Exploring Theoretical And Practical Contestations Over The Right Of Innocent Passage Of Vessels Through The Territorial Sea Of A Foreign Country

Abstract

This article examines the contested nature of the right of innocent passage of vessels through the territorial sea of a foreign country. It sheds light on the practice of innocent passage, on the one hand, and on the theoretical insights regarding the movement of ships through others states’ territorial waters, on the other. Innocent passage is one of the fundamental principles of international maritime law. Although numerous conventions and treaties formally protect this right, its implementation frequently faces challenges and uncertainties. This article, therefore, explores the theoretical underpinnings of innocent passage, analyzing its historical development and its formalization in international law. There is a discussion herein on the pragmatic elements of putting this right into practice, delving into current concerns, real-life examples, and the consequences for the authority of states and the security of maritime areas. The aim of this study is to bridge the gap between theory and practice by conducting a thorough investigation and providing insights into the intricate aspects of innocent passage in the territorial seas of foreign countries.