An analytical discussion on the controversy about the requirement of prior notification and authorization for the warships to enjoy the rights of innocent passage in the territorial sea, under the UNCLOS (1982)

The right of innocent passage is the classical exception to the coastal state sovereignty in the coastal waters and it applies to the different areas of the sea. Foreign vessels enjoy this right in the territorial sea, in straits and in archipelagic waters. There is a controversy on the issue of prior notification or authorization of the warships in the innocent passage of the territorial sea. Another controversy connected with prior notification or authorization is whether the innocent passage of the warships constitutes any threat to the coastal states and whether the activities of the warships are innocent or not. Though the United Nations Convention on the Law of the Sea (LOSC) of 1982 does not have any explicit provisions on the prior authority and authorization, it puts some limitation upon the enjoyment of the right of innocent passage through article 19(2). This Convention not even prohibits the permission of prior notification or authorization. This article explores the existing right of innocent passage, present status of the warships and the controversial issue of prior notification or authorization of the coastal state through the lens of international law and case studies. In addition, this paper suggests the Convention LOSC should incorporate new provisions for prior notification or authorization which will ensure harmony among the states and boost the economic and social advancement of all peoples of the world.

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