Page 130 - MDSL Final

MARITIME DOCTRINE OF SRI LANKA
has the right to temporarily suspend innocent passage after due
notification it cannot suspend or hamper archipelagic sea lanes passage.
Warships can exercise archipelagic sea lanes passage in ‘normal mode’,
which permits submarines to transit submerged.
65
The Territorial Sea

This is a band of water to seaward of the territorial sea baseline with a
maximum permitted breadth of 12nm as laid down in Article 3 of LOSC.
The Coastal State enjoys sovereignty over the Territorial Sea and it is
under the control and jurisdiction of the Coastal State. All vessels enjoy
the right of innocent passage through the Territorial Sea in accordance
with Article 17 of LOSC. However LOSC does not require prior notification,
foreign warships require prior notification as an authorization for the
employment of innocent passage. Therefore Sri Lanka’s position is that
prior notification or permission is required for foreign warships to the
innocent passage. Coastal State has the right to prevent passage which
is not innocent and to expel any vessel which fails to comply with the
local regulations or the rules on innocent passage laid down in Article
19 of LOSC.
66
The Contiguous Zone

The definition of the Contiguous Zone is laid down in Article 33 of LOSC.
The zone may not extend beyond 24nm from the Territorial Sea baseline.
If a Coastal State claims a Contiguous Zone, it may exercise the control
necessary to prevent infringement of its custom, fiscal, immigration or
sanitary laws and regulations within its territory or Territorial Sea and
punish infringement of the above laws and regulations committed within
its territory or Territorial Sea. The Coastal States do not have sovereignty
over the Contiguous Zone; it only has certain sovereign rights. As such
all ships have complete freedom of navigation through the Contiguous
Zone provided there conduct does not infringe the customs, fiscal,
immigration and sanitary laws of the Coastal State. 67

112 To Nurture a Stable Environment at Sea