The legal regime for innocent passage in the territorial sea according to the United Nations Convention on the Law of the Sea 1982

Abstract

The research addressed the legal system of the right of innocent passage in the territorial sea as one of the fundamental pillars established by the United Nations Convention on the Law of the Sea of ​​1982 to achieve a balance between the sovereignty of the coastal state and the freedom of international navigation. The study showed that passage is considered innocent unless it affects the safety, good order, or security of the coastal state, with the obligation of foreign vessels, especially those of a special nature such as submarines, nuclear, and warships, to adhere to specific technical and security rules, such as surface navigation and compliance with precautionary measures. The research also reviewed the rights of the coastal state to regulate or temporarily suspend this passage for security reasons, in return for its obligation not to impede navigation or discriminate between vessels. The study concluded that contemporary technological developments in ship tracking and new international practices necessitate updating national and international legal texts to keep pace with emerging threats such as technological espionage and non-traditional environmental pollution, in a way that ensures the protection of national sovereignty without compromising the effectiveness of global maritime trade.