Territorial sea

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Maximum 12 miles from baselines foreign flag vessels have right of innocent passage

Innocent passage means –

navigating/traversing without entering internal waters.

Proceeding to and from internal waters should be continuous and expeditious anchoring and stopping which are incidental to navigation or rendered necessary due to force majeure/distress.

Impeding innocent passage –

The coastal State can impede the innocent passage of vessel in territorial sea if it considers that the passage of the vessel is not innocent.

Suspending of innocent passage – Coastal State has also the right to temporarily suspend the innocent passage of vessels in its territorial sea;

for example security, firing/submarine exercises.

Activities which are not considered innocent:

threat -use of force against the coastal state- weapons exercise, intelligence gathering propaganda operation of aircraft breach of custom, immigration, fiscal sanitary laws fishing scientific research- surveying interference with communication network not complying with coastal state laws/ regulations on navaids maritime traffic- protection of the marine environment- fisheries -protection of submarine cables and pipelines nuclear-powered vessels or vessels carrying nuclear substances must have adequate safeguards and carry certificates to that effect.

Submarines will have to navigate on the surface and show their flags. The coastal state can exercise criminal jurisdiction over flag state vessels in the territorial sea when: consequences of crime extend to coastal state disturbs the peace and good order to suppress illicit traffic of narcotic drug master of vessel requests. Can exercise civil jurisdiction over flag state vessels only when: In their internal waters or when passing through the territorial sea after leaving internal water.

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