Contracting Parties > United Nations Convention on the Law of the Sea > Chile
|Signature||December 10, 1982|
|Ratification||August 25, 1997|
|Entry into force||September 24, 1997|
Declarations, Reservations etc.Declarations made upon ratification:
" ...2. The Republic of Chile declares that the Treaty of Peace and Friendship signed with the Argentine Republic on 29 November 1984, which entered into force on 2 May 1985, shall define the boundaries between the respective sovereignties over the sea, seabed and subsoil of the Argentine Republic and the Republic of Chile in the sea of the southern zone in the terms laid down in articles 7 to 9.
3. With regard to part II of the Convention:
(a) In accordance with article 13 of the Treaty of Peace and Friendship of 1984, the Republic of Chile, in exercise of its sovereign rights, grants to the Argentine Republic the navigation facilities through Chilean internal waters described in that Treaty, which are specified in annex 2, articles 1 to 9.
In addition, the Republic of Chile declares that by virtue of this Treaty, ships flying the flag of third countries may navigate without obstacles through the internal waters along the routes specified in annex 2, articles 1 and 8, subject to the relevant Chilean regulations.
In the Treaty of Peace and Friendship of 1984, the two Parties agreed on the system of navigation and pilotage in the Beagle Channel defined in annex 2, articles 11 to 16. The provisions on navigation set forth in that annex replace any previous agreement on the subjectthat might exist between the Parties.
We reiterate that the navigation systems and facilities referred to in this paragraph were established in the 1984 Treaty of Peace and Friendship for the sole purpose of facilitating maritime communication between specific maritime points and areas, along the specific routes indicated, so that they do not apply to other routes existing in the zone which have not ben specifically agreed on.
b) The Republic of Chile reaffirms the full validity and force of Supreme Decree No. 416 of 1977, of the Ministry of Foreign Affairs, which, in accordance with the principles of article 7 of the Convention -- which have been fully recognized by Chile -- established the straight baselines which were confirmed in article 11 of the 1984 Treaty of Peace and Friendship.
c) In cases in which the State places restrictions on the right of innocent passage for foreign warships, the Republic of Chile reserves the right to apply similar restrictive measures.
4. With regard to part III of the Convention, it should be noted that in accordance with article 35 (c), the provisions of this part do not affect the legal regime of the Strait of Magellan, since passage through that strait is "regulated by long-standing international conventions in force specifically relating to such straits" such as the 1881 Boundary Treaty, a regime which is reaffirmed in the Treaty of Peace and Friendship of 1984.
In article 10 of the latter Treaty, Chile and Argentina agreed on the boundary at the eastern end of the Strait of Magellan and agreed that this boundary in no way alters the provisions of the 1881 Boundary Treaty, whereby, as Chile declared unilaterally in 1873, the Strait of Magellan is neutralized forever with free navigation assured for the flags of all nations under the terms laid down in article V. For its part, the Argentine Republic undertook to maintain, at any time and in whatever circumstances, the right of ships of all flags to navigate expeditiously and without obstacles through its jurisdictional waters to and from the Strait of Magellan.
Furthermore, we reiterate that Chilean maritime traffic to and from the north through the Estrecho de Le Maire shall enjoy the facilities laid down in annex 2, article 10 of the 1984 Treaty of Peace and Friendship.
5. Having regard for its interest in the conservation of the resources in its exclusive economic zone and the adjacent area of the high seas, the Republic of Chile believes that, in accordance with the provisions of the Convention, where the same stock or stocks of associated species occur both within the exclusive economic zone and in the adjacent area of the high seas, the Republic of Chile, as the coastal State, and the States fishing for such stocks in the area adjacent to its exclusive economic zone must agree upon the measures necessary for the conservation in the high seas of these stocks or associated species. In the absence of such agreement, Chile reserves the right to exercise its rights under article 116 and other provisions of the [said Convention], and the other rights accorded to it under international law.
6. With reference to part XI of the Convention and its supplementary Agreement, it is Chile's understanding that, in respect of the prevention of pollution in exploration and exploitation activities, the Authority must apply the general criterion that underwater mining shall be subject to standards which are at least as stringent as comparable standards on land.
7. With regard to part XV of the Convention, the Republic of Chile declares that:
(a) In accordance with article 287 of the Convention, it accepts, in order of preference, the following means for the settlement of disputes concerning the interpretation or application of the Convention:
i) The International Tribunal for the Law of the Sea established in accordance with annex VI;
ii) A special arbitrary tribunal, established in accordance with annex VIII, for the categories of disputes specified therein relating to fisheries, protection and preservation of the marine environment, and marine scientific research and navigation, including pollution from vessels and by dumping.
(b) In accordance with articles 280 to 282 of the Convention, the choice of means for the settlement of disputes indicated in the preceding paragraph shall in no way affect the obligations deriving from the general, regional or bilateral agreements to which the Republic of Chile is a party concerning the peaceful settlement of disputes.
(c) In accordance with article 298 of the Convention, Chile declares that it does not accept any of the procedures provided for in part XV, section 2 with respect to the disputes referred to in article 298, paragraphs 1(a), (b) and (c) of the Convention."
Declaration made upon signature and confirmed upon ratification:
"In exercise of the right conferred by article 310 of the Convention, the delegation of Chile wishes first of all to reiterate in its entirety the statement it made at last April's meeting when the Convention was adopted. That statement is reproduced in document A/CONF.62/SR.164. . . . in particular to the Convention's pivotal legal concept, that of the 200 mile exclusive economic zone to the elaboration of which [the Government of Chile] country made an important contribution, having been the first to declare such a concept, 35 years ago in 1947, and having subsequently helped to define and earn it international acceptance. The exclusive economic zone has a sui generis legal character distinct from that of the territorial sea and the high seas. It is a zone under national jurisdiction, over which the coastal State exercises economic sovereignty and in which third States enjoy freedom of navigation and overflight and the freedoms inherent in international communication. The Convention defines it as a maritime space under the jurisdiction of the coastal State, bound to the latters' territorial sovereignty and actual territory, on terms similar to those governing other maritime spaces, namely the territorial sea and the continental shelf. With regard to straits used for international navigation, the delegation of Chile wishes to reaffirm and reiterate in full the statement made last April, as reproduced in document A/CONF.62/SR.164 referred to above, as well as the content of the supplementary written statement dated 7 April 1982 contained in documentA/CONF.62/WS/19.
With regard to the international sea-bed régime, [the Gov-ernment of Chile wishes] to reiterate the statement made by the Group of 77 at last April's meeting regarding the legal concept of the common heritage of mankind, the existence of which was solemnly confirmed by consensus by the General Assembly in1970 and which the present Convention defines as a part of jus cogens . Any action taken in contravention of this principle and outside the framework of the sea-bed régime would, as last April's debate showed, be totally invalid and illegal."