1958年日内瓦公海公约 GENEVA CONVENTION ON THE HIGH SEAS， 1958

颁布日期：19580429 　实施日期：19620930 　颁布单位：日内瓦

　　THE STATES PARTIES TO THIS CONVENTION

　　DESIRING to codify the rules of international law relating to the highseas，

　　RECOGNISING that the United Nations Conference on the Law of the Sea，held at Geneva from February 24 to April 27， 1958， adopted the followingprovisions as generally declaratory of established principles ofinternational law，

　　HAVE AGREED as follows：

　　Article 1

　　The term “high seas” means all parts of the sea that are not includedin 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 purportto subject any part of them to its sovereignty. Freedom of the high seasis exercised under the conditions laid down by these Articles and by theother rules of international law. It comprises， inter alia， both forcoastal 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 recognised by the generalprinciples of international law， shall be exercised by all States withreasonable regard to the interests of other States in their exercise ofthe freedom of the high seas.

　　Article 3

　　1. In order to enjoy the freedom of the seas on equal terms withcoastal States， States having no sea-coast should have free access to thesea. To this end a State situated between the sea and a State having nosea-coast shall by common agreement with the latter and in conformity withexisting 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 State treatment equal to thataccorded to their own ships， or to the ships of any other States， asregards access to sea ports and the use of such ports.

　　2. States situated between the sea and a State having no sea-coastshall settle， by mutual agreement with the latter， and taking into accountthe rights of the coastal State or State of transit and the specialconditions of the State having no sea-coast， all matters relating tofreedom of transit and equal treatment in ports， in case such States arenot already parties to existing international conventions.Article 4

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

　　Article 5

　　1. Each State shall fix the conditions for the grant of itsnationality to ships， for the registration of ships in its territory， andfor the right to fly its flag. Ships have the nationality of the Statewhose flag they are entitled to fly. There must exist a genuine linkbetween the State and the ship， in particular， the State must effectivelyexercise its jurisdiction and control in administrative， technical andsocial matters over ships flying its flag.

　　2. Each State shall issue to ships to which it has granted the rightto fly its flag documents to that effect.

　　Article 6

　　1. Ships shall sail under the flag of one State only and， save inexceptional cases expressly provided for in international treaties or inthese Articles， shall be subject to its exclusive jurisdiction on the highseas. A ship may not change its flag during a voyage or while in a port ofcall， save in the case of a real transfer of ownership or change ofregistry.

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

　　Article 7

　　The provisions of the preceding Articles do not prejudice the questionof ships employed on the official service of an intergovernmenta

lorganisation flying the flag of the organisation.

　　Article 8

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

　　2. For the purposes of these Articles， the term “warship” means a shipbelonging to the naval forces of a State and bearing the external marksdistinguishing warships of its nationality， under the command of anofficer duly commissioned by the government and whose name appears in theNavy List， and manned by a crew who are under regular naval discipline.

　　Article 9

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

　　Article 10

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

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

　　（b） the manning of ships and labour conditions for crews takinginto 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 togenerally accepted international standards and to take any steps which maybe necessary to ensure their observance.

　　Article 11

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

　　2. In disciplinary matters the State which has issued a master'scertificate or a certificate of competence or licence shall alone becompetent， after due legal process， to pronounce the withdrawal of suchcertificates， even if the holder is not a national of the State whichissued them.

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

　　Article 12

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

　　（a） to render assistance to any person found at sea in danger ofbeing lost；

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

　　（c） after a collision， to render assistance to the other ship， hercrew and her passengers and， where possible， to inform the other ship ofthe name of his own ship， her port of registry and the nearest port atwhich she will call.

　　2. Every coastal State shall promote the establishment and maintenanceof an adequate and effective search and rescue service regarding safety onand over the sea and-where circumstances so require-by way of mutualregional arrangements co-operate with neighbouring States for thispurpose.

　　Article 13

　　Every State shall adopt effective measures to prevent and punish thetransport of slaves in ships authorised to fly its flag， and to preventthe unlawful use of its flag for that purpose. Any slave taking refuge onboard any ship， whatever its flag， shall ipso facto be free.

　　Article 14

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

　　Article 15

　　Piracy consists of any of the following acts：

　　（1） Any illegal acts of violence， detention or any act ofdepredation， c

ommitted for private ends by the crew or the passengers of aprivate ship or a private aircraft， and directed：

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

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

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

　　（3） Any act of inciting or of intentionally facilitating an actdescribed in subparagraph （1） or subparagraph （2） of this Article.

　　Article 16

　　The acts of piracy， as defined in Article 15， committed by a warship，government ship or government aircraft whose crew has mutinied and takencontrol of the ship or aircraft are assimilated to acts committed by aprivate ship.

　　Article 17

　　A ship or aircraft is considered a pirate ship or aircraft if it isintended by the persons in dominant control to be used for the purpose ofcommitting one of the acts referred to in Article 15. The same applies ifthe ship or aircraft has been used to commit any such act， so long as itremains under the control of the persons guilty of that act.

　　Article 18

　　A ship or aircraft may retain its nationality although it has become apirate ship or aircraft. The retention or loss of nationality isdetermined by the law of the State from which such nationality wasoriginally derived.

　　Article 19

　　On the high seas， or in any other place outside the jurisdiction ofany State， every State may seize a pirate ship or aircraft， or a shiptaken by piracy and under the control of pirates， and arrest the personsand seize the propert

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