5cjxburmr

geographic, economic, and political entity or that historically have been regarded as such. 35 An“archipelagic State” means a State constituted wholly by one or more archipelagos and mayinclude other islands. 36 The Philippines and Indonesia are examples of archipelagic States. 3713.2.2.4 Innocent Passage of Foreign Vessels Through Territorial Seas andArchipelagic Waters. During peacetime, all ships enjoy a right of innocent passage throughterritorial seas and archipelagic waters. 38 A Coastal State, however, has a right of protection,which includes the right to suspend temporarily in specified areas of its territorial sea theinnocent passage of foreign ships if such suspension is essential for the protection of itssecurity. 39During armed conflict, the right of innocent passage would not apply between belligerentStates. During armed conflict, belligerent States may restrict the right of neutral vessels toconduct innocent passage through territorial seas and archipelagic waters belonging to abelligerent State, such as by establishing maritime zones. 40 During armed conflict, neutral Statesmay regulate, and even prohibit, belligerent warships and prizes from entering their territorialseas and archipelagic waters. 4113.2.3 International Waters. International waters, which are not subject to thesovereignty of any State, include contiguous zones, exclusive economic zones (EEZs), and thehigh seas. These waters, which are seaward of the territorial sea, are waters in which States havecertain freedoms, such as freedom of navigation and overflight.35 Consider LOS CONVENTION art. 46(b) (“‘archipelago’ means a group of islands, including parts of islands,interconnecting water and other natural features which are so closely interrelated that [they] form an intrinsicgeographic, economic, and political entity or which historically have been regarded as such.”).36 Consider LOS CONVENTION art. 46(a) (“‘archipelagic State’ means a State constituted wholly by one or morearchipelagos and may include other islands;”).37 Commentary—The 1982 United Nations Convention on the Law of the Sea and the Agreement on Implementationof Part XI, 22, MESSAGE FROM THE PRESIDENT TRANSMITTING LOS CONVENTION (“A State may enclosearchipelagic waters within archipelagic baselines that satisfy the criteria specified in Article 47. Depending on howthe archipelagic baseline system is established, the following 20 States could legitimately claim archipelagic waters:Antigua & Barbuda, The Bahamas, Cape Verde, Comoros, Fiji, Grenada, Indonesia, Jamaica, Kiribati (in part),Maldives, Marshall Islands (in part), Papua New Guinea, Philippines, Saint Vincent and the Grenadines, Sao Tome& Principe, Seychelles, Solomon Islands (five archipelagos), Tonga, Trinidad & Tobago, and Vanuatu.”).38 Consider LOS CONVENTION art. 17 (“Subject to this Convention, ships of all States, whether coastal or landlocked,enjoy the right of innocent passage through the territorial sea.”); LOS CONVENTION art. 52 (“1. Subject toarticle 53 and without prejudice to article 50, ships of all States enjoy the right of innocent passage througharchipelagic waters, in accordance with Part II, section 3.”).39 Consider LOS CONVENTION art. 25(3) (“The coastal State may, without discrimination in form or in fact amongforeign ships, suspend temporarily in specified areas of its territorial sea the innocent passage of foreign ships ifsuch suspension is essential for the protection of its security, including weapons exercises. Such suspension shalltake effect only after having been duly published.”).40 Refer to § 13.9.4 (Use of Zones to Prevent Movement – Exclusion Zones).41 Refer to § 15.7.2 (A Neutral State’s Regulations Concerning Belligerent Warships and Prizes in Its Waters).866