Innocent passage, transit passage and archipelagic sea lanes
1The lesson in plain words
In the territorial sea, you have innocent passage. Transit passage in qualifying straits and archipelagic sea lanes passage cannot be suspended.
Innocent passage
Ships of all states enjoy the right of innocent passage through the territorial sea (article 17). Passage means navigation that is continuous and expeditious: keep moving and proceed without unnecessary delay (article 18). You may stop and anchor only when this is incidental to ordinary navigation, forced by distress or weather, or needed to help people, ships or aircraft in danger. Passage may cross the territorial sea, or lead into or out of internal waters.
When passage is not innocent
Passage is innocent as long as it does not harm the peace, good order or security of the coastal state (article 19). The convention lists activities that make it non-innocent. Examples are weapons practice, spying, launching aircraft, loading or unloading goods or people against customs or immigration law, wilful and serious pollution, fishing, survey work and jamming communications. Submarines must navigate on the surface and show their flag (article 20).
What the coastal state may do
The coastal state may make laws on safety of navigation, protection of cables, fisheries and pollution (article 21). You must obey them and COLREG. It may require ships to use sea lanes and traffic separation schemes (TSS), especially tankers and ships carrying nuclear or dangerous cargoes (article 22). It may temporarily suspend innocent passage in specified areas when essential for security, without discrimination, after publication. It may not charge you for passage, only for services.
Transit passage
In qualifying straits used for international navigation, linking high seas or EEZs, ships and aircraft have transit passage (articles 37–44). Some straits have different regimes, including certain island–mainland straits and those governed by longstanding treaties. Transit passage allows continuous, expeditious transit in normal mode; submarines may stay submerged. You must proceed without delay, follow COLREG and pollution rules, and use IMO-adopted lanes and schemes. Transit passage cannot be suspended (article 44).
Archipelagic sea lanes
An archipelagic state, such as Indonesia, may enclose islands with baselines. Inside are archipelagic waters. Archipelagic sea lanes passage permits continuous, expeditious transit in normal mode and cannot be suspended. Without designated lanes, it applies through routes normally used for international navigation. In designated lanes, stay within 25 NM of the axis and no closer to shore than 10% of the distance between the nearest points on islands bordering the lane. Innocent passage also applies in archipelagic waters, subject to the convention.
2Key data
- Innocent passage
- Territorial sea; continuous and expeditious; can be suspended
- Submarines
- Surfaced and showing the flag (art. 20)
- Transit passage
- Qualifying international straits; cannot be suspended (art. 44)
- Archipelagic sea lane
- Within 25 NM of axis; also observe the 10% coastal-clearance rule
- Passage charges
- None for passage; only for services rendered
3Key points
- 1
Innocent passage must be continuous and expeditious; stop only for navigation, distress or rescue.
- 2
Article 19 lists non-innocent activities, including wilful and serious pollution, fishing and survey work.
- 3
The coastal state may require sea lanes and TSS and may suspend passage temporarily.
- 4
Transit passage in straits and archipelagic sea lanes passage cannot be suspended.
4Frequent mistakes
Wrong: Innocent passage lets you drift for hours off the coast waiting for orders.
Right: Passage must be continuous and expeditious. Waiting for orders is not a reason to stop or drift in the territorial sea.
Wrong: A coastal state can close an international strait whenever it wishes.
Right: Transit passage cannot be suspended. Innocent passage may be suspended temporarily in specified territorial-sea or archipelagic-water areas when essential for security, without discrimination, after publication.
Wrong: Coastal state laws may impose their own design and equipment rules on passing ships.
Right: Laws on design, construction, manning or equipment must follow generally accepted international rules (article 21(2)).
5Practice case & exam keys
Your ship arrives early off a port. The charterer asks you to drift for 36 hours, 6 NM off the coast, rather than going to the anchorage. The coast has no published waiting area. What do you advise the master?
Show the answer
Drifting for hours inside the 12 NM territorial sea is not passage. It is neither continuous nor incidental to ordinary navigation. Advise the master to wait outside the territorial sea, or use the official anchorage with the port's permission. Inform the charterer of the reason in writing. Remember that drifting near the coast also raises collision and grounding risks.
Exam keys
- Innocent passage: articles 17–19; continuous and expeditious; activities listed in article 19.
- Submarines surfaced and showing their flag; sea lanes and TSS (article 22).
- Transit passage in straits (articles 37–44): cannot be suspended.
- Article 53: designated or normal routes; 25 NM axis deviation and 10% coastal-clearance rule.
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