The Right of Innocent Passage for Flag State in the Territorial Sea.pdf

The Principle of
Innocent Passage
for Flag States in
the Territorial Sea
Within the
Framework of the
Law of the Sea
Convention

1. The Principle of
Innocent Passage
for Flag States in
the Territorial Sea

2. Within the
Framework of the
Law of the Sea
Convention

3. Table of contents
Introduction
01
Conclusion
03
Concept and Principles of Innocent
Passage
02

4. Introduction
01

5. Any activities on the territorial water is under the consent of the coastal state. However,
UNCLOS exceptionally allow states to Innocent passage over the territorial water.
•Article 17 underlines the convention permission to innocent passage as “Subject to
this Convention, ships of all States, whether coastal or land-locked, enjoy the right of
innocent passage through the territorial sea.”
Introduction

6. Moreover, the convention discuss about the
meaning of innocent passage in detail
descriptions.
On the other side, the convention states
about flag states’ meaning, rights and
obligations amid passing and navigation over
coastal states territory (territorial water) and
high seas
Four consecutive articles of Part VII
and section 1(Article 90 up to Article
94) explains about the nationality of
Ships and duties of the flag states.
The issues pertaining to flag states
navigation and passage in the territorial
sea is not vividly mentioned as precise
as navigation over the high seas.
Introduction
Innocent Passage Flag States
Nevertheless, the innocent passage of all states whether it’s coastal or land locked within
the boundaries of 12 nm (Territorial water) is conferred to compile flag states right and
duties during innocent passage.

7. The Concept and
Principles of
Innocent Passage
02

8. The Concept of Innocent
Passage
Passage shall be continuous and expeditious.
However, 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 distress or for the purpose of
rendering assistance to persons, ships or aircraft in
danger or distress. Article 18(2)
Passage
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. (Article
19(1)).
Innocence

9. The Concept of Innocent Passage
Article 19(2) comprises prejudicial activities and incidents
•Any threat or use of force against the sovereignty, territorial integrity or
political independence of the coastal State,
•Any exercise or practice with weapons of any kind,
•Any security spying of the coastal state
•any act of propaganda aimed to affect the security coastal state
•the launching, landing or taking on board of any military device;
•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;
•any act of willful and serious pollution contrary to this Convention;
•any fishing activities;
•the carrying out of research or survey activities;
•any act aimed at interfering with any systems of communication or any
other facilities or installations of the coastal State;
•Any other activity not having a direct bearing on passage

10. UNCLOS also provides coastal states to formulate laws and regulations
related to innocent passage as alluded under article 21 of the convention.
•“The coastal State may adopt laws and regulations, in conformity with
the provisions of this Convention and other rules of international law,
relating to innocent passage through the territorial sea,……….
The Concept of Innocent Passage

11. The Concept of Innocent Passage
Comparatively, coastal states are under duties of conduct as well as rights to
protect from non-innocent passages. The consecutive articles of 24 and 25 are
descriptions of duties and rights of protection of coastal states during innocent
passage.
•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. (Article 24(1))
•The coastal State may take the necessary steps in its territorial sea to
prevent passage which is not innocent. (Article 25(2))

12. The Concept of Innocent
Passage
“Any security spying of the
coastal state” due to the fact
that spying is open to
meaning it might be a source
of dispute and disagreement
on innocence of the passage.
“ships of all States, whether
coastal or land-locked, enjoy
the right of innocent passage
through the territorial sea”
Article 19(3) Article 17
“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 road stead or port facility.”
Article 18

13. Principles of
Innocent Passage

14. Principles of Innocent Passage
specific principles regarding innocent passage of flag state through
territorial water is explicitly overshadowed under the principles of
the international law of the sea.
This navigation is based on the following principles of international
law of the sea. It’s discussed under the umbrella of the wider
principles.

15. Principle of
freedom
All states enjoy the freedom of Innocent
passages to navigate through territorial sea
according to the definition given to the
innocent passage. (Article 17)
No charge may be levied upon foreign ships by
reason only of their passage through the
territorial sea. (Article 26)

16. Principle of
Sovereignty
Safeguard the interest of costal states and
innocent passages of flag states
The coastal State may take the necessary steps in its
territorial sea to prevent passage which is not
innocent. (Article 25(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. (Article 25 (3).
“the coastal State shall not hamper the innocent
passage of foreign ships through the territorial sea
except in accordance with this Convention.

17. Principle of the
common heritage
of mankind
Subject to this Convention, ships of
all States, whether coastal or Land-
locked, enjoy the right of innocent
passage through the territorial sea
(Article 17). The phrase “all states”
is all about common right to all
human kind regardless its access to
sea.

18. Other Principles
Continuation
of the passage
Article 18(2) Passage shall be
continuous and expeditious
Prejudicial
activities
Are considered as principle of
innocent passage
Hoisting and
flying of flags
Article 20-in the territorial sea, submarines and other
underwater vehicles are required to navigate on the surface
and to show their flag
Responsibility to
loss and damage
Article 31, the flag State is also obliged to bear international
responsibility for any loss or damage to the coastal State
resulting from the non-compliance
Collisions at
the sea
Article 21: Foreign ships exercising the right shall comply with
all such laws and regulations and all generally accepted
international regulations

19. Conclusion
03

20. Conclusion
The convention of the law of the sea provides freedom of innocent passages through the territorial sea
under the jurisdiction and consent of the coastal state. It also discusses the meaning of innocent
passages, regulations and laws, principles of the passage and the duties of the coastal states of all states.
The principles are crucial in order to be inclusive of all states to enjoy navigation and resolve disputes
among the coastal states and flag states. Generally, the right of innocent passage grants authority over
the territorial sea zone to costal states but has a room for passages without any theaters and harm to the
coastal state and also any act of the coastal state to hindered the innocent passage prohibited under the
convention of the law of the sea.

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22. Resources
•United Nations" (1982). "Convention on the Law of the Sea".
•Tanaka, Y. (2019). The International Law of the Sea. Cambridge
University Press.
•Shaw, M. N. (2008). International law (6th ed). Cambridge
University Press.