The Right of Innocent Passage Through Archipelagic Waters(in law of the sea, customary international law and LOSC)

The right of innocent passage is applicable to archipelagic waters. In this regard, Article
52(1) of the LOSC provides:
Subject to article 53 [right of archipelagic sea lanes passage] and without prejudice to article
50 [delimitation of internal waters], ships of all States enjoy the right of innocent passage
through archipelagic waters, in accordance with Part II, section 3 [the right of innocent passage
in the territorial sea].
The right of innocent passage in archipelagic waters is essentially parallel to the right of
innocent passage in the territorial sea. Accordingly, under Article 52(2), the archipelagic
State may suspend temporarily the right of innocent passage in archipelagic waters if such
suspension is essential for the protection of its security. Part IV of the LOSC holds no
provision concerning submarines and other underwater vehicles. Like the right of innocent
passage in the territorial sea, it seems that submarines and other underwater vehicles will be

required to navigate on the surface and to show their flag in archipelagic waters. The right
of innocent passage in archipelagic waters contains no freedom of overflight.