In what circumstances do foreign flag vessels have a right of innocent passage through a State's internal waters?

MCA Oral Exam Questions

In three cases: (1) when baselines which have been redrawn enclose waters previously to seaward of the baselines; 

(2) in cases of force majeure, i. e. when vessels enter internal waters involuntarily, e. g. due to distress, stress of weather or mechanical breakdown (in such cases jurisdiction remains with the flag State); (3) in the case of warships and other public vessels: these are granted special status in international law as they are regarded as agents of the sovereign. (All sovereigns are immune from the jurisdiction of other States and their vessels are granted immunity, provided they enter internal waters with the coastal State's consent. )



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