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international and particular straits regime

The Obligations of the Coastal State Concerning Innocent Passage (treaties and customary international law)

In light of the importance of sea communication for all States, the LOSC places certain obligations upon the coastal State to ensure the interests of navigation in its territorial sea. First, under Ar

By IILSSNET Editorial · 1 MIN READ

In light of the importance of sea communication for all States, the LOSC places certain obligations upon the coastal State to ensure the interests of navigation in its territorial sea.
First, under Article 24(1) of the LOSC, the coastal State is obliged not to hamper the innocent passage of foreign ships and not to discriminate in form or in fact against the ships of any State or against ships carrying cargoes to, from or on behalf of any State.
Second, the coastal State is under the obligation to give appropriate publicity to any danger to navigation under Article 24(2). This obligation follows from the dictum in the Corfu Channel judgment.
Third, no charge may be levied upon foreign ships by reason only of their passage through the territorial sea pursuant to Article 26.

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