A Word about Perspectives Matter
Perspective is more than a viewpoint — it is a responsibility. Perspective shapes maritime governance by defining how we value the people behind the global trade system. The Brussels Maritime Talk on 4 November 2025, hosted by the Brussels Diplomatic Academy and enabled by Téthys Naval, highlighted that protecting human rights at sea begins with […]Legal Clarity of Innocent Passage
Recent freedom of navigation operations, including Australia’s cautious approach alongside British vessels in contested waters, illuminate a fundamental gap in public understanding of maritime law (read here). Whilst political narratives dominate headlines, the legal reality of the Taiwan Strait remains obscured by diplomatic complexities and strategic communications.
The Taiwan Strait spans approximately 110 nautical miles at its narrowest point, placing it unequivocally within international waters under the United Nations Convention on the Law of the Sea (UNCLOS). This critical dimension—that territorial waters extend a maximum of 12 nautical miles from coastal baselines—renders claims of exclusive jurisdiction legally unfounded. The strait’s width of over 100 nautical miles creates a substantial corridor of international waters where freedom of navigation applies unconditionally.
Legal Framework vs. Geopolitical Reality
Under UNCLOS Article 17, vessels enjoy the right of innocent passage through territorial waters, whilst international waters guarantee complete freedom of navigation. The Taiwan Strait’s dimensions eliminate any requirement for innocent passage protocols, as vessels operate beyond territorial limits entirely. This legal clarity contrasts sharply with the political messaging that often conflates territorial sovereignty with broader maritime control.
Australia’s recent reluctance to transit the strait alongside HMS Spey reveals how diplomatic considerations can override legal certainties. Such hesitancy inadvertently legitimises unfounded territorial claims, potentially setting dangerous precedents for maritime governance globally.
The Governance Challenge
The unknown dimension extends beyond geography to governance structures. Current international law provides clear frameworks, yet implementation depends on consistent state practice. When nations subordinate legal principles to bilateral trade relationships, the rule of law at sea weakens progressively.
Effective maritime governance requires coupling the Law of the Sea with robust domestic legislation governing vessel operations. Flag state jurisdiction, port state control, and coastal state enforcement must align with international legal standards rather than political expediency.
Implications for Maritime Security
The Taiwan Strait case demonstrates how legal clarity can be obscured by strategic ambiguity. For maritime professionals, understanding these dimensions is crucial for operational planning, risk assessment, and compliance frameworks. The strait remains international waters – a legal reality that transcends political narratives and demands recognition in both policy and practice.
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