International Straits Navigation

Straits Used for International Navigation

• Passage through straits should not affect the legal status of the waters or the sovereignty/jurisdiction of bordering states.
• States bordering straits exercise sovereignty/jurisdiction subject to international law.

Scope of Part III

• Part III does not affect internal waters within a strait, except where straight baselines enclose waters not previously considered internal.
• It also does not affect the legal status of waters beyond territorial seas as exclusive economic zones or high seas.
• The legal regime in straits regulated by long-standing specific international conventions remains unaffected.

High Seas/Exclusive Economic Zone Routes

• When there's a route through high seas or an exclusive economic zone of similar convenience, Part III doesn't apply to straits used for international navigation.
• For these routes, relevant parts of the Convention, including freedoms of navigation and overflight, apply.

Transit Passage Scope

• This section applies to straits used for international navigation between one part of the high seas or an exclusive economic zone and another of either.

Right of Transit Passage

• All ships and aircraft have the unimpeded right of transit passage in straits referenced in Article 37.
• Exception: transit passage doesn't apply if a strait is formed by an island of a bordering State and its mainland, and a high seas/exclusive economic zone route of similar convenience exists seaward of the island.
• Transit passage is for continuous and expeditious transit of the strait between high seas/exclusive economic zones.
• Entering, leaving, or returning from a State bordering the strait is allowed, subject to entry conditions.
• Activities not related to transit passage remain subject to the Convention's provisions.

Duties During Transit Passage

• Ships and aircraft must proceed without delay through/over the strait.
• Refrain from any threat/use of force against bordering States' sovereignty, integrity, or independence.
• Refrain from activities not part of normal transit, unless due to force majeure or distress.
• Compliance with the Part's provisions is mandatory.
• Ships must comply with international safety and pollution regulations, procedures, and practices.
• Aircraft must observe ICAO (International Civil Aviation Organization) rules and safety measures, and monitor designated radio frequencies.

Research & Survey Restrictions

• Foreign ships, including research vessels, need prior authorization from bordering States to conduct research or surveys.

Sea Lanes and Traffic Separation

• States bordering straits can designate sea lanes and traffic separation schemes for safe passage.
• They can substitute these lanes/schemes, giving due publicity.
• Sea lanes/traffic separation schemes must conform to international regulations.
• Proposals must be referred to an international organization for adoption after States bordering straits agree.
• Cooperation among concerned States is required for straits with lanes/schemes through multiple States' waters.
• States must clearly indicate sea lanes/schemes on charts.
• Ships in transit passage must respect these established sea lanes/schemes.

Laws of States Bordering Straits

• States may adopt laws/regulations regarding navigation safety, maritime traffic, pollution control relating to oil, oily waste and noxious substances, fishing (including gear stowage), and customs/fiscal/immigration/sanitary regulations,
• Regulations must not discriminate against foreign ships or impair transit passage rights.
• States must publicize these laws/regulations.
• Foreign ships must comply with applicable laws and regulations.
• Flag States are internationally responsible for losses or damage resulting from violations of these regulations by ships or aircraft with sovereign immunity.

Navigation, Safety, and Pollution Cooperation

• User States and States bordering straits should cooperate to establish and maintain navigational aids and prevent/control pollution.

Duties of States

• States bordering straits must not obstruct transit passage.
• They must publicize any navigation or air passage dangers
• No transit passage suspension

Innocent Passage

• The regime of innocent passage (Part II, section 3) applies in straits used for international navigation under specific conditions.
• It applies when transit passage is excluded under article 38, paragraph 1, or between a part of the high seas/exclusive economic zone and the territorial sea of a foreign State.
• Innocent passage through such straits cannot be suspended.

Archipelagic States

• "Archipelagic State" means a State made up of one or more archipelagos, possibly including other islands.
• "Archipelago" means a group of islands and natural features so closely related they form an intrinsic geographic, economic, and political entity.

Archipelagic Baselines

• An archipelagic State can draw straight baselines connecting the outermost points of the outermost islands and reefs.
• Within the baselines the ratio of water area to land area must be between 1:1 and 9:1
• Baseline lengths cannot exceed 100 nautical miles, although 3% can extend up to 125 nautical miles.
• Baselines should not deviate significantly from the archipelago's general configuration.
• Baselines cannot be drawn to/from low-tide elevations unless lighthouses/similar installations exist or the elevation is within the breadth of the territorial sea of the nearest island.
• The baseline system must not cut off another State's territorial sea from the high seas.
• Neighboring States' existing rights and legitimate interests in archipelagic waters must be respected.
• In calculating the water-to-land ratio, land areas can include waters within fringing reefs or enclosed oceanic plateaus.
• Baselines must be shown on adequate-scale charts, or geographical coordinates can be substituted.
• The archipelagic State must publicize charts/coordinates and deposit copies with the UN Secretary-General.

Territorial Sea and Economic Zone Breadth

• The breadth of the territorial sea, contiguous zone, exclusive economic zone, and continental shelf are measured from archipelagic baselines.

Legal Status of Waters, Airspace, Bed, and Subsoil

• Archipelagic State sovereignty extends to waters enclosed by Article 47 baselines, known as archipelagic waters, regardless of depth or distance from the coast.
• This sovereignty extends to the airspace, bed, subsoil, and resources within those archipelagic waters.
• Archipelagic sea lanes passage shall not affect the status of the archipelagic waters.

Delimitation of Internal Waters

• Archipelagic States may draw closing lines for delimiting internal waters per articles 9, 10, and 11.

Agreements, Fishing Rights, Submarine Cables

• Archipelagic States must respect existing agreements with other States.
• Recognize traditional fishing rights and legitimate activities of adjacent neighboring States.
• The relevant States can regulate these rights/activities through bilateral agreements.
• These rights can't be transferred/shared with third parties or their nationals.
• Archipelagic States must respect and allow maintenance/replacement of existing submarine cables, after proper notice.

Right of Innocent Passage

• All States' ships have the right of innocent passage through archipelagic waters with accordance to the Section 3 of Part II
• Archipelagic States can temporarily suspend innocent passage in specific areas where essential to their security, following due publication.

Archipelagic Sea Lanes Passage

• Archipelagic States can designate sea lanes and air routes suitable for continuous/expeditious passage of foreign ships/aircraft through archipelagic waters and adjacent territorial sea.
• All ships/aircraft enjoy the right of archipelagic sea lanes passage in designated lanes/routes.
• Archipelagic sea lanes passage means exercising navigation/overflight rights solely for continuous, expeditious, and unobstructed transit between parts of the high seas or exclusive economic zones.
• Sea lanes/air routes must traverse archipelagic waters and include normal passage routes used for international navigation.
• Ships/aircraft can’t deviate more than 25 nautical miles from axis lines during passage.
• Cannot navigate closer than 10% of the distance between the nearest points on islands bordering the sea lanes.
• Archipelagic States can prescribe traffic separation schemes in narrow channels within sea lanes.
• The State can substitute sea lanes/traffic separation schemes, after providing public notice.
• Sea lanes/traffic schemes must conform to international regulations.
• Proposals must be referred to a competent international organization for adoption after agreement with the archipelagic state.
• The State must clearly indicate sea lanes and traffic schemes on charts.
• Ships engaged in archipelagic sea lanes passage will respect established sea lanes and traffic schemes.
• If sea lanes or air routes have not been designated, the right of archipelagic sea lanes passage can transpire through routes normally use by the international community.
• Articles 39, 40, 42, and 44 apply mutatis mutandis to archipelagic sea lanes passage.