Navigational Rights in Archipelagic Waters

Abstract

The United Nations Convention on the Law of the Sea of 1982, through the institutions of the right of innocent passage, the right of transit passage, and the right of archipelagic sea lanes passage, defines the rules for the navigation of foreign-flagged vessels, including warships, in territorial waters (internal waters, territorial sea, and archipelagic waters). The paper analyses the concept of archipelagic waters, the right of innocent passage within Archipelagic Waters, and the right of archipelagic sea lanes passage, respectively. How vital for the global economy and security are archipelagic waters with navigational rights and overflight on them exemplify waters of Indonesia, where nowadays shipping accounts for approximately 50% of total world trade (including Malacca and Singapore Strait, from the Indian Ocean to the Far East), and is rapidly growing.