Innocent passage does not equal to transit passage The UN Law of the Sea Convention was approved with stipulations on the so-called right of transit passage.
The right of transit passage is applicable to straits which are used for international navigation, located in the territorial waters of the coastal states, connecting different parts of the open sea or economic zones to each other.
The most significant difference between transit passage and innocent passage is that in transit passage submarines are allowed to navigate through the strait below the surface; the right of transit passage concerns also air transport. In innocent passage, then again, submarines are required to navigate on the surface and to show their flag; the right of innocent passage does not apply to air transport. The right of transit passage is not applicable to straits where passage is regulated by long-standing international agreements.
Transit passage means the exercise in accordance with this Part of the freedom of navigation and overflight solely for the purpose of continuous and expeditious transit of the strait between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone.
However, the requirement of continuous and expeditious transit does not preclude passage through the strait for the purpose of entering, leaving or returning from a State bordering the strait, subject to the conditions of entry to that State. Any activity which is not an exercise of the right of transit passage through a strait remains subject to the other applicable provisions of this Convention.
During transit passage, foreign ships, including marine scientific research and hydrographic survey ships, may not carry out any research or survey activities without the prior authorization of the States bordering straits. In conformity with this Part, States bordering straits may designate sea lanes and prescribe traffic separation schemes for navigation in straits where necessary to promote the safe passage of ships.
Such States may, when circumstances require, and after giving due publicity thereto, substitute other sea lanes or traffic separation schemes for any sea lanes or traffic separation schemes previously designated or prescribed by them. Such sea lanes and traffic separation schemes shall conform to generally accepted international regulations. Before designating or substituting sea lanes or prescribing or substituting traffic separation schemes, States bordering straits shall refer proposals to the competent international organization with a view to their adoption.
The loading or unloading of any commodity, currency, or person in contravention of the customs, fiscal, immigration or sanitary laws and regulations of States bordering straits. States bordering straits have the duty not to hamper transit passage and to give appropriate publicity to any danger to navigation or overflight within or over the strait of which they know.
Territorial map of the world. LOSC, Articles Chairman of the Joint Chiefs of Staff Instruction LOSC, Article Naval Warfare Publication M, See John A. San Remo Manual, Articles Naval Warfare Publication M, , All Posts. Understanding Innocent and Transit Passage. Recent Posts See All. Post not marked as liked 1. Post not marked as liked.
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