UNCLOS Flashcards
Innocent Passage
International law provides that ships (but not aircraft) of all nations enjoy the right of innocent passage for the purpose of continuous and expeditious traversing of the territorial sea or for proceeding to or from internal waters.
When is passage innocent?
Passage is innocent so long as it is not prejudicial to the peace, good order, or security of the coastal nation.
Transit Passage
The exercise of freedoms of navigation and overflight solely for the purpose of continuous and expeditious transit in the normal modes of operation utilized by ships and aircraft for such passage.
Conditions of Transit Passage
- Proceed without delay through or over the strait
- Refrain from any threat or use of force against the sovereignty, territorial integrity, or political independence of states bordering the strait
- Refrain from activities other than those incident to their normal modes of continuous and expeditious transit
Assistance Entry
“All ship and aircraft commanders have an obligation to assist those who are in danger of being lost at sea.”
The right of assistance entry permits entry in the territorial sea without permission of the coastal nation to engage in bone fide efforts to render emergency assistance.
This only applies when the location of the distress or emergency is reasonably well known.
Archipelagic Sea Lanes
“substantially identical to right of transit passage through international straits”
ships and aircraft are required to remain within 25 nm either side of the axis line and must approach no closer to the coastline than 10% of the distance between the points on islands bordering the sea lane and the axis line.