Legal Definitions - innocent passage

Innocent passage is a fundamental principle in international law that grants foreign ships the right to navigate through another country's territorial waters without seeking prior permission or paying fees. This right is recognized under the United Nations Convention on the Law of the Sea (UNCLOS).

For a passage to be considered "innocent," it must not threaten the peace, good order, or security of the coastal nation. This means the vessel must simply be transiting through the waters, not engaging in activities like fishing, research, military exercises, or collecting information that could harm the coastal state. The ship must also comply with the coastal state's laws and regulations regarding navigation and maritime safety.

Here are some examples illustrating innocent passage:

• Commercial Cargo Ship: A large container ship, registered in Liberia, is traveling from a port in Singapore to a port in the Netherlands. To shorten its route, it needs to cross through the territorial waters of a coastal North African nation. As long as the container ship maintains a continuous and expeditious transit, adheres to all navigation rules, and does not stop, conduct unauthorized activities (like dumping waste or launching drones), or pose any threat to the coastal nation's security, its journey through those territorial waters is considered innocent passage. The coastal nation cannot demand a toll or deny passage.

• Private Pleasure Yacht: A private yacht, owned by a citizen of Canada, is sailing from a vacation destination in the Caribbean to another in South America. Its planned route involves passing through a narrow strait that falls within the territorial waters of a small island nation. The yacht's transit through the island nation's territorial waters would be an innocent passage, provided it maintains a steady course, does not stop unnecessarily (e.g., for unauthorized anchoring or fishing), and does not engage in any activities that could be seen as a threat or disturbance to the island nation. If the yacht were to suddenly deviate from its course to approach a restricted military zone or attempt to offload undeclared goods, its passage would no longer be innocent.

• Non-Military Government Vessel: A government-owned vessel, flying the flag of Country A, is transporting humanitarian aid supplies from one international port to another. Its most direct path takes it through the territorial waters of Country B. If the vessel simply navigates through Country B's waters without deploying any equipment, conducting surveys, or engaging in any activities other than transit, it is exercising innocent passage. However, if it were to stop and begin conducting unauthorized hydrographic surveys or intelligence gathering within Country B's waters, its passage would cease to be innocent, as such activities could be considered prejudicial to Country B's security or economic interests.