Karo laivai ir taikaus plaukimo teritorine jūra teisė
Stalauskas, Tomas |
Siniovas, Vladimiras | Darbo gynimo komisijos narys / Thesis Defence Board Member |
Staniulis, Darius | Darbo gynimo komisijos narys / Thesis Defence Board Member |
Katuoka, Saulius | Darbo gynimo komisijos pirmininkas / Thesis Defence Board Chairman |
Biekša, Laurynas | Darbo gynimo komisijos narys / Thesis Defence Board Member |
Gineitis, Alvydas | Darbo gynimo komisijos narys / Thesis Defence Board Member |
Žilinskas, Justinas | Recenzentas / Rewiewer |
Žilinskas, Justinas | Darbo gynimo komisijos narys / Thesis Defence Board Member |
Jakulevičienė, Lyra | Darbo gynimo komisijos narys / Thesis Defence Board Member |
In international law, the right of innocent passage is a well - established rule and constitutes a part of the territorial sea regime. The most controversial issue in the innocent passage doctrine and practice is the right of innocent passage for warships, which is analyzed in this thesis. There was no sign in the early discussion that warships could enjoy the right of innocent passage. The 1958 Geneva Convention for the first time codified the right of innocent passage in treaty form, but it was silent on the passage of warships. This silence led to contradictory interpretations of the provisions on innocent passage regarding the right for warships. One opinion held that the passage of warships was not regulated by the 1958 Geneva Convention and therefore was left to be decided by customary law. The other view maintained that the right of passage for warships was implicitly provided by the Convention. During UNCLOS III the differences on the right of warship passage came up again. The maritime powers claimed innocent passage for warships, whereas other countries emphasized that for the importance of their coastal security they would require either prior authorization or at least prior notification. The 1982 Law of the See Convention, like the 1958 Geneva Convention, contains no provision that expressly allows or denies warships a right of innocent passage. A full analysis of states practice and the relevant provisions contained in the 1982 Law of the See Convention leads to conclusion – there is so far no universal customary rule on the right of innocent passage for warships, but pursuant to the 1982 Law of the See Convention, warships like merchant ships enjoy such a right. The Convention provides no extra conditions, such as prior permission or notification on the passage of warships through the territorial sea. Instead, it provides only that if the passage of a warship is noninnocent and in violation of relevant laws and regulations of the coastal state, the coastal state has the right to require it to leave the territorial sea immediately. As has been noted in this thesis according to the Convention, the coastal state has the right to lay down relevant laws and regulations on innocent passage, but the general purpose of such legislation should be to enhance rather than impede innocent passage of foreign ships. Lithuanian’s practice on innocent passage, including the requirement of prior authorization for foreign warships passing through its territorial sea is also being reviewed in this thesis.