Innocent Passage Sample Clauses

Innocent Passage. Innocent passage refers to a vessel’s right to continuous and expeditious transit through a coastal State’s territorial sea for the purpose of traversing the seas (without entering a State’s internal waters, such as a port).62 Stopping and anchoring are permitted when incident to ordinary navigation or made necessary by force majeure (e.g., mechanical casualty, bad weather, or other distress).63 “Passage is innocent so long as it is not prejudicial to the peace, good order, or security of the coastal nation.”64 There is no provision in international law that would permit a coastal State to require prior notification or authorization in order to exercise the right of innocent passage.65 Moreover, UNCLOS III contains no requirement that passage through a State’s territorial sea be necessary in order for it to be innocent; it does, however, enunciate a list of twelve activities deemed not to be innocent, including any threat or use of force, any weapons exercise or practice, any intelligence collection or act of propaganda, the launching or recovery of aircraft or any military device (e.g., landing craft or Unmanned Aerial Vehicles), any willful act of serious pollution, any fishing, research or survey activities, any intentional interference with communications systems, or “any other activity not having a direct bearing on passage.”66 (1) The United States takes the position that UNCLOS III’s list of prohibitions on innocent passage is exhaustive and intended to eliminate subjective determinations of innocent passage. If a vessel is not engaged in the above listed activities, its passage is deemed innocent according to the U.S. view.67 (2) The U.S. view is that innocent passage extends to all shipping, and is not limited by cargoes, armament, or type of propulsion (e.g., nuclear). Note that UNCLOS III prohibits coastal State laws from having the practical effect of denying innocent passage.68 (3) Innocent Passage does not apply to aircraft (i.e., the airspace above the territorial sea is considered “national airspace,” which aircraft can generally only enter with the consent of the coastal State, e.g., in accordance with the Chicago Convention).69 (4) A submarine in innocent passage must transit on the surface, showing its flag.70
Sample 1
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Related to Innocent Passage

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