What is innocent passage in law of the sea?

Innocent passage is a concept in the law of the sea that allows for a vessel to pass through the archipelagic and territorial waters of another state, subject to certain restrictions.

What is meant by innocent passage?

Definition of innocent passage

: the right of a foreign ship in grave distress or when overcome by a force majeure to anchor in or stop at a port within the territorial waters of another state without being subject to the general jurisdiction of the latter.

What is innocent passage according to unclos?

The term Innocent Passage is defined under 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.

What kind of passage does qualify as innocent passage?

The right of innocent passage applies to passage by ships but not to → overflight by aircraft. Such overflight is subject to aviation agreements (→ Air Law). 7 The passage of a foreign ship is ' innocent ' 'so long as it is not prejudicial to the peace, good order, or security of the coastal State' (Art.

Do warships have a right to innocent passage?

Section 4(1) of this act deals with right to innocent passage within the territorial sea of India. It provides that all foreign ship other than the warships which excludes submarines and other under water vessels shall enjoy the territorial sea of India.

INNOCENT PASSAGE | UNITED NATIONS CONVENTION ON THE LAW OF

Is fishing considered to be an innocent passage?

Law No. 32/75 of 5 December 1976 provides that innocent passage-applies to the economic zone but at the same time, and inconsistently, it prohibits entry by any fishing vessel unless consent to do so is secured.

Does innocent passage apply to aircraft?

Innocent passage through territorial sea is a 'right' of navigation subject to numerous restrictions – it can be suspended, there is no associated right of overflight, and a range of activities are prohibited during passage, such as fishing and the launching of aircraft.

What is the difference between the concepts of innocent passage and freedom of navigation?

Both innocent passage and FONOPs challenge a state's imposed limitations on freedom of navigation in a maritime area, but innocent passage accepts that the area is within a state's waters, while a FONOP can be used to challenge a state's territorial claim to an area.

How many miles offshore is international waters?

International Waters: Once a vessel is in waters that are more than 24 miles off the coast of a country, they are considered to be on the high seas and in international waters. The laws used to govern in these waters are based on the country where the ship is registered and the flag it is flying.

What is the 200 nautical mile limit?

An “exclusive economic zone,” or “EEZ” is an area of the ocean, generally extending 200 nautical miles (230 miles) beyond a nation's territorial sea, within which a coastal nation has jurisdiction over both living and nonliving resources.

How far out to sea does a country own?

The foundation is the United Nations Convention on the Law of the Sea (UNCLOS 1982). It says that a country may claim an area extending 12 nautical miles from its coast as its own territorial sea. Additionally it can exploit 200 nautical miles of the water column beyond its coast as its exclusive economic zone.

What do you mean by area under Law of the Sea Convention 1982?

The convention set the limit of various areas, measured from a carefully defined baseline. (Normally, a sea baseline follows the low-water line, but when the coastline is deeply indented, has fringing islands or is highly unstable, straight baselines may be used.) The areas are as follows: Internal waters.

What is meant by contiguous zone?

Definition: A zone contiguous to a territorial sea of a coastal State, which may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured.

In which case the ICJ held that warships have right to innocent passage?

North Sea Continental shelf case.

What is meant by freedom of navigation?

1 : the right recognized in international law especially by treaties or agreements for vessels of one or all states to navigate streams passing through two or more states. 2 : freedom of the seas.

Can foreign vessels have the right to innocent passage through the internal waters of the Philippines?

Metro Manila (CNN Philippines, August 22) — President Rodrigo Duterte cannot simply require foreign vessels to seek the Philippines' permission when passing the country's waters because of the right of innocent passage enshrined in international maritime law.

What is the purpose of a freedom of navigation operation?

The Freedom of Navigation Program's missions are peaceful and conducted without bias for or against any particular country. These missions are rule-of-law based and demonstrate our commitment to upholding the rights, freedoms, and lawful uses of the sea and airspace guaranteed to all nations.

What is right of transit passage?

The right of transit passage is defined as the exercise of the freedoms of navigation and overflight, solely for the purpose of continuous and expeditious transit through an international strait between one part of the high seas or an EEZ and another part of the high seas or an EEZ, in the normal modes of operation ...

What are the limits of freedom of open sea?

Territorial sea and contiguous zone have distance 24 sea miles from coastal baseline of coastal states. After these regions there is exclusive- economic zone which sovereignty applying right and coastal state qualification limited to sea sources and have no qualification about sailing.

Why are there 12 nautical miles?

The significance of 12 nm derives from the fact that the U.N. Convention on the Law of the Sea (UNCLOS) generally grants coastal states jurisdiction over a 12-nm territorial sea emanating from the coast.

Do submarines enter territorial waters?

Submarines are free to transit international straits submerged since that is their normal mode of operation. Transit passage rights do not extend to any state's internal waters within a strait.

Can ships pass through EEZ?

While innocent passage of foreign ships, including navies, through EEZ is allowed by India, no commercial or research activities, including fishing, is allowed.

Can transit passage be suspended?

States bordering straits shall not hamper transit passage and shall give appropriate publicity to any danger to navigation or overflight within or over the strait of which they have knowledge. There shall be no suspension of transit passage.

What is territorial water limit?

(2) The limit of the territorial waters is the line every point of which is at a distance of twelve nautical miles from the nearest point of the appropriate baseline.