Legal Definitions - right of transit passage

The right of transit passage is an internationally recognized legal principle that allows all ships and aircraft, regardless of their flag or purpose (commercial, military, etc.), to navigate through certain international straits. These straits, while often falling within the territorial waters and airspace of one or more coastal states, connect two areas of the high seas or exclusive economic zones.

This right ensures continuous and expeditious passage, meaning the transit must be swift and uninterrupted, and the vessels or aircraft must refrain from any activities unrelated to their passage. Coastal states bordering such straits cannot impede, hamper, or suspend this right, though they can enact non-discriminatory laws and regulations relating to navigation safety, pollution, and fishing, provided these do not effectively block or impair transit passage.

• Example 1: Commercial Shipping Through a Major Strait

  A large container ship, registered in Singapore, is transporting electronics from East Asia to Europe. Its most efficient route requires it to pass through the Strait of Malacca, a narrow waterway between Malaysia, Singapore, and Indonesia.

  This scenario illustrates the right of transit passage because, despite the Strait of Malacca being within the territorial waters of these coastal states, the Singaporean container ship has the legal right to pass through. Malaysia, Singapore, and Indonesia cannot legally block its passage, demand excessive fees solely for transit, or impose unreasonable regulations that would impede its continuous and expeditious journey, as long as the ship is simply passing through and not engaging in other activities like fishing or surveying without permission.

• Example 2: Military Vessel Transiting an International Strait

  A naval destroyer from the United States needs to move from the Mediterranean Sea to the Black Sea, and its route involves traversing the Turkish Straits (Dardanelles and Bosphorus).

  Under the right of transit passage, this military vessel is permitted to sail through the Turkish Straits without seeking prior permission from Turkey, provided its passage is continuous and expeditious, and it refrains from any activities that are not incidental to its transit (like conducting military exercises or intelligence gathering). Turkey, as the coastal state, cannot legally prevent the warship from exercising this right, even though the straits are entirely within its territorial waters.

• Example 3: Commercial Aircraft Overflight of a Strait

  A commercial airline flight from London to Dubai needs to cross the airspace above the Strait of Hormuz, which connects the Persian Gulf to the Arabian Sea and is bordered by Iran and Oman.

  This situation demonstrates the right of transit passage for aircraft. The airline flight enjoys this right through the airspace over the Strait of Hormuz. This means Iran and Oman cannot deny the aircraft passage, nor can they impose burdensome requirements that would effectively block or unduly delay the flight, as long as the aircraft is simply transiting the strait's airspace in a continuous and expeditious manner, adhering to international air navigation rules.