oa Comparative and International Law Journal of Southern Africa - The right of innocent passage of submarines in the territorial seas



In the Seabed Committee the USA and the USSR have both tabled draft articles on straits used for international navigation. These draft articles, inter alia would allow submarines in transit through international straits to enjoy the same freedom of navigation as they have on the high seas ie to navigate submerged. At present. Article 14(6) of the Geneva Convention on the Territorial Sea and the Contiguous Zone (hereinafter the Territorial Sea Convention) requires that submarines navigate on the surface and show their flag. This article is of general application to all territorial waters, whether within straits or off open coastlines. In this note, it is intended to examine whether the requirements of Article 14(6) are a part of customary international law.


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