Innocent Passage in the Territorial Sea within the Framework of the Law of the Sea Convention

Abstract

From its early stage of development, the ‘right of navigation’ was recognised as one of the key components of the principle of freedom on the high seas, which for centuries dominated the international law of the sea. Howbeit, because of the progressive seaward expansion of the coastal States authority, a reconciliation between such a right and the sovereignty of States in their territorial waters soon became necessary. Innocent passage of foreign vessels in the territorial sea is, therefore, an outstanding example of compromise between the territorial sovereignty of coastal States and the right of any vessel to freely navigate across the oceans. Indeed, all ships enjoy the right to traverse the territorial sea of another State as long as they comply with a number of legal and technical conditions, most of which are set out in the framework of the United Nations Law of the Sea Convention (LOSC). This article aims at offering an overarching examination of the body of rules governing innocent passage in the territorial sea in order to identify strengths and shortcomings of the existing legal framework.