innocent passage
Under Article 17 of UNCLOS, ships of all States enjoy the right of innocent passage through the territorial sea. Passage means navigation that is continuous and expeditious, though stopping is allowed if incidental to ordinary navigation, by force majeure or to help those in distress (Article 18). Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State (Article 19). Article 19(2) lists acts that make passage non-innocent, including the threat or use of force, weapons exercises, spying, propaganda, launching aircraft, loading contrary to customs or immigration laws, wilful serious pollution, fishing and research.
Submarines must navigate on the surface and show their flag (Article 20). Whether warships need prior permission is disputed; India's maritime zones law requires prior notice to the Central Government for foreign warships.
Example
A foreign fishing vessel that casts its nets while crossing India's territorial sea loses the right of innocent passage.
In Indian law
- Articles 17–20, UN Convention on the Law of the Sea, 1982
- Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976
See also
territorial sea · high seas · hot pursuit · contiguous zone
Read more in the study notes
- State territorial sovereignty: acquisition, restrictions and loss (Public International Law)
- State jurisdiction: principles and exemptions (Public International Law)
- Law of the sea: baselines, territorial sea, contiguous zone and EEZ (Public International Law)