Innocent passage for warships: the Chinese doctrine and practice

Abstract

Whether warships have the right of innocent passage through the territorial sea is an ongoing issue in international law. China has required foreign warships to obtain prior permission before they pass through the Chinese territorial sea, which is not consistent with the relevant provisions of the 1982 United Nations Convention on the Law of the Sea. Because China has ratified the 1982 Convention, it must change its existing rules in order to harmonize its practice with the Convention. The present article reviews the Chinese doctrine and practice with respect to innocent passage for warships within the context of the development and trend of the rule of innocent passage in general international law and discusses the possible adjustment by China of its current policy and law.