NTIA: DNS Transition Comment

From: "Ryan B" <ashofmind@gmail.com>
To: <DNSTransition@ntia.doc.gov>
Date: Tue, Jul 4, 2006 11:51 AM
Subject: internet laws

I think the internet should be free in cost, it generates revenue anyways
its not a problem... give a little to get a little more.

I understand that governments are scared of no law and order so what i
presume is that they take the laws that apply to high seas and international
waters and somehow re-define them for the internet. I believe more than one
coutry should be able to converse over these laws

Here are the international sea laws, some things should be changed since
fishing and phishing probably shouldnt get substituted. I am not
re-writing the international sea laws just listing them, i do not make laws
i just point people in directions

-ryan

The provisions of this Part apply to all parts of the sea that are not
included in the exclusive economic zone, in the territorial sea or in the
internal waters of a State, or in the archipelagic waters of an archipelagic
State. This article does not entail any abridgement of the freedoms enjoyed
by all States in the exclusive economic zone in accordance with article 58.
*

Article87

Freedom of the high seas
*

1. The high seas are open to all States, whether coastal or land-locked.
Freedom of the high seas is exercised under the conditions laid down by this
Convention and by other rules of international law. It comprises, *
inter alia*, both for coastal and land-locked States:

(a) freedom of navigation;

(b) freedom of overflight;

(d) freedom to construct artificial islands and other installations
permitted under international law, subject to Part VI;

(e) freedom of fishing, subject to the conditions laid down in section 2;

(f) freedom of scientific research, subject to Parts VI and XIII.

2. These freedoms shall be exercised by all States with due regard for the
interests of other States in their exercise of the freedom of the high seas,
and also with due regard for the rights under this Convention with respect
to activities in the Area.
*

Article88

Reservation of the high seas for peaceful purposes
*

The high seas shall be reserved for peaceful purposes.
*

Article89

Invalidity of claims of sovereignty over the high seas
*

No State may validly purport to subject any part of the high seas to its
sovereignty.
*

Article90

Right of navigation
*

Every State, whether coastal or land-locked, has the right to sail ships
flying its flag on the high seas.
*

Article91

Nationality of ships
*

1. Every 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.

2. Every State shall issue to ships to which it has granted the right to fly
its flag documents to that effect.
*

Article92

Status of ships
*

1. Ships shall sail under the flag of one State only and, save in
exceptional cases expressly provided for in international treaties or in
this Convention, 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.
*

Article93

Ships flying the flag of the United Nations, its specialized agencies

and the International Atomic Energy Agency
*

The preceding articles do not prejudice the question of ships employed on
the official service of the United Nations, its specialized agencies or the
International Atomic Energy Agency, flying the flag of the organization.
*

Article94

Duties of the flag State
*

1. Every State shall effectively exercise its jurisdiction and control in
administrative, technical and social matters over ships flying its flag.

2. In particular every State shall:

(a) maintain a register of ships containing the names and particulars of
ships flying its flag, except those which are excluded from generally
accepted international regulations on account of their small size; and

(b) assume jurisdiction under its internal law over each ship flying its
flag and its master, officers and crew in respect of administrative,
technical and social matters concerning the ship.

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

(a) the construction, equipment and seaworthiness of ships;

(b) the manning of ships, labour conditions and the training of crews,
taking into account the applicable international instruments;

4. Such measures shall include those necessary to ensure:

(a) that each ship, before registration and thereafter at appropriate
intervals, is surveyed by a qualified surveyor of ships, and has on board
such charts, nautical publications and navigational equipment and
instruments as are appropriate for the safe navigation of the ship;

(b) that each ship is in the charge of a master and officers who possess
appropriate qualifications, in particular in seamanship, navigation,
communications and marine engineering, and that the crew is appropriate in
qualification and numbers for the type, size, machinery and equipment of the
ship;

(c) that the master, officers and, to the extent appropriate, the crew are
fully conversant with and required to observe the applicable international
regulations concerning the safety of life at sea, the prevention of
collisions, the prevention, reduction and control of marine pollution, and
the maintenance of communications by radio.

5. In taking the measures called for in paragraphs 3 and 4 each State is
required to conform to generally accepted international regulations,
procedures and practices and to take any steps which may be necessary to
secure their observance.

6. A State which has clear grounds to believe that proper jurisdiction and
control with respect to a ship have not been exercised may report the facts
to the flag State. Upon receiving such a report, the flag State shall
investigate the matter and, if appropriate, take any action necessary to
remedy the situation.

7. Each State shall cause an inquiry to be held by or before a suitably
qualified person or persons into every marine casualty or incident of
navigation on the high seas involving a ship flying its flag and causing
loss of life or serious injury to nationals of another State or serious
damage to ships or installations of another State or to the marine
environment. The flag State and the other State shall cooperate in the
conduct of any inquiry held by that other State into any such marine
casualty or incident of navigation.
*

Article95

Immunity of warships on the high seas
*

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

Article96

Immunity of ships used only on government non-commercial service
*

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.
*

Article97

Penal jurisdiction in matters of collision or any other incident of
navigation
*

1. In the event of a collision or 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
person 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.
*

Article98

Duty to render assistance
*

1. Every State shall require the master of a ship flying 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, its crew and
its passengers and, where possible, to inform the other ship of the name of
his own ship, its port of registry and the nearest port at which it will
call.

2. Every coastal State shall promote the establishment, operation 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 cooperate with neighbouring States for this
purpose.
*

Article99

Prohibition of the transport of slaves
*

Every State shall take 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.
*

Article100

Duty to cooperate in the repression of piracy
*

All States shall cooperate 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.
*

Article101

Definition of piracy
*

Piracy consists of any of the following acts:

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

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

(ii) against a ship, aircraft, persons or property in a place outside the
jurisdiction of any State;

(b) any act of voluntary participation in the operation of a ship or of an
aircraft with knowledge of facts making it a pirate ship or aircraft;

Article102

Piracy by a warship, government ship or government aircraft

whose crew has mutinied
*

The acts of piracy, as defined in article 101, committed by a warship,
government ship or government aircraft whose crew has mutinied and taken
control of the ship or aircraft are assimilated to acts committed by a
private ship or aircraft.
*

Article103

Definition of a pirate ship or aircraft
*

A ship or aircraft is considered a pirate ship or aircraft 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 101. The same applies if the ship or
aircraft has been used to commit any such act, so long as it remains under
the control of the persons guilty of that act.
*

Article104

Retention or loss of the nationality of a pirate ship or aircraft
*

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

Article105

Seizure of a pirate ship or aircraft
*

On the high seas, or in any other place outside the jurisdiction of any
State, every State may seize a pirate ship or aircraft, or a ship or
aircraft 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 ships, aircraft or
property, subject to the rights of third parties acting in good faith.
*

Article106

Liability for seizure without adequate grounds
*

Where the seizure of a ship or aircraft 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 or
aircraft for any loss or damage caused by the seizure.
*

Article107

Ships and aircraft which are entitled to seize on account of piracy
*

A seizure on account of piracy may be carried out only by warships or
military aircraft, or other ships or aircraft clearly marked and
identifiable as being on government service and authorized to that effect.
*

Article108

Illicit traffic in narcotic drugs or psychotropic substances
*

1. All States shall cooperate in the suppression of illicit traffic in
narcotic drugs and psychotropic substances engaged in by ships on the high
seas contrary to international conventions.

2. Any State which has reasonable grounds for believing that a ship flying
its flag is engaged in illicit traffic in narcotic drugs or psychotropic
substances may request the cooperation of other States to suppress such
traffic.
*

Article109

Unauthorized broadcasting from the high seas
*

1. All States shall cooperate in the suppression of unauthorized
broadcasting from the high seas.

2. For the purposes of this Convention, "unauthorized broadcasting" means
the transmission of sound radio or television broadcasts from a ship or
installation on the high seas intended for reception by the general public
contrary to international regulations, but excluding the transmission of
distress calls.

3. Any person engaged in unauthorized broadcasting may be prosecuted before
the court of:

(a) the flag State of the ship;

(b) the State of registry of the installation;

(d) any State where the transmissions can be received; or

(e) any State where authorized radio communication is suffering
interference.

4. On the high seas, a State having jurisdiction in accordance with
paragraph 3 may, in conformity with article 110, arrest any person or ship
engaged in unauthorized broadcasting and seize the broadcasting apparatus.
*

Article110

Right of visit
*

1. Except where acts of interference derive from powers conferred by treaty,
a warship which encounters on the high seas a foreign ship, other than a
ship entitled to complete immunity in accordance with articles 95 and 96, is
not justified in boarding it unless there is reasonable ground for
suspecting that:

(a) the ship is engaged in piracy;

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

(c) the ship is engaged in unauthorized broadcasting and the flag State of
the warship has jurisdiction under article 109;

(d) the ship is without nationality; or

(e) 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 paragraph 1, 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.

4. These provisions apply *mutatis mutandis* to military aircraft.

5. These provisions also apply to any other duly authorized ships or
aircraft clearly marked and identifiable as being on government service.
*

Article111

Right of hot pursuit
*

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, the archipelagic waters, the territorial sea or the contiguous zone
of the pursuing State, 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
or the contiguous zone receives the order to stop, the ship giving the order
should likewise be within the territorial sea or the contiguous zone. If the
foreign ship is within a contiguous zone, as defined in article 33, 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 shall apply *mutatis mutandis* to violations in
the exclusive economic zone or on the continental shelf, including safety
zones around continental shelf installations, of the laws and regulations of
the coastal State applicable in accordance with this Convention to the
exclusive economic zone or the continental shelf, including such safety
zones.

3. The right of hot pursuit ceases as soon as the ship pursued enters the
territorial sea of its own State or of a third State.

4. 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 is within the limits of the territorial sea,
or, as the case may be, within the contiguous zone or the exclusive economic
zone or above the continental shelf. 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.

5. The right of hot pursuit may be exercised only by warships or military
aircraft, or other ships or aircraft clearly marked and identifiable as
being on government service and authorized to that effect.

6. Where hot pursuit is effected by an aircraft:

(a) the provisions of paragraphs 1 to 4 shall apply* mutatis mutandis*;

(b) the aircraft giving the order to stop must itself actively pursue the
ship until a ship or another aircraft of the coastal State, summoned by the
aircraft, arrives to take over the pursuit, unless the aircraft is itself
able to arrest the ship. It does not suffice to justify an arrest outside
the territorial sea that the ship was merely sighted by the aircraft as an
offender or suspected offender, if it was not both ordered to stop and
pursued by the aircraft itself or other aircraft or ships which continue the
pursuit without interruption.

7. 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 inquiry 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 exclusive
economic zone or the high seas, if the circumstances rendered this
necessary.

8. Where a ship has been stopped or arrested outside the territorial sea 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.
*

Article112

Right to lay submarine cables and pipelines
*

1. All States are entitled to lay submarine cables and pipelines on the bed
of the high seas beyond the continental shelf.

2. Article 79, paragraph 5, applies to such cables and pipelines.
*

Article113

Breaking or injury of a submarine cable or pipeline
*

Every State shall adopt the laws and regulations necessary 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 apply also to conduct
calculated or likely to result in such breaking or injury. However, it 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.
*

Article114

Breaking or injury by owners of a submarine cable or pipeline

of another submarine cable or pipeline
*

Every State shall adopt the laws and regulations necessary to provide that,
if persons subject to its jurisdiction who are the owners of a submarine
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.
*

Article115

Indemnity for loss incurred in avoiding injury

to a submarine cable or pipeline
*

Every State shall adopt the laws and regulations necessary 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.
*

SECTION 2. CONSERVATION AND MANAGEMENT OF THE

LIVING RESOURCES OF THE HIGH SEAS
* *

Article116

Right to fish on the high seas
*

All States have the right for their nationals to engage in fishing on the
high seas subject to:

(a) their treaty obligations;

(b) the rights and duties as well as the interests of coastal States
provided for, *inter alia*, in article 63, paragraph 2, and articles 64
to 67; and

Article117

Duty of States to adopt with respect to their nationals

measures for the conservation of the living resources of the high seas
*

All States have the duty to take, or to cooperate with other States in
taking, such measures for their respective nationals as may be necessary for
the conservation of the living resources of the high seas.
*

Article118

Cooperation of States in the conservation and management

of living resources
*

States shall cooperate with each other in the conservation and management of
living resources in the areas of the high seas. States whose nationals
exploit identical living resources, or different living resources in the
same area, shall enter into negotiations with a view to taking the measures
necessary for the conservation of the living resources concerned. They
shall, as appropriate, cooperate to establish subregional or regional
fisheries organizations to this end.
*

Article119

Conservation of the living resources of the high seas
*

1. In determining the allowable catch and establishing other conservation
measures for the living resources in the high seas, States shall:

(a) take measures which are designed, on the best scientific evidence
available to the States concerned, to maintain or restore populations of
harvested species at levels which can produce the maximum sustainable yield,
as qualified by relevant environmental and economic factors, including the
special requirements of developing States, and taking into account fishing
patterns, the interdependence of stocks and any generally recommended
international minimum standards, whether subregional, regional or global;

(b) take into consideration the effects on species associated with or
dependent upon harvested species with a view to maintaining or restoring
populations of such associated or dependent species above levels at which
their reproduction may become seriously threatened.

2. Available scientific information, catch and fishing effort statistics,
and other data relevant to the conservation of fish stocks shall be
contributed and exchanged on a regular basis through competent international
organizations, whether subregional, regional or global, where appropriate
and with participation by all States concerned.

3. States concerned shall ensure that conservation measures and their
implementation do not discriminate in form or in fact against the fishermen
of any State.
*

Article120

Marine mammals
*

Article 65 also applies to the conservation and management of marine mammals
in the high seas.