What Is Innocent? Freedom of Navigation Versus Coastal States’ Rights in the Law of the Sea

Document Type

Article

Publication Date

10-26-2023

Abstract

Freedom of navigation and the rights of coastal states in zones extending from their shores are two of the foundational pillars of the law of the sea regime. However, these two foundational pillars are in tension when it comes to innocent passage, especially the innocent passage of warships. Traditional maritime powers such as the United States and the United Kingdom assert the right to virtually unrestricted passage by warships around the globe. Rising powers such as China and India, on the other hand, protest these activities as threatening their security and global peace and as a violation of their rights in their maritime zones. Conflict over these issues is not new, and history shows how such disagreement can lead to the brink of war. For example, the collision between Soviet and U.S. warships in the Soviet territorial sea in 1988 increased the already heightened tensions of the Cold War. This article explores the positions of Russia, China, and India regarding the passage of warships through the territorial sea. Looking at the history of these countries, we argue that the legacies of colonialism and imperialism have produced national collective senses of insecurity and trauma vis-à-vis their maritime frontiers. Thus, it should not be assumed that, like past great powers, India and China will eventually support the unrestricted innocent passage of warships.

DOI

https://doi.org/10.1080/00908320.2023.2267406

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