141. Passage through straits used for international navigation.

141.     Passage through straits used for international navigation.

Under the United Nations Convention on the Law of the Sea1 there exists, in straits which are used for international navigation2 between one part of the high seas3 or an exclusive economic zone4 and another part of the high seas or an exclusive economic zone, a right of transit passage5 for all ships and aircraft both military and commercial, which right must not be impeded6.

However, where the strait is formed by an island of a state bordering the state and the mainland, transit passage does not apply therein if