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领水包括国家的内水和领海两部分。内水具有广义和狭义两种含义。狭义上的内水仅指一国领海基线所包围的向海岸的那部分海域,这是海洋法上的概念。广义上的内水不仅包括海洋法上的内水,而且也包括湖泊、河流及其河口、内海、港口、海湾、海峡等。内水同陆地领土一样,属于国家领土的一部分。沿海国完全有权制定自己的内水制度,有权禁止国外船舶进入其内水航行。按照国际惯例,外国船舶在内水没有无害通过的权利。外国军舰和飞机必须通过外交途径,取得特别许可后方可进入一国内水,享有豁免权,但必须遵守东道目的法律、法令。外国渔船不得进入内水从事捕鱼活动。对于遇难船舶,沿海国通常允许它们驶入内水或港口,但应遵守沿海国的一切规章制度,且不得从事贸易、捕鱼、摄影、测绘等任何违反沿海国利益的行为;未经许可,船员也不得上岸。
The territorial waters include the national interior and territorial waters. Internal water has both broad and narrow sense. In a narrow sense, the internal water refers only to the part of the sea that is encircled by the baseline of a country’s territorial sea to the coast. This is the concept in the law of the sea. In a broad sense, the internal water includes not only the internal water in the law of the sea, but also lakes, rivers and their estuaries, inland sea, ports, gulfs and straits. Like the terrestrial territories, the territorial waters are part of the national territory. Coastal States are fully entitled to establish their own internal water regime and the right to prohibit foreign ships from entering their internal waters. In accordance with international practice, foreign ships have no right of innocent passage through water. Foreign warships and aircraft must, through special diplomatic channels, obtain special permission before entering a domestic water area and enjoy the right of exemption, but must abide by the laws and ordinances of the host country. Foreign fishing vessels may not enter the internal waters to engage in fishing activities. For the vessels in distress, the coastal States usually allow them to enter the internal waters or ports, but they should abide by all the rules and regulations of the coastal state and shall not engage in any breach of the interests of coastal States such as trade, fishing, photography, surveying and mapping, etc. Without permission, Nor should the crew go ashore.