for all you peoples information regarding my last post...
Innocent Passage. Innocent passage refers to a vesselÂ’s right to continuous and expeditious transit through a coastal StateÂ’s territorial sea for the purpose of traversing the seas without entering a StateÂ’s internal waters. Stopping and anchoring is permitted when (1) incident to ordinary navigation, or (2) made necessary by force majeur (e.g., mechanical casualty, bad weather, other distress). Passage is innocent so long as it is not prejudicial to the peace, good, order, or security of the coastal State. There is no provision in international law for prior notification or authorization in order to exercise that right. UNCLOS III contains no requirement that passage through a StateÂ’s territorial sea be necessary in order for it to be innocent; it does, however enunciate a list of activities not deemed to be innocent:
any threat or use of force against the sovereignty, territorial integrity, or political independence of the coastal state or other acts in violation of the principles of international law as embodied in the UN Charter;
any exercise or practice with weapons of any kind; (
read as GUNs and missiles are off ...
)any act aimed at collecting information to the prejudice of the security of the coastal state;
(read as radars are off....
)any act of propaganda aimed at affecting the defense or security of the coastal state;
launching, landing, or taking on board of any aircraft;
the launching, landing, or taking on board of any military device;
loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration, or sanitary laws and regulations of the coastal state;
any willful and serious pollution;
any fishing activities;
the carrying out of any research or survey activity;
any act aimed at interfering with any system of communication or any other facilities or installations of the coastal state; and
any other activity not having a direct bearing on passage.
The United States takes the position that the above list 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.
Innocent passage extends to all shipping and is not limited by cargoes, armament, or type of propulsion. Note that UNCLOS III prohibits coastal state laws from having the practical effect of denying innocent passage.
Innocent Passage does not apply to aircraft. Submarines in innocent passage must transit on the surface, showing their flag.
Challenges to Innocent Passage: (1) Merchant ships must be informed of the basis for the challenge and provided an opportunity to clarify intentions or correct the conduct at issue. Where no corrective action is taken by the vessel, the coastal State may require it to leave or may, in limited circumstances, arrest the vessel. (2)
A warship / state vessel must be challenged and informed of the violation that is the basis for the challenge. Where no corrective action is taken, the coastal State may require the vessel to leave its territorial sea and may resort to minimum force to enforce the ejection.Suspension of Innocent Passage: A coastal state may temporarily suspend innocent passage if such an act is essential for the protection of security. Such a suspension must be (1) non-discriminatory; (2) temporary; (3) applied to a specified geographic area; and (4) imposed only after due publication / notification.
Right of Assistance Entry. Based on the long-standing obligation of mariners to aid those in peril on the sea, the right of assistance entry gives limited permission to enter into the territorial sea to render assistance to those in danger. The location of the persons in danger must be reasonably well known. The right does not permit a search. Aircraft may be used to render assistance, though this right is not as well recognized as that for ships rendering assistance. See CJCSI 2410.01A for further guidance on the exercise of the right of assistance entry (available on the Internet at http://www.dtic.mil/doctrine/jel/cjcsd/cjcsi/2410_01a.pdf).