Page 89 - NAVAL SCIENCE 3 TEXTBOOK

94 NAVAL KNOWLEDGE

According to international
law, innocent passage of a
territorial sea requires that
a submarine be surfaced
and that an aircraft request
overflight permission in
advance of the transit, unless
a specific bilateral treaty
between the countries in-
volved is in effect.

sage through in!el'll<1tional straits may prevent the passage of war- seas in the categor), of territorial seas. The United States has mail1-
ships, thus increasing the reaction time in wh ich such naval units ttlined that tmnsil of such straits. which include Gibraltar and
could be deployed to specific troubled areas. Timely mO\'ement Malacca, "should be regarded in law for what it is in fact: an inher-
of nilval forces mny be necessary for self-defense, to defend allies, ent tlnd inseparable adjunct of the freedoms of navigation and
or to maintain politkal stability. It is clear that these requiremcnts overflight on the high seas themselves."
would best be served by international agreement on the narrowest fllI/occnt passage is the right of vessels of one nation to navigtlte
possible territorial sea. peacefully through the territorial waters of another IltltiOIl. The
Second, legal developments might increase the vulnerability of prevaililig interpretation of the law of the setl is that wi.\]'ships have
nilval vessels to surveillance. For example. by requiring warships to the right of inllocent passage through international straits that fall
usc only designnted sea Innes, surveillnllce by enemy forces could within the 12-mile territorial sea of a littoral country. Although no
be made much easier. Aerial reconnaissnllce, coast watchers, ilnd adVtlllCe notification or tluthorization is normally required under
electronic sensors all could be cOl1centmted on the narrowed sea internatiOl1<lllaw, some states do require such llotiflcntioll unless
lanes defined b)' such law. In the case of many straits with sea lanes a bilateral treaty has provided otherwisc. The passage, to be inno-
wide enough to allo\\' submerged submarine tmnsit, future sub- cent, must be merely trnnsit without entrance to inland waters,
merged passage might be prohibited, since "innocent passage" in a tlnd it must not be prejudicial to the peace. good order, or secmity
territorial sea ma)' not be made while submerged. of the coastal state. A ship may stop and anchor, if these actions are
Third, naval vessels mn)' sufier increased vulnertlbility to inter- necessar), for safe navigation.
diction. If the narrow setl lane were in tl strait, mining of that tlrea The littoral (coastal) sttlte must not hinder innocent ptlssage.
or attack by enemy naval and air forces would be Illuch simpler It mus! observe the principle of freedom of comlllunication tlnct
than if a brotld sea area were involved. prevcnt tlcts in its territorial setl !hilt are prej udicial to the rights
Fourth, legal developments might impose limittltions on of other countries. It also must give adequtlte publicity to known
ocetlilographic and intelligence-gathering activities within the dangers to lltlvigi.ltion in its territorial sca. It can, however, protect
200-mile offshore zones. For extll11ple, if authorization is given to itself from acts harmful to its security and may require thilt cus-
regulate scientific research vessels within the 200-mile economic toms ilnd health inspectors board the ship prior to its ent!')' into
resource zones, naval oceanographic research might be se\'erely internal waters, if that is the ship's intention.
restricted or prohibited therein. Foreign ships in passage through territorial setlS must COI11-
pi)' with the laws tlnd regulations of the coastal state, as well as the
rules of internationtll law. In particular, such ships must observe
Territorial Seas rules concerning

The inCl'ease of sovereign territorial sea jurisdictioll to 12 miles in
The stlfcty of trafi1c and protection of channels and buoys
1978 placed over a hundred straits previousl)' navigable as high
Pollution of the waters