibited from
levying charges on foreign vessels for passage through their territorial waters but
may do so if it renders services.
48 The coastal State is also enjoined under
UNCLOS
49 to warn others of any dangers to navigation in its territorial sea of
which it has knowledge. Where passage is deemed to be non-innocent, UNCLOS
has prescribed measures that may be taken by the coastal State. These may include
temporal suspension of the innocent passage of foreign ships in specific areas of its
territorial sea, especially for security purposes.
50 Action taken by the coastal State
shall not block access to a strait as happened between America and Iran in the Strait
of Hormuz.
45 The cases of the SS Lotus and Enrica Lexis provide detailed discussion of issues on concurrent
jurisdiction of the flag State and coastal State.
46 UNCLOS Article 21(1).
47 UNCLOS Article 21(3).
48 The Australian Maritime Safety Act 1990; AMSA.
49 UNCLOS Article 24.
50 UNCLOS Article 25.
Coastal, Flag and Port State Jurisdictions: Powers and Other. . .
509
the capacity to effect an arrest and where pursuit has begun in the territorial sea, the
coastal State may exercise the right of hot pursuit to the High Seas.
45
2.11 Legislative Powers of the Coastal State
In accordance with the UNCLOS,
46 the coastal State may pass legislation for:
(i) The safety of navigation including traffic separation schemes.
(ii) Laws to protect navigational aids facilities & installations including oil rigs.
(iii) Regulate the protection of pipelines and cables.
(iv) Fishing activities.
(v) Preservation of the environment and control of pollution.
(vi) Activities of marine scientific research.
(vii) Apply its customs fiscal, immigration and sanitary laws.
It is important to add that that UNCLOS requires any such legislation developed
or passed by the coastal State to be made public.
47 While UNCLOS recognizes that
the coastal State may pass and enforce these laws, it nevertheless states that the laws
should not lead to a denial of innocent passage for foreign vessels and should not
invoke discriminatory practices.
In spelling out the duties of the coastal State, the coastal State is prohibited from
levying charges on foreign vessels for passage through their territorial waters but
may do so if it renders services.
48 The coastal State is also enjoined under
UNCLOS
49 to warn others of any dangers to navigation in its territorial sea of
which it has knowledge. Where passage is deemed to be non-innocent, UNCLOS
has prescribed measures that may be taken by the coastal State. These may include
temporal suspension of the innocent passage of foreign ships in specific areas of its
territorial sea, especially for security purposes.
50 Action taken by the coastal State
shall not block access to a strait as happened between America and Iran in the Strait
of Hormuz.
45 The cases of the SS Lotus and Enrica Lexis provide detailed discussion of issues on concurrent
jurisdiction of the flag State and coastal State.
46 UNCLOS Article 21(1).
47 UNCLOS Article 21(3).
48 The Australian Maritime Safety Act 1990; AMSA.
49 UNCLOS Article 24.
50 UNCLOS Article 25.
Coastal, Flag and Port State Jurisdictions: Powers and Other. . .
509