Скачать или смотреть Lesson 3: The Law of the Sea - Understanding Maritime Zones

When is passage “innocent”?

Under Article 19, passage is innocent so long as it is not prejudicial to the peace, good order, or security of the coastal state.

Passage becomes non-innocent if a ship engages in activities such as:

Threat or use of force against the coastal state

Weapons exercises or intelligence gathering

Launching or taking on board aircraft or military devices

Acts of propaganda, fishing, pollution, or research without consent

Any activity not directly related to passage

Coastal State Rights and Duties

The coastal state may adopt laws regulating innocent passage (Article 21), e.g.:

Safety of navigation

Protection of navigational aids

Conservation of living resources

Prevention of pollution

Immigration, customs, and sanitation control

The coastal state cannot impede innocent passage except as allowed under the Convention.

Under Article 25, the coastal state may take steps to prevent non-innocent passage or temporarily suspend innocent passage in specific areas for security reasons (with prior notice).

Special Rules for Warships

Warships also enjoy the right of innocent passage (Article 30), but if they do not comply with coastal state regulations after being warned, the coastal state may require them to leave the territorial sea immediately.

Key Articles of UNCLOS on Innocent Passage

Article 17 – Right of innocent passage

Article 18 – Meaning of passage

Article 19 – Meaning of innocent passage

Article 20 – Submarines and underwater vehicles (must navigate on the surface and show their flag)

Article 21–25 – Coastal state laws, rights, and enforcement

Article 30 – Non-compliance by warships



🌊 1. High Seas (Legal Term under UNCLOS)
Definition:

Under Article 86 of UNCLOS, the high seas are:

“All parts of the sea that are not included in the exclusive economic zone (EEZ), the territorial sea, the internal waters, or the archipelagic waters of a State.”

In short, high seas = areas beyond national jurisdiction — beyond 200 nautical miles from any coastal state’s baseline.

Key Features:

No country owns the high seas.

Freedom of the high seas (Article 87):

Freedom of navigation

Freedom of overflight

Freedom to lay submarine cables and pipelines

Freedom of fishing (with conservation duties)

Freedom of scientific research

Governed by international law, not any one country.

Ships on the high seas are subject only to the jurisdiction of their flag state, except for specific cases (e.g., piracy, slavery, unauthorized broadcasting, etc.).

🌍 2. International Waters (General or Informal Term)
Definition:

“International waters” is not an official term in UNCLOS — it’s a layman’s or media term referring to any part of the ocean not under full sovereignty of any one nation.

So, “international waters” can include several zones under UNCLOS: