Article 38 UNCLOS

UNCLOS Article 38 establishes the right of transit passage through straits used for international navigation between one part of the high seas or an EEZ and another. All ships and aircraft enjoy it; it cannot be suspended, unlike innocent passage under Article 25. Transit passage means continuous and expeditious transit solely for that purpose, with ships and aircraft proceeding without delay. It does not apply where a strait is formed by an island of the bordering state and the mainland if a comparable high-seas or EEZ route exists seaward.