Innocent Passage
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Innocent Passage
Innocent passage is a concept in the law of the sea that allows for a vessel to pass through the archipelagic and territorial waters of another state, subject to certain restrictions. The United Nations Convention on the Law of the Sea Article 19 defines innocent passage as: Innocent passage concedes the coastal country's territorial sea claim, unlike freedom of navigation, which directly contests it. The law was codified in 1958 and affirmed in 1982. See also * 1986 Black Sea incident * 1988 Black Sea bumping incident * Corfu Channel incident * Right of passage * Transit passage References External links UN Convention on the Law of the Sea, Part II Section 3 defines "innocent passage" * Spadi, F. (2001),The Bridge on the Strait of Messina: 'Lowering' the Right of Innocent Passage?, ''International and Comparative Law Quarterly The ''International & Comparative Law Quarterly'' is a law review published quarterly by thBritish Institute of International and Comparative La ...
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Territorial Waters
The term territorial waters is sometimes used informally to refer to any area of water over which a sovereign state has jurisdiction, including internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, and potentially the extended continental shelf. In a narrower sense, the term is used as a synonym for the territorial sea. Baseline Normally, the baseline from which the territorial sea is measured is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal state. This is either the low-water mark closest to the shore, or alternatively it may be an unlimited distance from permanently exposed land, provided that some portion of elevations exposed at low tide but covered at high tide (like mud flats) is within of permanently exposed land. Straight baselines can alternatively be defined connecting fringing islands along a coast, across the mouths of rivers, or with certain restrictions across the mou ...
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United Nations Convention On The Law Of The Sea
The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. , 167 countries and the European Union are parties. The Convention resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place between 1973 and 1982. UNCLOS replaced the four treaties of the 1958 Convention on the High Seas. UNCLOS came into force in 1994, a year after Guyana became the 60th nation to ratify the treaty. It is uncertain as to what extent the Convention codifies customary international law. While the Secretary-General of the United Nations receives instruments of ratification and accession and the UN provides support for meetings of states party to the Convention, the United Nations Secretariat has no direct operational role in the implementation of the Convention. A UN specialized agenc ...
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Freedom Of Navigation
Freedom of navigation (FON) is a principle of law of the sea that ships flying the flag of any sovereign state shall not suffer interference from other states, apart from the exceptions provided for in international law. In the realm of international law, it has been defined as “freedom of movement for vessels, freedom to enter ports and to make use of plant and docks, to load and unload goods and to transport goods and passengers". This right is now also codified as Article 87(1)a of the 1982 United Nations Convention on the Law of the Sea. Not all UN member states have ratified the convention; notably, the United States has not signed nor ratified the convention. However, the enforces the practice; see below. History Development as a legal concept Freedom of navigation as a legal and normative concept has developed only relatively recently. Until the early modern period, international maritime law was governed by customs that differed across countries’ legal systems a ...
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1986 Black Sea Incident
On March 13, 1986, the American cruiser and the destroyer , claiming the right of innocent passage, entered Soviet territorial waters in the Black Sea near the southern Crimean Peninsula. The warships passed within six miles of the Soviet coast, where they were soon confronted by the Soviet frigate . The commander of ''Ladny'' notified the U.S. warships that they had violated Soviet territorial waters and requested that they depart immediately. The U.S. warships confirmed receipt of the warning but did not change course. The Soviet command placed its Black Sea air and naval forces on combat readiness and dispatched border guard vessels and naval aircraft to intercept the U.S. warships. ''Yorktown'' and ''Caron'' stayed in Soviet territorial waters for roughly two hours. The situation de-escalated when the U.S. ships left; diplomatic repercussions continued for several weeks. Background "The Rules of Navigation and Sojourn of Foreign Warships in the Territorial Waters and Int ...
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1988 Black Sea Bumping Incident
The Black Sea bumping incident of 12 February 1988 occurred when American cruiser tried to exercise the right of innocent passage through Soviet territorial waters in the Black Sea during the Cold War. The cruiser was bumped by the Soviet frigate '' Bezzavetny'' with the intention of pushing ''Yorktown'' into international waters. This incident also involved the destroyer , sailing in company with USS ''Yorktown'' and claiming the right of innocent passage, which was intentionally shouldered by a Soviet ''SKR-6''. ''Yorktown'' reported minor damage to its hull, with no holing or risk of flooding. ''Caron'' was undamaged. At the time, the Soviet Union recognized the right of innocent passage for warships in its territorial waters solely in designated sea lanes. The United States believed that there was no legal basis for a coastal nation to limit warship transits to sea lanes only. Subsequently, the U.S. Department of State found that the Russian-language text of the United Nat ...
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Corfu Channel Incident
The Corfu Channel Incident consists of three separate events involving Royal Navy ships in the Channel of Corfu which took place in 1946, and it is considered an early episode of the Cold War.Times Online
Obituary: Lieutenant-Commander Hugh Knollys Navigator who won a on and survived when his destroyer hit a mine in the postwar Corfu Channel incident.
During the first incident, Royal Navy ships came under fire from Albanian fortifications. The second incident in ...
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Right Of Passage
Right of passage, in international law, means (approximately) a country's right for its ships to pass through the territorial seas of foreign states and straits used for international navigation Navigation is a field of study that focuses on the process of monitoring and controlling the movement of a craft or vehicle from one place to another.Bowditch, 2003:799. The field of navigation includes four general categories: land navigation, ....Florian H. Th. Wegelein (February 1999)"Innocent Passage" Seerecht.org. References International law {{international-law-stub ...
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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.United Nations Convention on the Law of the Sea
Part III, Article 38
Although not all countries have ratified the convention, most countries ...
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International And Comparative Law Quarterly
The ''International & Comparative Law Quarterly'' is a law review published quarterly by thBritish Institute of International and Comparative Law It was established in 1952 and covers comparative law as well as public and private international law, including human rights, war crimes, and genocide, World Trade Organization law and investment treaty arbitration, recent developments of international courts and tribunals, as well as comparative public and private law all over the world. In addition to longer articles, the journal publishes book reviews. The editor-in-chief is Malcolm Evans (University of Bristol) and the Managing Editor iAnthony Wenton(British Institute of International and Comparative Law). This journal is the result of the merger of the ''Journal of Comparative Legislation and International Law'' and ''The International Law Quarterly''.
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