Your use of this heinonline pdf indicates your acceptance of heinonlines. This zone exists to bolster a states law enforcement capacity. Transit passage th rough international straits 181 through the waterway is innocent, passage of warships is permissible and the coastal state cannot require prior authorization. Pdf you have the right to remain innocent download full. South korea could lawfully deny the right of innocent passage to. There is no right of innocent passage for aircraft flying through the airspace above the coastal states territorial sea. The international court of justice and the law of the sea. The right of innocent passage and the 1958 geneva conference on the law of the sea solomon slonim on september 10, 1964, the 1958 geneva convention on the law of the territorial sea and the contiguous zone came into force, having been ratified by the requisite 22 states. This article looks at the international law concerning the innocent passage of warships through territorial seas after unclos iii. We oppose the passage of lng tanker traffic through head harbour and we will continue to do so. The right of innocent passage applies to vessels as they undertake their voyages through the territorial sea of a foreign coastal state. In the great belt case, denmark underlined the necessity of the bridge for the efficiency of its economy, as opposed to the competitive edge of a few companies which finland was trying to protect by.
This article further lays emphasis on on the indian scenario relating to the topic. The right of innocent passage applies to straits used for international navigation in accordance with the losc and cannot be suspended even when a situation of armed conflict exists. Request pdf the right to innocent passage in malaysian law the right to innocent passage in malaysian law find, read and cite all the research you need on researchgate. Right of all ships regardless of armament or means of propulsion. The challenge of the proliferation security initiative and the implications for the territorial waters of the aland islands. Right of innocent passage and the evolution of the international law of the sea 1990. The right of innocent passage nocent passage to north korea finds little support in international law, the manner in which north korea decided to exercise its right lacked good faith and creates a strong suspicion that the action was not an innocent passage, but an act of propaganda. All east asian littoral states except north korea and cambodia are parties to the losc but their practices regarding the innocent passage of warships are different. The relevant rules of international law governing innocent passage of ships in the territorial sea are stated in the 1982 united nations convention on the law of the. Innocent passage and transit passage in the united nations. All ships, including warships, regardless of cargo, armament, or means of propulsion enjoy the right of innocent passage through the territorial sea in accordance with international law, for. Full coastal state sovereignty, subject to rights of.
It may also be said that there can be no talk of innocence if passage is not subject to the sovereignty of the state whose shores are adjacent to. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state. Subject to this convention, ships of all states, whether coastal or landlocked, enjoy the right of innocent passage through the territorial sea. Innocent passage is a concept in the law of the sea that allows for a vessel to pass through the territorial waters of another state, subject to certain restrictions. Understanding the right of innocent passage workboat.
Rules applicable to all ships article 17 right of innocent passage subject to this convention, ships of all states, whether coastal or landlocked, enjoy the right of innocent passage through the territorial sea. Right of innocent passage of ships carrying ultrahazardous cargoes by miguel sousa ferro i. Where territorial waters comprise straits used for international. Introduction for several years now, a significant number of coastal states have claimed a right to deny passage through their territorial seas, or even through their exclusive economic zones eez, to ships carrying ultrahazardous cargoes. Without the right of innocent passageby definition, the right of a vessel not intent on armed conflict to navigate through national waters when no other option existsthe black sea would be accessible only to turkey, which owns both sides of the twomilewide. In order to place the issue in context, we must first comprehend the basic provisions that comprise the regime of innocent passage. The maritime space is a quite fascinating and interesting space to explore which definitely attracts anybodysinterest. Such passage shall take place in conformity with this convention and with other rules of international law. The right of innocent passage does not apply to submerged submarines or to aircraft, nor does it include a right to fish. States may also establish a contiguous zone from the outer edge of the territorial seas to a maximum of 24 nautical miles from the baseline. The right of passage is valid erga omnes, for all nations to enjoy. Article 37 unclos establishes the right of transit passage, which is broader than the.
Innocent passage implies that such passage is at the sufferance of the state through whose coastal waters the right is exercised. Other articles where innocent passage is discussed. Article 17 recites the fundamental doctrine that ships of all states. Transit passage is more permissive than innocent passage in that it permits overflight of the strait by aircraft and submerged transit by submarines, although states enjoying transit passage still must conduct transits continuously and expeditiously and refrain from threatening the coastal states or conducting military exercises in the strait. Innocent passage in the territorial sea innocent passage signifies a right of free passage through territorial waters which exists only as long as the foreign vessel respects coastal state regulations and does not interfere with or threaten the tranquility of the coastal state. The legal right of a coastal state to prevent transit or nonsuspendable innocent passage of ships is limited to acts that take place while the ship is in engaged in passage through the strait that constitute a threat or actual use of force against the sovereignty, territorial integrity, or political independence of states bordering the strait. For instance, the right of innocent passage has no usefulness with respect to navigation on the high seas since no state can validly claim jurisdiction over this body of water. States in time of peace have a right to send their warships through straits used for international navigation between two parts of the high seas with. Passage is innocent as long as a ship refrains from engaging in certain prohibited activities, including weapons testing, spying, smuggling, serious pollution, fishing, or scientific research. In fact, the united states has routinely conducted fonops to preserve the right of innocent passage for many years, consistent with applicable international law and longstanding u.
The united nations convention on the law of the sea article 19 defines innocent passage as. Warships in territorial waters, their right of innocent. The coastal state is free to make laws relating to its internal waters, regulate any use, and use any resource. There are two notions that have influenced international law relating to oceans. The right of innocent passage is the main restriction imposed by international law over any coastal state wishing to. It looks at both transit passage by sea and air, drawing together their similarities and differ ences. Under article 17 of the unclos iii right of innocent passage is defined subject to this convention, ships of all states, whether coastal or landlocked, enjoy the right of innocent passage through the territorial sea, and passage is defined under article 18. At unclos i no agreement was reached as to whether foreign 4warships in peacetime enjoy the same right of innocent passage through the territorial sea as merchant ships or whether the coastal state may grant the passage subject to prior notification or authorization. To save innocent lives, theyll have to risk their own.
This article analyzes the debates preceding the adoption of the convention by the 1958 united nations conference on the. The united nations convention on the law of the sea losc is well known as the constitution for the oceans. The right of transit passage under the 1982 convention. Sohngustafson held the right of innocent passage to be an exception to the sovereignty of a coastal state over its territorial sea. In the absence of agreements to the contrary, foreign vessels have no right of passage within internal waters, and this lack of right to innocent passage is the key difference between internal waters and territorial waters. What is the difference between innocent passage and. The right of transit passage is not applicable to straits where passage is regulated by longstanding international agreements. Pdf do warships enjoy the right of innocent passage as. In innocent passage, then again, submarines are required to navigate on the surface and to show their flag. For readers who might question how the united states can invoke article 17 of unclos when it is. Unless otherwise prescribed in an international convention, there is no right for a coastal state to prohibit such passage through straits in time of peace. The right of transit passage under the 1982 convention v. The classic example of the right of innocent passage is the bosphorus strait. The right of innocent passage in the territorial sea scholarship.