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





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.
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;
(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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