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 The terms international waters or transboundary waters apply where any of the following types of bodies of water (or their drainage basins) transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed region ...

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. This navigation rule is codified in Part III of the

United Nations Convention on the Law of the Sea The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. , 167 c ...

.United Nations Convention on the Law of the Sea
Part III, Article 38 Although not all countries have ratified the convention, most countries, including the US, accept the customary navigation rules as codified in the Convention. This navigation rule took on more importance with UNCLOS III as that convention confirmed the widening of

territorial waters The term territorial waters is sometimes used informally to refer to any area of water over which a sovereign state has jurisdiction, including internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, and potent ...

from three to twelve nautical miles, causing more straits not to have a navigation passage between the territorial waters of the coastal nations. Transit passage exists throughout the entire strait, not just in the area overlapped by the territorial waters of the coastal nations. The ships and aircraft of all nations, including warships, auxiliaries, and military aircraft, enjoy the right of unimpeded transit passage in such straits and their approaches. Submarines are free to transit international straits submerged since that is their normal mode of operation. Transit passage rights do not extend to any state's

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 wat ...

within a strait. The legal regime of transit passage exists for all straits used for international navigation where there is not a simple alternative route, and excluding those instances where there is a long-standing international convention governing the straits, namely the

Danish straits The Danish straits are the straits connecting the Baltic Sea to the North Sea through the Kattegat and Skagerrak. Historically, the Danish straits were internal waterways of Denmark; however, following territorial losses, Øresund and Fehmarn B ...

, the Turkish straits, the straits of Tiran, the Strait of Magellan and the

Beagle Channel Beagle Channel (; Yahgan: ''Onašaga'') is a strait in the Tierra del Fuego Archipelago, on the extreme southern tip of South America between Chile and Argentina. The channel separates the larger main island of Isla Grande de Tierra del Fuego f ...

. The major international trade routes of the Strait of Gibraltar,

Dover Strait The Strait of Dover or Dover Strait (french: Pas de Calais - ''Strait of Calais''), is the strait at the narrowest part of the English Channel, marking the boundary between the Channel and the North Sea, separating Great Britain from continent ...

, Strait of Hormuz,

Bab-el-Mandeb The Bab-el-Mandeb ( Arabic: , , ) is a strait between Yemen on the Arabian Peninsula, and Djibouti and Eritrea in the Horn of Africa. It connects the Red Sea to the Gulf of Aden. Name The strait derives its name from the dangers a ...

and

Strait of Malacca The Strait of Malacca is a narrow stretch of water, 500 mi (800 km) long and from 40 to 155 mi (65–250 km) wide, between the Malay Peninsula (Peninsular Malaysia) to the northeast and the Indonesian island of Sumatra to the southwest, connec ...

are covered by the transit passage provisions. In contrast, the artificial maritime canals such as the

Corinth Canal The Corinth Canal ( el, Διώρυγα της Κορίνθου, translit=Dhioryga tis Korinthou) is an artificial canal in Greece, that connects the Gulf of Corinth in the Ionian Sea with the Saronic Gulf in the Aegean Sea. It cuts through the ...

are generally not covered by the UNCLOS and fall instead under the respective national laws, with the three notable exceptions of the globally important canals due to their prior treaties: the

Kiel Canal The Kiel Canal (german: Nord-Ostsee-Kanal, literally "North- oEast alticSea canal", formerly known as the ) is a long freshwater canal in the German state of Schleswig-Holstein. The canal was finished in 1895, but later widened, and links the N ...

, the

Panama Canal The Panama Canal ( es, Canal de Panamá, link=no) is an artificial waterway in Panama that connects the Atlantic Ocean with the Pacific Ocean and divides North and South America. The canal cuts across the Isthmus of Panama and is a condui ...

and the Suez Canal.

References

Law of the sea {{law-term-stub

See also

References