HL Deb 01 February 1978 vol 388 cc846-7WA
Lord KENNET

asked Her Majesty's Government:

In the territorial seas of which States do naval vessels engaged in innocent passage have to obtain prior permission and submarines have to travel on the surface.

Lord GORONWY-ROBERTS

The 1958 Convention on the Territorial Sea and the Contiguous Zone provides that ships of all states including warships shall enjoy the right of innocent passage through the territorial sea. The Informal Composite Negotiating Text of the United Nations Law of the Sea Conference adopts a similar approach. As a party to the 1958 Convention, Her Majesty's Government take the view that there is no basis in international law for requesting prior authorisation or notification to the coastal State of the intended passage of warships through the territorial sea and have reserved their rights accordingly. According to information available to Her Majesty's Government, the following States have enacted legislation purporting to require prior notification of the transit of warships through territorial waters:

Country Year of enactment
Honduras 1935
Dominican Republic 1951
Soviet Union 1960
China 1963
Denmark 1968(1)
Libya 1973(2)
Dominican Republic 1974
Bangladesh 1976
India 1976
Sudan 1976
Sri Lanka 1976
Denmark 1976(3)
Pakistan 1976
Barbados 1977
Seychelles 1977
Mauritius 1977
PDRY 1977

FOOTNOTES

(1) If duration of passage through Danish territorial waters for more than two days, with the exception of the port areas of Frederikshavn and Elsinore and the port and roadstead of Copenhagen, where prior permission required, and passage through Hallaenderdyb and Drogden, where advance notice required.

(2) In the Gulf of Sirte.

(3) Except for the passage of fewer than three warships simultaneously through the Great Belt, Samsoe Belt or the Sound.

Article 14(6) of the 1958 Convention on the Territorial Sea and the Contiguous Zone requires that submarines engaged in innocent passage through the territorial sea shall navigate on the surface and show their flag. An identical provision appears in the Informal Composite Negotiating Text.