World Library  
Flag as Inappropriate
Email this Article

Transit passage

Article Id: WHEBN0023258412
Reproduction Date:

Title: Transit passage  
Author: World Heritage Encyclopedia
Language: English
Subject: Strait of Hormuz, Strait, United Nations Convention on the Law of the Sea, Law of the sea, Corfu Channel case
Collection:
Publisher: World Heritage Encyclopedia
Publication
Date:
 

Transit passage

Transit passage is a concept of the Law of the Sea which allows a vessel or aircraft the freedom of navigation or overflight solely for the purpose of continuous and expeditious transit of a strait between one part of the high seas or exclusive economic zone and another. The requirement of continuous and expeditious transit does not preclude passage through the strait for the purpose of entering, leaving or returning from a state bordering the strait, subject to the conditions of entry to that state.

This navigation rule is codified in Part III of the United Nations Convention on the Law of the Sea.[1] Although not all countries have ratified the convention,[2] most countries, including the U.S.,[3] accept these customary navigation rules as codified in the Convention. This navigation rule took on more importance with UNCLOS III as that convention confirmed the widening of territorial waters from three to twelve nautical miles, causing more straits not to have a navigation passage between the territorial waters of the coastal nations.

Transit passage exists throughout the entire strait and not just the area overlapped by the territorial sea of the coastal nations. The ships and aircraft of all nations, including warships, auxiliaries, and military aircraft, enjoy the right of unimpeded transit passage in such straits and their approaches. Submarines are free to transit international straits submerged, since that is their normal mode of operation. The legal regime of transit passage exists in the most important straits for the international trade exchange and security (Strait of Gibraltar, Dover Strait, Strait of Hormuz, Bab-el-Mandeb, Strait of Malacca).[4]

Transit passage rights do not extend to any state's internal waters within a strait.[1]

See also

References

  1. ^ a b United Nations Convention on the Law of the Sea, Part III, Article 38
  2. ^ "Chronological lists of ratifications of, accessions and successions to the Convention and the related Agreements as at 3 June 2011". Division for Ocean Affairs and the Law of the Sea. UN. Retrieved 2 January 2011. 
  3. ^  
  4. ^ (Polish with English abstract) D.R. Bugajski, Prawa żeglugowe okrętu w świetle prawa międzynarodowego/Navigational Rights of Warships in the Light of International Law/, Wydawnictwo Naukowe Scholar, Warsaw 2009, pp. 380, ISBN 978-83-7383-351-7.
This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and USA.gov, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for USA.gov and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
 
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
 
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.
 



Copyright © World Library Foundation. All rights reserved. eBooks from World eBook Library are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.