Article 1
The term "high seas" means all parts of the sea that are not included in 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 purport to subject any part of them to its sovereignty. Freedom of the high seas is exercised under the conditions laid down by these articles and by the other rules of international law. It comprises, inter alia, both for coastal 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 recognized by the general principles of international law, shall be exercised by all States with reasonable regard to the interests of other States in their exercise of the freedom of the high seas.
Article 3
Every State, whether coastal or not, has the right to sail ships under its flag on the high seas.
Article 4
1. Each 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; in particular, the State must effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag.
2. Each State shall issue to ships to which it has granted the right to fly its flag documents to that effect.
Article 5
1. Ships shall sail under the flag of one State only and, save in exceptional cases expressly provided for in international treaties or in these articles, 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.
Article 6
1. Warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State.
2. For the purposes of these articles, the term "warship" means a ship belonging to the naval forces of a State and bearing the external marks distinguishing warships of its nationality, under the command of an officer duly commissioned by the government and whose name appears in the Navy List, and manned by a crew who are under regular naval discipline.
Article 7
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.
Article 8
1. Every State shall take such measures for ships under its flag as are necessary to ensure safety at sea with regard inter alia to:
(a) The use of signals, the maintenance of communications and the prevention of collisions; (
b) The manning of ships and labour conditions for crews taking into 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 to generally accepted international standards and to take any steps which may be necessary to ensure their observance.
Article 9
1. In the event of a collision or of 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 persons 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.
Article 10
1. Every State shall require the master of a ship sailing under 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, her crew and her passengers and, where possible, to inform the other ship of the name of his own ship, her port of registry and the nearest port at which she will call.
2. Every coastal State shall promote the establishment 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 co-operate with neighbouring States for this purpose.
Article 11
Every State shall adopt 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.
Article 12
All States shall co-operate 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.
Article 13
Piracy consists of any of the following acts:
(1) Any illegal acts of violence, detention or any act of depredation, committed for private ends by the crew or the passengers of a private ship, and directed:
(a) On the high seas, against another ship, or against persons or property on board such ship;
(b) Against a ship, persons or property in a place outside the jurisdiction of any State;
(2) Any act of voluntary participation in the operation of a ship with knowledge of facts making it a pirate ship;
(3) Any act of inciting or of intentionally facilitating an act described in sub-paragraph 1 or sub-paragraph 2 of this article.
Article 14
The acts of piracy, as defined in article 13, committed by a warship, government ship whose crew has mutinied and taken control of the ship are assimilated to acts committed by a private ship.
Article 15
A ship is considered a pirate ship 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 15. The same applies if the ship has been used to commit any such act, so long as it remains under the control of the persons guilty of that act.
Article 16
A ship may retain its nationality although it has become a pirate ship. The retention or loss of nationality is determined by the law of the State from which such nationality was derived.
Article 17
On the high seas, or in any other place outside the jurisdiction of any State, every State may seize a pirate ship, or a ship 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 ship or property, subject to the rights of third parties acting in good faith.
Article 18
Where the seizure of a ship 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, for any loss or damage caused by the seizure.
Article 19
A seizure on account of piracy may only be carried out by warships or other ships on government service authorized to that effect.
Article 20
1. Except where acts of interference derive from powers conferred by treaty, a warship which encounters a foreign merchant ship on the high seas is not justified in boarding her unless there is reasonable ground for suspecting:
(a) That the ship is engaged in piracy; or
(b) That the ship is engaged in the slave trade; or
(c) That 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 sub-paragraphs (a), (b) and (c) above, 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.
Article 21
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 or the territorial sea, 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 receives the order to stop, the ship giving the order should likewise be within the territorial sea. If the foreign ship is within a contiguous zone, as defined in article 24 of the Convention on the Territorial Sea and the Contiguous Zone, 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 ceases as soon as the ship pursued enters the territorial sea of its own country or of a third State.
3. 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 are within the limits of the territorial sea, or as the case may be within the contiguous zone. 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.
4. The right of hot pursuit may be exercised only by warships or military, or other ships on government service specially authorized to that effect.
6. 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 enquiry 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 high seas, if the circumstances rendered this necessary.
7. Where a ship has been stopped or arrested on the high seas 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.
Article 22
1. All States shall be entitled to lay submarine cables and pipelines on the bed of the high seas.
2. Subject to its right to take reasonable measures for the exploration of the continental shelf and the exploitation of its natural resources, the coastal State may not impede the laying or maintenance of such cables or pipelines.
3. When laying such cables or pipelines the State in question shall pay due regard to cables or pipelines already in position on the seabed. In particular, possibilities of repairing existing cables or pipelines shall not be prejudiced.
Article 23
Every State shall take the necessary legislative measures 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 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.
Article 24
Every State shall take the necessary legislative measures to provide that, if persons subject to its jurisdiction who are the owners of a 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.
Article 25
Every State shall take the necessary legislative measures 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.
Article 26
The provisions of this Convention shall not affect conventions or other international agreements already in force, as between States Parties to them.
Article 27
This Convention shall be open for accession by any States. The instruments of accession shall be deposited with the Netherlands Government.
Article 28
1. This Convention shall come into force on the thirtieth day following the date of deposit of the twenty-second instrument of ratification or accession with the Government of the Netherlands
2. For each State ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.
Article 29
1. After the expiration of a period of five years from the date on which this Convention shall enter into force, a request for the revision of this Convention may be made at any time by any Contracting Party by means of a notification in writing addressed to the Netherlands Government.
Prince Pu Lun rose: "This sounds all very reasonable but we take strong objection to article 21 paragraph 2. A pirate must be hounded mercilessly and may not know a safe haven, nor be able to find refuge. Besides, what honourable country would harbour such a despicable creature ?"
Quote from: Phoenix on April 17, 2007, 07:52:04 AM
Prince Pu Lun rose: "This sounds all very reasonable but we take strong objection to article 21 paragraph 2. A pirate must be hounded mercilessly and may not know a safe haven, nor be able to find refuge. Besides, what honourable country would harbour such a despicable creature ?"
Chairman Veebruggen quickly responds: "While the Netherlands agree that pirates should be purged, there are to many possibilities for abuse and questions of leagal authority to allow hot pursuit into the territorial sea of another country in general. However, this can be settled in a bilateral agreement between two states, that is allowing an other country hot pursuit into their territorial sea."
Admiral Greenwich stood, and taking stock of what had already been said, and making sure he was not about to be interupted, spoke.
"Gentlemen, the United Norman Kingdom agrees with these laws of the High Sea's, though we do see sense in what the noble Prince has to say. I believe that this is where the increased use of Wireless sets aboard warships, where the pursuer could in theory inform the authorities of the nation whose waters have been entered."
As noted in other sources, the Privateers of the Mark would operate under Article 21 Section 4 as "other ships on government service specially authorized to that effect". They are not pirates, but more pirate hunters in this day and age. During times of war they might be used to hunt the commerce of the enemy, but their primary mission has been to hunt down and deceive enemy raiders into attacking a vessel that it at least a match for them on the high seas. The Privateers of the Mark have since the ending of the days on the Spanish Main flown a Flag of Rohan at all times. The deception is not to make one think they are a neutral or foreign power, but to make one think they are harmless Westron merchentmen to be prey upon.
Quote from: Ithekro on April 17, 2007, 01:22:49 PM
The Privateers of the Mark have since the ending of the days on the Spanish Main flown a Flag of Rohan at all times. The deception is not to make one think they are a neutral or foreign power, but to make one think they are harmless Westron merchentmen to be prey upon.
Under the Convention it would be appreciated that they pull up the Riddermark Navy jack before they start blasting ...
Borys
Standard procedure is to raise the colors of war before one opens fire. An enemy may not have much time between the lowering and raising of the flags, but they will have a moment of warning before the cannons or torpedoes fire.
Somehow this raises a picture in the mind that is both delightful and instructive.
So, the noble Kingdom of Rohan has men in its service that prey upon predators. That makes them not pirates. But the confusion remains when other nations call their not-so-noble seafarers by the same name and give them the same pieces of paper, allowing them to prey upon the helpless and innocent.
"This document as proposed is acceptable to Brandenburg."
The Habsburgs will sign as is.
The Confederate States of America will endorse as-is.
Rohan has no problem with this part of the document.
Russia agrees with this document
Iberia has no objection to the current text.
EDIT: No idea how objection didn't make it into the post
With the only reservation on the Privateers issue, France agrees.
But reserves the right to interpret the rules to the spirit, not by legal wordmongering.
New Switzerland agrees to to this document.
The Middle Kingdom abides by the consensus.
Japan agrees.
Chairman Veerbruggen:
"Very well Gentlemen, so far The Confederated States of America, The Deutcher Kaiserreich Brandenburg, The Republic of France, The Empire of Austria, The Empire of Iberia, The Empire of Japan, The Middle Kingdom, The Kingdom of the united Netherlands, The Kingdom of Rohan, The Empire of Russia, The Republic of New Switzerland and The United Norman Kingdom has agreed to sign this document. The convention will remain open for further signatories."
The Republic of Gran Colombia will sign this document.
Read the whole document, and in no case has New Switzerland yet broken it. In fact under Article 17 and 20, NS actions where completly legal.
Lies, lies and Falsehood! These were peaceful Peruvian merchants on an errand for the Most Holy Caliphate and Exalted Sultanate of Firanj! The Glorious Infidel Franks were providing an escort of Honour. There was no flea infested pirate dog Mars - may his dates shrivel and his seed be no more - amongst those Honorable merchants!
Quote from: Desertfox on June 11, 2007, 10:27:41 PM
Read the whole document, and in no case has New Switzerland yet broken it. In fact under Article 17 and 20, NS actions where completly legal.
In fact not, you demanded the ships on the grounds of suspect passengers, something that is not allowed.
It should have been immediately obvious that the ship was a pirate vessel, no matter the disorder of its papers, and then let go.
Also, by telling the Franji to "come and get" the ships, you are clearly implying that the legal basis for your entire operation is non-existent.
QuoteArticle 20
1. Except where acts of interference derive from powers conferred by treaty, a warship which encounters a foreign merchant ship on the high seas is not justified in boarding her unless there is reasonable ground for suspecting:
(a) That the ship is engaged in piracy; or
(b) That the ship is engaged in the slave trade; or
(c) That 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 sub-paragraphs (a), (b) and (c) above, 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.
The passenger in question was accused of Piracy and owned the vesssels. That is a legitimate reason to stop and search. A quick search revealed missing papers and lots of gold. That required per #2 a further examination on board the ship, which must be carried out with all possible consideration. However since it was no longer safe to do so in the high seas, the ships where taken to a safe island. This was underscored by the Dutch attack.
As to the "come and get it" what do you expect? Send an escort to get attaacked again in a 'rescue' operation? Or let them free and if they dissapear get blamed for it? The only safe course is let them go under either a neutral or Farinj escort.
Then the question is , why would the French escort a know pirate?
Maybe the French don't see him as a pirate. There's that 'Peace' Fleet incident when the attack occured exacly when Greater Napoleon was missing...
Then again I originaly labled the French ships 'rouge'.
Ha! The Austrian Secret Service was right after all! The French cruisers had been taken over by subversives and painted red!
Agrival gassed the Moulin Rouge. I don't believe France would forgive him that....
OOC the attack on the peace fleet..... you could ask Battle of the Pyramids about the truth of that.... in other words, the old Habsburg emperor...
I knew there was a conection between the cruisers and Agrival! A pity color film hasn't been invented yet, I could make a killing selling movies of "Red" ships sinking in Austria!
What actually happened and what is actually known are two different things. All NS knows is the Greater Napoleon was not present, and that France has had its share of shady dealings (ie Brazil).
QuoteAgrival gassed the Moulin Rouge. I don't believe France would forgive him that....
If that saves future generations from a certain musical movie, I think we should
all forgive him for that.