الاختصاص القضائي الفلسطيني تجاه السفن الأجنبية في المياه الإقليمية : قراءة في الاتفاقية الدولية للطفل لسنة 1989

الملخص EN

Palestine is a coastal state and as a general principle of the coastal state, based on its sovereignty over territorial waters, to regulate the entry of foreign vessels therein, to establish procedures to be observed for entry into them and to subject them to sanitary and customs regulations, but it is not entitled to close its territorial waters without legitimate reason against foreign ships .

Because this contravenes the principle of freedom of maritime navigation, die obstruction of international trade and the principle of the innocent right of passage as affirmed by the Convention on the Law of the Sea.

to which Palestine is a member.

However, this provision does not apply to warships carrying out acts of public authority.

Subject To enter into its territorial sea some of the restrictions required by its safety and.

if necessary, to prevent its entry into force, except in compelling circumstances, such as resorting to its territorial waters to protect itself from a storm The State also has the right to prevent foreign vessels from entering its territorial sea.

Or its vital interests, provided that such prohibition is temporarily removed as soon as the reason for it ceases.

There is no actual Palestinian sovereignty over the territorial waters because of the Israeli occupation and the restrictions imposed by the Oslo Accords.

The jurisdiction ova- Palestinian territorial waters is governed by old legislation of different historical eras.

Instead, the Palestinian Penal Code must be passed quickly, instead of relying on the Jordanian Penal Code of 1960 and the Palestinian Penal Code of 1936.

with the need to be free from the restrictions imposed by the Oslo Accords, which restricted Palestinian sovereignty over territorial waters.

In accordance with the provisions of the Convention on the Law of the Sea.

to which the State of Palestine has become a member, with the need to adopt a modern Palestinian maritime law that is in keeping with developments in the field of maritime navigation and consistent with the sovereignty of Palestine as a State over its territorial waters.