Transit passage
Encyclopedia
Transit passage is a concept in Law of the Sea
which allows for a vessel and aircraft in accordance with United Nations Convention on the Law of the Sea
(Part III) of the freedom of navigation and overflight solely for the purpose of continuous and expeditious transit of the strait
between one part of the high seas or an exclusive economic zone
and another part of the high seas or an exclusive economic zone. However, the requirement of continuous and expeditious transit does not preclude passage through the strait for the purpose of entering, leaving or returning from a state bordering the strait, subject to the conditions of entry to that state.
Transit passage exists throughout the entire strait and not just the area overlapped by the territorial sea of the coastal nations. The ships and aircraft of all nations, including warships, auxiliaries, and military aircraft, enjoy the right of unimpeded transit passage such straits and their approaches. The submarines are free to transit international straits submerged, since that is their normal mode of operation. The legal regime of transit passage exists in the most important straits for the international trade exchange and security (Strait of Gibraltar
, Dover Strait, Strait of Hormuz
, Bab-el-Mandeb
, Strait of Malacca
).
Law of the sea
Law of the sea may refer to:* United Nations Convention on the Law of the Sea* Admiralty law* The Custom of the Sea...
which allows for a vessel and aircraft in accordance with United Nations Convention on the Law of the Sea
United Nations Convention on the Law of the Sea
The United Nations Convention on the Law of the Sea , also called the Law of the Sea Convention or the Law of the Sea treaty, is the international agreement that resulted from the third United Nations Conference on the Law of the Sea , which took place from 1973 through 1982...
(Part III) of the freedom of navigation and overflight solely for the purpose of continuous and expeditious transit of the strait
Strait
A strait or straits is a narrow, typically navigable channel of water that connects two larger, navigable bodies of water. It most commonly refers to a channel of water that lies between two land masses, but it may also refer to a navigable channel through a body of water that is otherwise not...
between one part of the high seas or an exclusive economic zone
Exclusive Economic Zone
Under the law of the sea, an exclusive economic zone is a seazone over which a state has special rights over the exploration and use of marine resources, including production of energy from water and wind. It stretches from the seaward edge of the state's territorial sea out to 200 nautical...
and another part of the high seas or an exclusive economic zone. However, the requirement of continuous and expeditious transit does not preclude passage through the strait for the purpose of entering, leaving or returning from a state bordering the strait, subject to the conditions of entry to that state.
Transit passage exists throughout the entire strait and not just the area overlapped by the territorial sea of the coastal nations. The ships and aircraft of all nations, including warships, auxiliaries, and military aircraft, enjoy the right of unimpeded transit passage such straits and their approaches. The submarines are free to transit international straits submerged, since that is their normal mode of operation. The legal regime of transit passage exists in the most important straits for the international trade exchange and security (Strait of Gibraltar
Strait of Gibraltar
The Strait of Gibraltar is a narrow strait that connects the Atlantic Ocean to the Mediterranean Sea and separates Spain in Europe from Morocco in Africa. The name comes from Gibraltar, which in turn originates from the Arabic Jebel Tariq , albeit the Arab name for the Strait is Bab el-Zakat or...
, Dover Strait, Strait of Hormuz
Strait of Hormuz
The Strait of Hormuz is a narrow, strategically important waterway between the Gulf of Oman in the southeast and the Persian Gulf. On the north coast is Iran and on the south coast is the United Arab Emirates and Musandam, an exclave of Oman....
, Bab-el-Mandeb
Bab-el-Mandeb
The Bab-el-Mandeb meaning "Gate of Grief" in Arabic , is a strait located between Yemen on the Arabian Peninsula, Djibouti and Eritrea, north of Somalia, in the Horn of Africa, and connecting the Red Sea to the Gulf of Aden...
, Strait of Malacca
Strait of Malacca
The Strait of Malacca is a narrow, stretch of water between the Malay Peninsula and the Indonesian island of Sumatra. It is named after the Malacca Sultanate that ruled over the archipelago between 1414 to 1511.-Extent:...
).