Freedom of Navigation Act 2023

Istkalen

Freedom of Navigation Act

Proposed by Councillor James Mizrachi-Roscoe (United Duchies) :: Passed (7-4) 3 March 2023 :: Unamended

PREAMBLE
To guarantee the safe passage of ships through natural waterways connecting seas and oceans, as well as to ensure unrestricted free trade and mobility worldwide, it is necessary for the European Union to act and adopt legislation protecting freedom of navigation as an essential part of the global supply chain and trade system.

SECTION I: DEFINITIONS
Transit passage: right to temporarily transit through territorial waters of a given state for the sole purpose of continuously navigating between two different parts of the high seas whose connection is unavoidably necessary through the territorial waters of a state.This may be subject to a tax or fee to do so.
Territorial waters: any mass of water, extending up to 12 nautical miles from a state’s coastline n in which that state exercises its sovereignty.
International waters: any mass of water extending up from 12 nautical miles from a state’s coastline.
Internal waters: any mass of water located within the contiguous coastline (i.e. some small bays and gulfs, harbours) or completely surrounded by land and fully located within the territorial boundaries of a single state.
SECTION II: REGULATIONS
I. Ships of any nature are entitled to freely navigate international waters.
II. Ships of any nature are entitled to transit through straits or any analogous natural waterway connecting two or more masses of international water under the right of transit passage.
III. No state shall unilaterally grant itself the right to deny or limit the passage of any ship through international waters or through territorial waters under the right of transit passage.
IV. Transit passage of a ship through territorial waters may be denied only in the event of a clear violation of European Union law and with the consent of the appropriate national court.
V. An Observatory of European Navigation shall be established, in order to oversee the proper implementation of this Act.
VI. Nations shall have complete rights over exploitation of the resources within their Territorial Waters, including those under the seabed. Where necessary, states may prohibit makes or models of vessels from transiting territorial waters, where the structure or features of the vessel pose a threat to the wellbeing of the territorial waters. However, if on arrival to such waters a vessel is deemed offensive to the natural wellbeing of the environment, the state will not be permitted to deny entry to the vessel on grounds of environmental safety.
VII. Member States may deny military passage through their territorial waters

SECTION III: OBSERVATORY OF EUROPEAN NAVIGATION
I. The Observatory of European Navigation (from now on, “the Observatory”) shall be established in the Free City of Europolis to oversee the proper implementation of this Act by issuing annual Freedom of Navigation reports.
II. The Observatory shall be administered by a director, appointed by the Internal Affairs Commissioner.
III. The Observatory shall be requested to issue a report any time a case on the violation of this Act is brought to the European Court of Justice, in order to assist the Court in its deliberation.
IV. Where it is suspected that a model of vessel is prohibited for the purposes of undermining the freedom to transit herein guaranteed, the Observatory of European Navigation may issue the defendant state a fine of an amount to be decided at the time of the verdict, and allow the vessel model to transit those territorial waters.

SECTION IV: ENFORCEMENT
I. All member states of the European Union are required to harmonize their national law(s) with this Act in six months of time from its approval by the European Council.
II. Any state found guilty of violating this Act shall be made liable for any economic damages caused as assessed by the European Court of Justice
III. Any state found guilty of abusing the situation described in section II (IV) to unlawfully halt free navigation shall be made liable for any economic damages caused as assessed by the European Court of Justice