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Transit Passage

A6. Public international law of the sea

Definition

Through straits used for international navigation under UNCLOS Article 38.

Transit passage is the right of continuous and expeditious passage through straits used for international navigation, between one part of the high seas or EEZ and another. Under UNCLOS Part III (Articles 37 to 44) it is stronger than innocent passage: it cannot be suspended, applies to submerged submarines and overflight, and binds aircraft as well as ships. The regime was the diplomatic price of the 12-mile territorial sea, which would otherwise have closed many strategic straits to free transit; bordering states retain limited regulatory powers.

Source: UNCLOS Part III, Arts.37-44