Difference between innocent passage system and transit passage system

The right of innocent passage means that all countries, whether coastal or landlocked, have the right to freely pass through the territorial waters of other countries without permission on the premise of not damaging the peace, good order or security of coastal countries.

The right of transit passage refers to the use of transit passage system in the straits used for international navigation between the high seas or a part of the exclusive economic zone or another part of the high seas or the exclusive economic zone. All ships and aircraft enjoy the right of transit, that is, the right to exercise freedom of navigation and overflight for continuous and rapid transit.

1, with different scope of application. The system of innocent passage applies to some territorial waters, straits and archipelagic waters used for international navigation; The transit passage system is only applicable to the straits used for international navigation between one part of the high seas or exclusive economic zone and another part of the high seas or exclusive economic zone.

2. The applicable subjects are different. The innocent passage system only applies to ships; Transit traffic systems are used for ships and planes.

3. Use different means. Submarines exercising the right of innocent passage should surface and fly the national flag; Ships exercising the right of transit may dive into the water and sail.

4. The passing area is different. The innocent passage system only involves the water part, not the airspace over the territorial sea; The transit passage system involves not only the waters, but also the airspace over the exclusive economic zone.

5, the application of the strait is different. The geographical position of the straits to which the transit passage system and the innocent passage system apply is different. Transit passage system refers to the freedom of navigation and overflight exercised by all foreign ships or aircraft in the straits used for international navigation between the high seas or exclusive economic zones for continuous and rapid transit. The innocent passage system is applicable to the following international navigation straits:

(1) There is a channel in the Strait that is equally convenient to cross the high seas or exclusive economic zone in terms of navigation and hydrological characteristics.

(2) The Strait is located between the high seas or part of the exclusive economic zone and foreign territorial waters.

(3) The Strait consists of an island of a country bordering the Strait and the mainland of that country, and there is a strait on the seaward side of the island that is equally convenient in navigation and hydrological characteristics.

6. The requirements for research and measurement activities are different: research and measurement activities are absolutely not allowed when they pass harmlessly; During the transit period, no research and investigation activities may be carried out without the prior permission of the state organs on both sides of the Taiwan Strait.

7. Ships and aircraft have different requirements or obligations when passing through: in the innocent passage system, UNCLOS has "innocent" requirements for ships passing through territorial waters, and these requirements are also the obligations of these ships. In the transit passage system, UNCLOS has less strict requirements for ships and planes.

Legal basis:

United Nations Convention on the Law of the Sea

Article 17 Right of innocent passage

According to the restrictions of the Convention, all countries, whether coastal or landlocked, have the right to innocent passage through the territorial sea.

Adoption of the meaning of article 18

1. Passage refers to navigation through territorial waters for the following purposes:

(1) Crossing the territorial sea without entering the internal waters or stopping at berths or port facilities outside the internal waters; or

(b) sail to or from internal waters or call at such berths or port facilities.

2. Adoption should be carried out without interruption. Passage includes suspension and anchoring, but only if it is incidental to normal navigation, or necessary due to force majeure or distress, or to rescue people, ships or aircraft in distress or distress.

Article 19 the significance of innocent passage

1. As long as it does not harm the peace, good order or security of coastal countries, the passage is harmless. Such adoption shall be conducted in accordance with this Convention and other rules of international law.

2. If a foreign ship engages in any of the following activities in the territorial sea, its passage shall be regarded as damaging the peace, good order or security of the coastal state:

(a) Any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal State, or in any other way that violates the principles of international law embodied in the Charter of the United Nations;

(b) Use weapons of any kind for any drill or training;

(c) Any act aimed at collecting information endangering the national defense or security of the coastal State;

(d) Any propaganda aimed at affecting the national defense or security of the coastal State;

(e) take off, land or pick up any aircraft on board.

(f) launching, landing or picking up any military device on board;

(g) In violation of the customs, financial, immigration or health laws and regulations of coastal countries, letting any commodity, currency or personnel get on or off the ship;

(h) Any intentional and serious pollution in violation of the provisions of this Convention;

(i) Any fishing activities;

Carry out research or measurement activities;

(k) Any act aimed at interfering with any communication system or any other facility or equipment of the coastal State;

(l) Any other activity not directly related to adoption.

Article 38 Right of transit passage

1. In the straits referred to in Article 37, all ships and planes have the right of transit passage, and the transit passage should not be hindered; However, if the strait is formed by the island of a country bordering the strait and the mainland of that country, and there is a channel on the sea side of the island that passes through the high seas or exclusive economic zone, which has the same convenience in navigation and hydrological characteristics, transit passage should not be applied.

2. Transit passage refers to the exercise of freedom of navigation and overflight exclusively for the purpose of continuous and rapid transit in the strait between the high seas or a part of the exclusive economic zone and another part of the high seas or the exclusive economic zone in accordance with the provisions of this Part. However, the requirement of continuous and rapid transit does not exclude the passage through the Straits for the purpose of entering, leaving or returning to the countries bordering the Straits, subject to the entry conditions of that country.

3. Any activity that does not exercise the right of passage in the Straits shall still be restricted by other applicable provisions of this Convention.