Unlawful interference with rights of innocent passage in territorial waters
Name(s):
Denial to right to innocent passage in territorial waters
Nature
It is a violation of international law, and a threat to friendly international relations, for a coastal state to engage in any of the following acts which interfere with rights of innocent passage: (a) to hamper innocent passage through the territorial sea; (b) to fail to give appropriate publicity to dangers to navigation, of which it has knowledge, within its territorial sea; (c) to discriminate amongst foreign ships in the effective exercise of the rights of innocent passage; (d) to suspend the innocent passage of foreign ships through straits which are used for international navigation between one part of the high seas and another part of the high seas or the territorial sea of a foreign state.
Background
Ships of all states, whether coastal or not, enjoy the right of innocent passage through the territorial sea of any state. Passage means navigation through the territorial sea for the purpose either of traversing that sea without entering internal waters, or of proceeding to internal waters, or of making for the high seas from internal waters. Passage includes stopping and anchoring, but only in so far as the same are incidental to ordinary navigation or are rendered necessary by force majeure or by distress. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state. Such passage must take place in conformity with the rules of international rules of international law. For example, submarines are required to navigate on the surface and to show their flag. Passage of foreign vessels may not be considered innocent if they fail to observe the laws and regulations of the coastal state, in particular, laws which prevent these vessels from fishing in the territorial sea.
Broader
Aggravated by
Value(s)
Type
(E) Emanations of other problems