ARTICLE
27 September 2011

The Regulation Of The Innocent Passage Of Ships In The Territorial Sea Law Of 2011

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Elias Neocleous & Co LLC

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Elias Neocleous & Co LLC is the largest law firm in Cyprus and a leading firm in the South-East Mediterranean region, with a network of offices across Cyprus (Limassol, Nicosia, Paphos), Belgium (Brussels), Czech Republic (Prague), Romania (Budapest) and Ukraine (Kiev). A dynamic team of lawyers and legal experts deliver strategic legal solutions to clients operating in key industries across Europe, Asia, the Middle East, India, USA, South America, and China. The firm is renowned for its expertise and jurisdictional knowledge across a broad spectrum of practice areas, spanning all major transactional and market disciplines, while also managing the largest and most challenging cross-border assignments. It is a premier practice of choice for leading Cypriot banks and financial institutions, preeminent foreign commercial and development banks, multinational corporations, global technology firms, international law firms, private equity funds, credit agencies, and asset managers.
The passage of vessels through Cyprus territorial waters has recently been regulated by the enactment of The Regulation of the Innocent Passage of Ships in the Territorial Sea Law of 2011 (Law 28(I)/2011), which entered into force on 18 March 2011.
Cyprus Transport

The passage of vessels through Cyprus territorial waters has recently been regulated by the enactment of The Regulation of the Innocent Passage of Ships in the Territorial Sea Law of 2011 (Law 28(I)/2011), which entered into force on 18 March 2011.

Territorial waters are defined as such part of the sea adjacent to the coast of the Republic of Cyprus as is considered part of its territory and is subject to the sovereignty of the Republic and extending to a breadth up to a limit of 12 nautical miles from the baselines (generally the coastline).

Passage means navigation through the territorial sea for the purpose of: (a) traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or (b) proceeding to or from internal waters or a call at such roadstead or port facility. Fishing operations do not fall within the definition of passage.

Passage must be continuous and expeditious, provided however that passage includes stopping and anchoring in so far as these are incidental to ordinary navigation or are rendered necessary by force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the Republic of Cyprus and it must be performed in conformity with applicable international conventions (particularly the United Nations Convention on the Law of the Sea) and international law. The Law further prescribes a series of activities that are deemed to be prejudicial to the peace, good order or security of the Republic.

The Law defines the circumstances in which the Republic of Cyprus may exercise its criminal or civil jurisdiction in relation to ships passing through the territorial sea and persons aboard them.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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