Book page 28-29

 PASSAGE THROUGH THE TERRITORIAL SEA
Section: Part II, Articles 2-33

 This chapter deals with the question as to what extent the sovereignty[1] of a coastal state in its territorial sea may be restricted or set aside to permit unhindered passage of foreign vessels through this zone.
Figure enlarable (see also below)

In its attempt to find an acceptable solution to the conflict of interests inherent in this question, the Convention uses the concept of innocent passage[2]. The term "innocent passage" is vaguely described rather than precisely defined. Transitory navigation through the territorial sea -passage[3] - must not be prejudicial to the peace, good order or security of the coastal state[4]. A catalogue of activities[5] can be used as a guide in determing whether passage is innocent or not. With the exception of a general clause which reads, "any other activity not having a direct bearing on passage",[6] the clauses cover activities which pose a serious and unacceptable threat to the coastal state (e.g., practice with weapons, wilful and serious pollution). The general clause must be read with this in mind and applied only in the case of a threat which, while not specifically listed, would be of a weight equal to that of the activities given. In addition, the general term "innocent passage" must be interpreted and applied in the light of national law which has been implemented by the coastal state. Every coastal state can adopt laws regarding the safety of navigation, laying of submarine cables, resources, fishing, environmental protection, scientific research, prevention of infringement of customs, fiscal, immigration, or sanitary laws[7] and prevention of pollution[8] as well as implement sea lanes and traffic separation schemes[9] or suspend temporarily the right of innocent passage in specified areas of its territorial sea[10], subject only to the restriction that any such measures must be in conformity with the Convention and international law relating to "innocent passage"[11]. The sovereignty of the coastal state in establishing law is also limited to the extent that the imposed requirements may not have the practical effect of hampering, denying, or impairing the right of innocent passage[12] or discriminate against the ships of any state or against ship's carrying cargoes to, from, or on behalf of any state[13].  

[1] Art. 2 ,  [2] Art. 17; Part II, Sec. 3 ,    [3] Art. 18 ,     [4] Art. 19, Para . 1,    [5] Art. 19, Subpara. 2 (a-1) ,    [6] Art. 19, Subpara. 2 (1) ,    [7] Art. 21 ,

[8] Ibid; Art. 211, Para . 4 ,    [9] Art. 22 ,    [10] Art. 25, Para.3 ,     [11] Art. 21, Para 1 ,   [12] Art. 24, Subpara. 1 (a) ,    [13] Art. 24, Subpara. 1 (b) ,     [14] Art. 18, Para . 1 , [15] Art. 18, Para . 2 ,

[16] Art. 18, Para 2 ,     [17] Art. 27 Subpara. 1(a-b) (Art. 27, Para. 5; Art. 73; Art. 220)      [18] Art. 27, Subpara. 1 (d) ,       [19] Art. 27, Subpara. 1 (c) ,     [20] Art. 27, Para.2; Art. 28, Para . 3;     [21] Ibid ,     [22] Art. 111

Furthermore, the concept of innocent passage does not apply to ships which are only present in the territorial sea, however innocent such presence might be. As the term itself states, the foreign vessel must be in passage, i.e., in transit through the territorial sea between any two points not in this zone[14] and the passage must be continuous and expeditious[15] a condition which does not, however, exclude stops for navigational purposes and other acceptable reasons[16]. Even if these conditions have been fulfilled, there remain exceptions to the right of innocent passage with respect to criminal and civil jurisdiction of the coastal state on foreign vessels, which can be summarized as follows: a coastal state may not exercise its jurisdiction on board a foreign vessel unless there is a serious threat to the coastal state[17], measures for the suppression of drug traffic are necessary[18], requests for aid have been made[19], or there is a particular situation in which the vessel has left the internal waters of the coastal state[20] and is still in the territorial sea and action by the coastal state is warranted[21].  If the vessel cannot be stopped in the territorial sea, further action may be taken in accordance with the provisions for hot pursuit[22]  

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