Abstract

The root cause of the territorial water system establishment is the urgent demand of the sovereign states to prevent land-based aggression from the sea so that only harmless ships would be allowed to navigate usually. This Article is about the right of innocent passage and analyzes whether a warship shall be entitled to cross the territorial sea of another country rapidly and continuously. Based on the 1982 United Nations Convention on the Law of the Sea and the controversy of Article 17, this article illustrates the origin and essence of the innocent passage, thus arguing the problem in the jurisprudential dimension, whether warships shall enjoy this right.

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