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Innocent Passage of a Vessel

The right of innocent passage for the foreign vessel is defined as


the navigation through territorial seas for purpose of trans versing
to the sea without the entry to internal waters and proceeding to
or from internal waters
This right is stated in articles 17-24 of the convention, Article 19 of the UNCLOS
declares that passage is “innocent” so long as it is not prejudicial to the peace, good
order, or security of the coastal State and further outlines a list of 12 activities that are
considered “prejudicial.” This list effectively excludes to military operations, (including
practicing or exercising weapons; collecting information to the prejudice of the coastal
State; launching, landing or taking on board any aircraft or military device; and
jamming coastal State communications. )

Submarines and underwater vehicles conducting innocent passage must navigate on


the surface and show their flag. It is important to note that the right of innocent
passage only applies to foreign vessels. 

As seen in your screens now, these are the rules and regulations relating to the said
right. (read slide)

1. The coastal State may adopt laws and regulations, in conformity with the provisions
of this Convention and other rules of international law, relating to innocent passage
through the territorial sea.

2. Laws and regulations shall not apply to the design, construction, manning or
equipment of foreign ships unless they are giving effect to generally accepted
international rules or standards.

3.The coastal State shall give due publicity to all such laws and regulations.

4.Foreign ships exercising the right of innocent passage through the territorial sea shall
comply with all such laws and regulations and all generally accepted international
regulations relating to the prevention of collisions at sea.
Contiguous Zone
As said by ms Aspan, Contiguous zone generally extends 12 nautical miles beyond
the territorial sea limit. (slide 7)

This zone is an area of sea contiguous to and extending seaward of the territorial sea, it exists
to sustain a State’s law enforcement capacity and prevent criminals from fleeing the
territorial sea. Within the contiguous zone, a State has the right to

number 1, prevent infringement of its customs, fiscal, immigration or sanitary laws and
regulations within its territory or territorial sea;

2.punish infringement of the above laws and regulations committed within its territory
or territorial sea.

3.Vessels which infringe these laws may be detained by the state within this zone.

4.Foreign vessels have a right to innocent passage.

Unlike the territorial sea, the contiguous zone only gives jurisdiction to a State on the
ocean’s surface and floor.

Exclusive Economic Zone

It is the Zone 200 nautical miles from the baselines from which the breadth of the territorial sea is

measured.

The rights therein of the coastal state is to explore and exploit, conserve, and manage the natural resources,

whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and

regarding other activities for the economic exploitation and exploration of the zone, such as the production

of energy from the water, currents and winds

Continental Shelf
On the other hand lets the state exercise its sovereign rights for the purpose of
exploring it and exploiting its natural resources.
2. If the coastal State does not explore the continental shelf or exploit its natural
resources, no one may undertake these activities without the express consent of
the coastal State.
3. The rights of the coastal State over the continental shelf do not depend on
occupation, effective or notional, or on any express proclamation.
4. All states are entitled to lay Submarine Cables and pipelines on the continental
shelf.

Piracy as per UNCLOS


Stated in Part VII of the UNCLOS Articles 101-107
Piracy is defined as any illegal acts of violence or detention, or any act of depredation
committed for private ends by the crew or the passengers of a private ship or a private
aircraft

Whether it is on the high seas, against another ship or aircraft, or against persons or
property on board such ship or aircraft; or against a ship, aircraft, persons or property
in a place outside the jurisdiction of any State;

any act of voluntary participation in the operation of a ship or of an aircraft with


knowledge of facts making it a pirate ship or aircraft; or the facilitation or inciting of
the act would still be considered as piracy.

When apprehending the pirated ship on the high seas, or in any other place outside the
jurisdiction of any State As stated in Article 105 the courts of the State which carried
out the seizure may decide upon the penalties to be imposed, and may also determine
the action to be taken with regard to the ships, aircraft or property, subject to the rights
of third parties acting in good faith.

In connection to article 107 the Ships and aircraft which are entitled to seize on
account of piracy may be carried out only by warships or military aircraft, or other
ships or aircraft clearly marked and identifiable as being on government service and
authorized to that effect.
RIGHT TO HOT PURSUIT
The Right to hot pursuit was seen in Article 23 in the Convention on the High Seas in 1958 and was
carried over to Article 3 of the UNCLOS in 1982 containing just and proper implementation of the right
to hot pursuit along with its procedural requirements.

Hot pursuit defines is the interference with a foreign vessel on the high seas after a pursuit was
commence lawfully within the coastal state.

Going back to the presentation as indicated in number 1.

The hot pursuit of a foreign ship may be undertaken when the competent authorities of the coastal
State have good reason to believe that the ship has violated the laws and regulations of that State.

In this statement 2 requirements of exercising hot pursuit is mentioned:

“the ship has violated the laws and regulations of that State.” Clearly says a violation against the state
should have occurred,”

“competent authorities of the coastal State have good reason to believe” these means that mere
suspicion of a crime being committed is not enough to instigate that a vessel is indeed in violation of a
law.

Number 2:

The right of hot pursuit shall apply mutatis mutandis to violations in the exclusive economic zone or on
the continental shelf, including safety zones around continental shelf installations, of the laws and
regulations of the coastal State applicable in accordance with this Convention to the exclusive economic
zone or the continental shelf, including such safety zones.

This emphasizes mutatis mutandis, meaning changes takes place, in regards to hot pursuit when a vessel
enters another state’s sovereign they shall also adapt to the laws of the state they are in.

Number 3:

The right of hot pursuit ceases as soon as the ship pursued enters the territorial sea of its own State or
of a third State.
I think this us understandable to all that when a vessel leaves the sovereign sea of a state the right to
hot pursuit now ends as the state has no jurisdiction over it.

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