Limiting innocent passage : the protection of vulnerable island states

Abstract

The aim of this thesis is to examine the right of innocent passage from the perspective of coastal States, with specific focus given to island States which may be considered vulnerable due to the exercise of this right within their territorial seas. It considers the historical development of the right of innocent passage as per the United Nations Convention on the Law of the Sea and its precursors, as well as the legislative developments that followed in individual coastal States. This thesis also examines the notion of vulnerability, how it is defined and which States are deemed particularly vulnerable, according to which indices of vulnerability and the international community’s approach to challenges for small island States. As international disputes arise concerning navigational rights and the interplay between vessels and coastal States, this thesis also examines the future of innocent passage, its role in the international law of the sea and the way forward for vulnerable island States.