3. Passage includes stopping and anchoring, but 

 only insofar as the same are incidental to ordinary 

 navigation or are rendered necessary by force 

 majeure or by distress. 



4. Passage is innocent so long as it is not prejudi- 

 cial to the peace, good order or security of the 

 coastal State. Such passage shall take place in 

 conformity with these articles and with other rules 

 of international law. 



5. Passage of foreign fishing vessels shall not be 

 considered innocent if they do not observe such 

 laws and regulations as the coastal State may make 

 and publish in order to prevent these vessels from 

 fishing in the territorial sea. 



6. Submarines are required to navigate on the 

 surface and to show their flag. 



Article 17 also requires foreign ships exercising 

 the right of innocent passage to: 



comply with the laws and regulations enacted by 

 the coastal State in conformity with these articles 

 and other rules of international law and, in 

 particular, with such laws and regulations relating 

 to transport and navigation. 



a. General These articles of the Convention do 

 not make clear the extent to which a vessel may 

 engage in scientific inquiry while exercising the 

 right of innocent passage. Apart from this right, of 

 course, the prior consent of the coastal State is 

 required to authorize any vessel or submersible 

 (manned or unmanned; bottom crawler) to enter 

 its internal or territorial waters for the purpose of 

 conducting research therein.^ 



The intent of these Articles, the panel con- 

 cludes, would be served best if they are interpreted 

 to permit scientific inquiry when it is incidental to 

 passage of a vessel through the waters in question 

 but not when it is the purpose for which the vessel 

 entered these waters.* For example, this interpre- 

 tation would permit "ships of opportunity," i.e.. 



commercial or naval vessels on which laboratories 

 are installed for scientific research purposes, to 

 make scientific observations while exercising the 

 right of innocent passage. It would also permit an 

 oceanographic vessel to make such observations, 

 but only when it traverses the territorial sea en 

 route to or from its destination. These observa- 

 tions by a ship of opportunity or oceanographic 

 vessel would have to be made while the vessel was 

 underway, since stopping and anchoring for this 

 purp6se are prohibited by the Convention. 



b. Research Submersibles To exercise its right of 

 innocent passage, every submarine is required to 

 navigate on the surface and to show its flag. This 

 requirement may make exercise of the right of 

 irmocent passage very difficult, if not impossible, 

 for research submersibles which have not been 

 specially designed to navigate on the surface. 



c. Research Buoys While there is strong support 

 for the view that the prior consent of the coastal 

 State is required before oceanographic buoys may 

 be placed in its internal or territorial waters,' it 

 has been suggested that a right of "innocent 

 access" might be claimed for such buoys.* 



d. Limits on "Innocent Research" Even if the 

 Convention on the Territorial Sea and the Contig- 

 uous Zone is interpreted to recognize the claims to 

 engage in scientific research while exercising the 

 right of innocent passage and to "innocent access" 

 for research buoys, it is doubtful whether these 

 claims would prevail if a coastal State enacted laws 

 or regulations expressly prohibiting foreign scien- 

 tific research in its internal or territorial waters. 

 Such laws and regulations may be enacted because 

 the coastal State regards such research as prejudi- 

 cial to its security or for other reasons.' Vessels 



Burke, International Legal Problems of Scientific 

 Research in the Oceans 18. (Prepared for National 

 Council on Marine Resources and Engineering Develop- 

 ment, August 1967). 



^Id. at 21. 



UNESCO, Intergovernmental Oceanographic Com- 

 mission, PreUminaxy Report of UNESCO and IMCO on 

 the Legal Status of Unmanned and Manned Fixed 

 Oceanographic Stations 6, NS/IOC/INF/34 (1962). 



Burke, Law and the New Technologies, in The Law 

 ofthe Sea 204, 215-16 (Alexander ed., 1967). 



n 



Id. at 22. Burke cites a Bulgarian decree of October 

 10, 1951 which proclaims: 



Foreign ships may not engage, while in the territorial or 

 internal waters or ports of the People's Republic, in 

 sounding, research, study, photography . . . or make use 

 of radio transmitters, radar, echo sounding or like devices 

 other than those intended for purposes of navigation. 



VIII-71 



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