5cjxburmr

Belligerent State forces exercising the right of archipelagic sea lanes passage must refrainfrom acts of hostility and other activities not incident to their transit. 170 For example, belligerentState forces must refrain from exercising the right of visit and search while exercising the rightof archipelagic sea lanes passage. 171 Belligerent State forces exercising the right of archipelagicsea lanes passage may, however, engage in those activities that are incident to their normal modeof continuous and expeditious passage, and that are consistent with their security, includingformation steaming, acoustic and electronic surveillance, and the launching and recovery ofmilitary devices. 17215.9 ADDITIONAL RULES APPLICABLE TO NEUTRAL PORTS, ROADSTEADS, AND INTERNALWATERSIn addition to the general rules applicable to neutral waters, 173 certain other rules apply toneutral ports, roadsteads, and internal waters.15.9.1 Maximum Number of Belligerent Warships in One Neutral Port or Roadstead. Inthe absence of special provisions to the contrary in the legislation of a neutral State, themaximum number of warships belonging to a belligerent that may be in one of the ports orroadsteads of that neutral State simultaneously is three. 174170 Consider LOS CONVENTION art. 54 (“Articles 39, 40, 42 and 44 apply mutatis mutandis to archipelagic sea lanespassage.”); LOS CONVENTION art. 39 (“Ships and aircraft, while exercising the right of transit passage, shall: (a)proceed without delay through or over the strait; (b) refrain from any threat or use of force against the sovereignty,territorial integrity or political independence of States bordering the strait, or in any other manner in violation of theprinciples of international law embodied in the Charter of the United Nations; (c) refrain from any activities otherthan those incident to their normal modes of continuous and expeditious transit unless rendered necessary by forcemajeure or by distress.”).171 Refer to § 15.13.3 (Where Belligerents May Not Exercise the Right of Visit and Search).172 2007 NWP 1-14M 7.3.7 (“Belligerent forces exercising the right of archipelagic sea lanes passage may engagein those activities that are incident to their normal mode of continuous and expeditious passage and are consistentwith their security, including formation steaming, acoustic and electronic surveillance, and the launching andrecovery of military devices.”). Consider LOS CONVENTION art. 53(3) (“Archipelagic sea lanes passage means theexercise in accordance with this Convention of the rights of navigation and overflight in the normal mode solely forthe purpose of continuous, expeditious and unobstructed transit between one part of the high seas or an exclusiveeconomic zone and another part of the high seas or an exclusive economic zone.”).173 Refer to § 15.7 (Neutral Waters).174 See Consultative Meeting of Foreign Ministers of the American Republics, Final Act of the Meeting: V GeneralDeclaration of Neutrality of the American Republics, 3, Oct. 3, 1939, 1 DEPARTMENT OF STATE BULLETIN 326, 327(Oct. 7, 1939) (The American Republics resolve “[t]o declare that with regard to their status as neutrals, there existcertain standards recognized by the American Republics applicable in these circumstances and that in accordancewith them they: ... (d) May determine, with regard to belligerent warships, that not more than three at a time beadmitted in their own ports or waters and in any case they shall not be allowed to remain for more than twenty-fourhours. Vessels engaged exclusively in scientific, religious or philanthropic missions may be exempted from thisprovision, as well as those which arrive in distress.”); 1928 PAN AMERICAN NEUTRALITY CONVENTION art. 7 (“In theabsence of a special provision of the local legislation, the maximum number of ships of war of a belligerent whichmay be in a neutral port at the same time shall be three.”); HAGUE XIII art. 15 (“In the absence of special provisionsto the contrary in the legislation of a neutral Power, the maximum number of war-ships belonging to a belligerentwhich may be in one of the ports or roadsteads of that Power simultaneously shall be three.”).959