Article 34 Rights of foreign vessels etc. under international law
(1)
This article applies to an activity to the extent that it is carried on in exercise of a right under rules of international law, by or in relation to—
(a)
a third country vessel;
(b)
a warship, naval auxiliary, other vessel or aircraft owned or operated by a State and used, for the time being, only on government non-commercial service (whether or not the warship, naval auxiliary or other vessel is a third country vessel).
(2)
In this article, “third country vessel” means a vessel which—
(a)
is flying the flag of, or is registered in, any State or territory (other than Gibraltar) which is not a member State; and
(b)
is not registered in a member State.