A Discussion Regarding The Right Of Innocent Passage On Warship In Territorial Waters

As a result of its widely applicable in territorial waters, the right of innocent passage plays an important role around the world. This right has significant relation with the territorial waters system and develops with this concept. For centuries, the right of innocent passage develops to be an international practice gradually and gains recognition from a number of nations and scholars. At the same time, the Convention on the Territorial Sea and the Contiguous Zone and the United Nations Convention on the Law of the Sea have special provisions regarding the innocent passage, thus making this right codification. However, concerning applicable objects of this right, there always exists dispute. It has been widely recognized that merchant ship enjoys the right of innocent passage. The existing dispute focuses on whether warship has the right of innocent passage such as merchant ship.Since centuries ago, many scholars have expounded their views on warship’s innocent passage, while the dispute exists. At the same time, many treaties mention the right of innocent passage and this will be discussed in this thesis.This thesis is divided into five chapters. In chapter one. the author will introduce the Principle of Freedom of the Oceans and the concept of territorial waters. Due to their close relation with the right of innocent passage, it is worth to discuss the development and meaning of this right in this chapter. Chapter two is the concept of territorial waters and the right of innocent passage. In this chapter, the author will expound whether warship has the right of innocent passage such as merchant ship by discussing territorial waters and differences between this two kinds of ships. Chapter three is the United Nations Convention on the Law of the Sea and the right of innocent passage. In this chapter, with the analysis of the United Nations Convention on the Law of the Sea and other interrelated treaties, the author will expound whether warship has the right of innocent passage under the current international law. Chapter four is various countries’regulations of innocent passage and international maritime conflicts. In this chapter, the author will list state practice in relation to their regulations. Because of different views, there are some conflicts about the innocent passage and the author will give an account of two typical cases. Chapter five is conclusion. In this chapter, on the basis of the full text, the author will make a conclusion and states his own view.