Right of passage

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Right of passage, in international law, means (approximately) a country's right for its ships to pass through the territorial seas of foreign states and straits used for international navigation. [1]

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Freedom of navigation (FON) is a principle of customary international law that ships flying the flag of any sovereign state shall not suffer interference from other states, apart from the exceptions provided for in international law. In the realm of international law, it has been defined as “freedom of movement for vessels, freedom to enter ports and to make use of plant and docks, to load and unload goods and to transport goods and passengers". This right is now also codified as Article 87(1)a of the 1982 United Nations Convention on the Law of the Sea. Not all UN member states have ratified the convention; notably, the United States has not signed nor ratified the convention. However, the § United States enforces the practice; see below.

Innocent passage is a concept in the law of the sea that allows for a vessel to pass through the archipelagic and territorial waters of another state, subject to certain restrictions. The United Nations Convention on the Law of the Sea Article 19 defines innocent passage as:

  1. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with this Convention and with other rules of international law.
  2. Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the coastal State if in the territorial sea it engages in any of the following activities:

Canadian Internal Waters is a Canadian term for the waters "on the landward side of the baselines of the territorial sea of Canada."

Internal waters

According to the United Nations Convention on the Law of the Sea, a nation's internal waters include waters on the side of the baseline of a nation's territorial waters that is facing toward the land, except in archipelagic states. It includes waterways such as rivers and canals, and sometimes the water within small bays.

Transit passage is a concept of the law of the sea, which allows a vessel or aircraft the freedom of navigation or overflight solely for the purpose of continuous and expeditious transit of a strait between one part of the high seas or exclusive economic zone and another. 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.

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The Black Sea bumping incident of 12 February 1988 occurred when American cruiser USS Yorktown tried to exercise the right of innocent passage through Soviet territorial waters in the Black Sea during the Cold War. The cruiser was bumped by the Soviet frigate Bezzavetny with the intention of pushing Yorktown into international waters. This incident also involved the destroyer USS Caron, sailing in company with USS Yorktown and claiming the right of innocent passage, which was intentionally shouldered by a Soviet Mirka-class frigate SKR-6. Yorktown reported minor damage to its hull, with no holing or risk of flooding. Caron was undamaged.

1986 Black Sea incident Ship incident in the Black Sea

On March 13, 1986, the American cruiser USS Yorktown and the destroyer USS Caron, claiming the right of innocent passage, entered Soviet territorial waters in the Black Sea near the southern Crimean Peninsula. The warships passed within six miles of the Soviet coast, where they were soon confronted by the Soviet frigate Ladny. The commander of Ladny notified the U.S. warships that they had violated Soviet territorial waters and requested that they depart immediately. The U.S. warships confirmed receipt of the warning but did not change course. The Soviet command placed its Black Sea air and naval forces on combat readiness and dispatched border guard vessels and naval aircraft to intercept the U.S. warships.

The Women's Joint Congressional Committee was an American coalition of existing women's rights organizations formed after women gained the right to vote in 1920, with the aim of coordinating lobbying around women's issues at the national level.

The covered passages of Paris are an early form of shopping arcade built in Paris, France primarily during the first half of the 19th century. By the 1850s there were approximately 150 covered passages in Paris but this decreased greatly as a result of Haussmann's renovation of Paris. Only a couple of dozen passages remain in the 21st century, all on the Right Bank. The common characteristics of the covered passages are that they are: pedestrianised; glass-ceilings; artificially illuminated at night ; privately owned; highly ornamented and decorated; lined with small shops on the ground floor; connecting two streets. Originally, to keep the passages clean, each would have an artiste de décrottage at the entrance to clean the shoes of visitors.

References

  1. Florian H. Th. Wegelein (February 1999). "Innocent Passage". Seerecht.org.