UNCLOS Transit Passage Regime
SyllabusEffect of foreign policies on India's interests
Under UNCLOS, transit passage is the right of navigation and overflight through certain straits used for international navigation. It permits continuous and expeditious transit between one part of the high seas or an exclusive economic zone and another, while preserving the sovereignty or jurisdiction of states bordering the strait over the waters concerned.
Scope of the regime
The regime is principally contained in Part III, Articles 37-44 of UNCLOS. It applies to straits used for international navigation between one part of the high seas or an exclusive economic zone and another such part.
- All ships and aircraft enjoy the right of transit passage, and states bordering the strait cannot suspend it.
- Transit passage does not apply where a route through the high seas or an exclusive economic zone of similar convenience exists, or where passage is governed by a long-standing international convention.
- In specified straits outside the transit-passage regime, Article 45 provides for innocent passage, which cannot be suspended.
Duties of ships and aircraft
The right is functional rather than unrestricted. Ships and aircraft must proceed without delay and refrain from activities unrelated to their normal mode of continuous and expeditious transit.
- They must refrain from any threat or use of force contrary to the principles of the Charter of the United Nations.
- They must comply with generally accepted international rules concerning navigational safety, air navigation and prevention of pollution.
- Foreign ships conducting marine scientific research or hydrographic surveys require prior authorization from states bordering the strait.
Powers and duties of strait states
Under Articles 41-44, bordering states may regulate passage without defeating the right itself.
- They may designate sea lanes and traffic-separation schemes, subject to adoption through the competent international organization.
- They may enact non-discriminatory laws on navigational safety, pollution, fishing and specified customs, fiscal, immigration and sanitary matters.
- They must not hamper transit passage and must publicize known dangers to navigation or overflight.
How UPSC asks this
Focus on Articles 37-45, the inclusion of both ships and aircraft, and the rule that transit passage cannot be suspended.
Assess how the regime balances navigational freedom through strategic chokepoints with the regulatory and security interests of coastal states, including India.
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