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Understanding Innocent and Transit Passage

The right of innocent passage for foreign vessels within the territorial sea of a coastal State is defined as "navigation through the territorial sea for (a) traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters, or (b) proceeding to or from internal waters or a call at such roadstead or port facility." The passage must be "continuous and expeditious," but it may include stopping and anchoring when incidental to ordinary navigation or rendered necessary by unusual circumstances.[1] Article 19 of the Law of the Sea Convention of 1982 (herein after; LOSC) declares that passage is "innocent" so long as it is not prejudicial to th

© 2016 by Journal of Territorial and Maritime Studies.

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