Innocent Passage
What is Innocent Passage?
Rights of Other States of Innocent Passage.
Duties and Rights of Coastal State of Innocent Passage.
Suspend of Innocent Passage
A term of international law referring to a ship or aircraft's right to enter and pass through another's territory so long as it is not prejudicial to the peace, good order or security of the other state.
According to Article 17 of United Nations Convention on the Law of the Sea (UNCLOS) III
Subject to this Convention, ships of all States, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea.
According to Article 20 of United Nations Convention on the Law of the Sea (UNCLOS) III
In the territorial sea, submarines and other underwater vehicles are required to navigate on the surface and to show their flag.
According to Article 23 of United Nations Convention on the Law of the Sea (UNCLOS) III
Foreign nuclear-powered ships and ships carrying nuclear or other inherently dangerous or noxious substances shall, when exercising the right of innocent passage through the territorial sea, carry documents and observe special precautionary measures established for such ships by international
agreements.
Duties of the coastal State
According to Article 24 of United Nations Convention on the Law of the Sea (UNCLOS) III
1. The coastal State shall not hamper the innocent passage of foreign ships through the territorial sea except in accordance with this Convention. In particular, in the application of this Convention or of any laws or regulations adopted in conformity with this Convention, the coastal State shall not:
(a) impose requirements on foreign ships which have the practical effect of denying or impairing the right of innocent passage; or
(b) discriminate in form or in fact against the ships of any State or against ships carrying cargoes to, from or on behalf of any State.
2. The coastal State shall give appropriate publicity to any danger to navigation, of which it has knowledge, within its territorial sea.
Rights of protection of the coastal State
According to Article 25 of United Nations Convention on the Law of the Sea (UNCLOS) III
1. The coastal State may take the necessary steps in its territorial sea to prevent passage which is not innocent.
2. In the case of ships proceeding to internal waters or a call at a port facility outside internal waters, the coastal State also has the right to take the necessary steps to prevent any breach of the conditions to which admission of those ships to internal waters or such a call is subject.
3. The coastal State may, without discrimination in form or in fact among foreign ships, suspend temporarily in specified areas of its territorial sea the innocent passage of foreign ships if such suspension is essential for the protection of its security, including weapons exercises. Such suspension
shall take effect only after having been duly published.
Charges which may be levied upon foreign ships
According to Article 26 of United Nations Convention on the Law of the Sea (UNCLOS) III
1. No charge may be levied upon foreign ships by reason only of their passage through the territorial sea.
2. Charges may be levied upon a foreign ship passing through the territorial sea as payment only for specific services rendered to the ship. These charges shall be levied without discrimination.
Rights of Other States of Innocent Passage.
Duties and Rights of Coastal State of Innocent Passage.
Suspend of Innocent Passage
Innocent Passage
A term of international law referring to a ship or aircraft's right to enter and pass through another's territory so long as it is not prejudicial to the peace, good order or security of the other state.
Passage and innocent passage both are defined in UNCLOS III
According to Article 18 of United Nations Convention on the Law of the Sea (UNCLOS) III
1. Passage means navigation through the territorial sea for the purpose of:
(a) traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or
(b) proceeding to or from internal waters or a call at such roadstead or port facility.
According to Article 19 of United Nations Convention on the Law of the Sea (UNCLOS) III
1. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with this Convention and with other rules of international law.
1. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with this Convention and with other rules of international law.
2. Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the coastal State if in the territorial sea it engages in any of the following activities:
(a) any threat or use of force against the sovereignty, territorial
integrity or political independence of the coastal State, or in any
other manner in violation of the principles of international law
embodied in the Charter of the United Nations;
integrity or political independence of the coastal State, or in any
other manner in violation of the principles of international law
embodied in the Charter of the United Nations;
(b) any exercise or practice with weapons of any kind;
(c) any act aimed at collecting information to the prejudice of the defence or security of the coastal State;
(d) any act of propaganda aimed at affecting the defence or security of the coastal State;
(e) the launching, landing or taking on board of any aircraft;
(f) the launching, landing or taking on board of any military device;
(g) the loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws and regulations of the coastal State;
(h) any act of wilful and serious pollution contrary to this Convention;
(i) any fishing activities;
(j) the carrying out of research or survey activities;
(k) any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal State;
(l) any other activity not having a direct bearing on passage.
Rights of Other States of Innocent Passage
According to Article 17 of United Nations Convention on the Law of the Sea (UNCLOS) III
Subject to this Convention, ships of all States, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea.
According to Article 20 of United Nations Convention on the Law of the Sea (UNCLOS) III
In the territorial sea, submarines and other underwater vehicles are required to navigate on the surface and to show their flag.
According to Article 23 of United Nations Convention on the Law of the Sea (UNCLOS) III
Foreign nuclear-powered ships and ships carrying nuclear or other inherently dangerous or noxious substances shall, when exercising the right of innocent passage through the territorial sea, carry documents and observe special precautionary measures established for such ships by international
agreements.
Duties and Rights of Coastal States of Innocent Passage
Duties of the coastal State
According to Article 24 of United Nations Convention on the Law of the Sea (UNCLOS) III
1. The coastal State shall not hamper the innocent passage of foreign ships through the territorial sea except in accordance with this Convention. In particular, in the application of this Convention or of any laws or regulations adopted in conformity with this Convention, the coastal State shall not:
(a) impose requirements on foreign ships which have the practical effect of denying or impairing the right of innocent passage; or
(b) discriminate in form or in fact against the ships of any State or against ships carrying cargoes to, from or on behalf of any State.
2. The coastal State shall give appropriate publicity to any danger to navigation, of which it has knowledge, within its territorial sea.
Rights of protection of the coastal State
According to Article 25 of United Nations Convention on the Law of the Sea (UNCLOS) III
1. The coastal State may take the necessary steps in its territorial sea to prevent passage which is not innocent.
2. In the case of ships proceeding to internal waters or a call at a port facility outside internal waters, the coastal State also has the right to take the necessary steps to prevent any breach of the conditions to which admission of those ships to internal waters or such a call is subject.
3. The coastal State may, without discrimination in form or in fact among foreign ships, suspend temporarily in specified areas of its territorial sea the innocent passage of foreign ships if such suspension is essential for the protection of its security, including weapons exercises. Such suspension
shall take effect only after having been duly published.
Charges which may be levied upon foreign ships
According to Article 26 of United Nations Convention on the Law of the Sea (UNCLOS) III
1. No charge may be levied upon foreign ships by reason only of their passage through the territorial sea.
2. Charges may be levied upon a foreign ship passing through the territorial sea as payment only for specific services rendered to the ship. These charges shall be levied without discrimination.
Suspend of Innocent Passage
According to Article 25(3) of United Nations Convention on the Law of the Sea (UNCLOS) III
The coastal State may, without discrimination in form or in
fact among foreign ships, suspend temporarily in specified areas of its
territorial sea the innocent passage of foreign ships if such
suspension is essential for the protection of its security, including
weapons exercises. Such suspension shall take effect only after having been duly published.
According to Article 52(2) of United Nations Convention on the Law of the Sea (UNCLOS) III
The archipelagic State may, without discrimination in form or in fact among foreign ships, suspend temporarily in specified areas of its archipelagic waters the innocent passage of foreign ships if such suspension is essential for the protection of its security. Such suspension shall take effect only after having been duly published.
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