2.5 Right of Innocent Passage

The right: the foreign ships' passage through the territorial sea — the continuous-and-expeditious transit; the PASSAGE innocent "so long as it is not prejudicial to the peace, good order or security of the coastal state" (the innocence's test — the UNCLOS article's enumerated non-innocent activities: the threat-or-use of force, the weapons' exercise, the intelligence, the pollution, the fishing, the research, the aircraft's launch). The passage's rules: the ships' compliance with the coastal laws (the traffic lanes, the customs-and-immigration); the submarines' surfacing (the submerged passage not innocent — the navigation on the surface and showing the flag); the warships' passage (the debate — the prior-authorization controversies; the UNCLOS's non- settlement noted); the coastal state's rights-and-duties (the passage NOT to be hampered — the suspension's narrow limits: the security's essential interests, the temporary, the non- discrimination; the protection duties: the safety of navigation, the traffic's regulation). Exam Focus Long questions: (i) The innocent passage's full regime (the test, the rules, the coastal state's rights — the banker); (ii) The delimitation's craft (the equitable-solution rule + the courts' methods). Short questions: the straight baselines' conditions; the juridical bay's test; the transit passage's contrast. Trick areas: (i) The territorial sea = 12 NM — the sovereignty FULL but the innocent passage the built-in exception; (ii) TRANSIT passage (straits) is WIDER than INNOCENT passage (territorial…