AntarcticPilot
Well-Known Member
The point is that "Comity" is an internal agreement between consenting states. Basically, the Law of the Sea recognizes three regimes:Of course I cannot speak for other states ... but in all the time I had my boat here with UK SSR ... and sailing the river as well as Riga Bay etc. - the only item they wanted to see was a Licence ... ICC.
All other was "Comity" ..... (One exception - they do not allow bog discharge to sea !)
Only when I was told I can no longer register SSR and had to registered with Latvian Shipping Register - did I have to then comply with their rules.
- International waters (more than 12 miles from the baseline, which is usually a line joining prominent headlands and islands; its definition (especially in places like the Gulf of Finland!) can get very messy!).
- Territorial waters - waters between the baseline and international waters
- Internal waters - waters inside the baseline.
- In the first, the international Law of the Sea applies.
- In the second, national laws apply except where overridden by treaty or for vessels on innocent passage. Innocent passage means simply traversing territorial waters on a passage that does not terminate within the waters of the country in question (there are exceptions for taking shelter under stress of weather or other emergencies). The right of innocent passage is what the US Navy often attempts to enforce in regions such as the Paracel Islands in the South China Sea, where it doesn't recognize the Chinese claims to the South China sea being national waters.
- In the last, National laws apply unconditionally, except where overridden by other treaties (not LoS). In the EU, these are often over-ridden by "comity", and by specific treaties in cases like the Minch (all the waters inside the Outer Hebrides are national waters of the UK). Ships registered elsewhere are usually granted the rights of their originating country, but they don't have to be; this is custom not law, and it is not unconditional in any case. If a nation wished to pass a law that required all ships berthing there to be painted sky blue with pink dots, it could - though their international trade might drop remarkably! But we see its everyday application in things like port rules requiring the use of a pilot, and rarely in the case of ships being impounded for things like bad debts, being unsafe or even for breaking laws such as those imposing sanctions on another country (we saw that quite recently).

