Right of peaceful passage

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The right of peaceful passage is the law applicable to merchant ships as well as warships to peacefully navigate the territorial sea or the archipelago waters of a foreign state. It has few restrictions. However, the definition of shipping lanes and traffic separation areas remains reserved for the coastal state. In addition, there are further obligations of the person passing through. Underwater vehicles must have surfaced and driven with flags. Special conditions apply to straits, where, under certain circumstances, the more extensive right of transit passage applies or internal waters may be crossed. In contrast to the usual territorial sea, the right of peaceful passage must not be restricted temporarily here.

The concept of the free use of the seas by ships of all states, often subsumed under the catchphrase “freedom of the seas”, was first mentioned by Hugo Grotius in 1609 as a recognized principle of international law. He published the treatise Mare Librum on this . The right of peaceful passage in coastal areas - referred to in English as innocent passage - initially developed in common law parallel to the right of coastal states to claim sovereignty over the territorial sea , which goes back to Bynkershoek's De dominio maris dissertatio of 1702. In 1958 the right of peaceful passage was codified for the first time in the Convention on the Territorial Sea and the Adjacent Zone and in 1982 it was further developed in the United Nations Convention on the Law of the Sea and extended to the new Institute of Archipelago Waters.

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Individual evidence

  1. ↑ Peter B. Walter: What is innocent passage? In: Richard B. Lillich, John Norton Moore (eds.): Readings in International Law from the Naval War College Review 1947–1977. Volume 1: Role of International Law and an Evolving Ocean Law (= International Law Studies. 61, ZDB -ID 214793-2 ). Naval War College Press, Newport RI 1980, p. 366.