ACKNOWLEDGING that well-defined laws of the sea assist national security and the freedom of trade;
CONCERNED that there is a dearth of law regarding the passage of straits;
RESOLVING to clarify and codify maritime passage through these crucial areas;
Hereby,
- Defines:
- a strait as a narrow passage of water connecting two seas or other large areas of water which is, at any point of its length, contained entirely within the territorial waters of one or more WA member states;
- a ship as any form of nautical vessel that primarily transits via water;
- Establishes:
- any ship belonging to a WA member state may transit fully the length of a strait fully controlled by WA member state(s) without deliberate impediment;
- that no national law shall in spirit prohibit the transit of law-abiding ships through a strait;
- Clarifies:
- this right shall only be granted under the condition that the ship in question does not pose a threat to the peace of security of any state through whose waters it passes;
- the ship shall be considered in violation of this resolution if it engages in any of the following activities:
- any overt or covert threat or act of aggression towards another nation;
- any collection of information to the detriment of the coastal state;
- any taking on board or discharging of any other vessel, aircraft, or cargo of any kind during passage;
- any fishing, mining, drilling, salvaging, or any other economic activity;
- any other activity without direct bearing on the passage of the ship;
- if a ship violates the resolution, its protection under this resolution will be revoked, and it may be seized legally by the offended party;
- nothing in this resolution should be taken as the limiting of a nation's sovereignty over their territorial waters;
- this resolution only applies to ships flying the flag of a WA member state;
- Declares:
- WA member states retain the right to bar passage to any ship of a nation they are engaged in hostilities with, whether declared or undeclared; or due to the ship failing to comply with other WA resolutions;
- WA member states retain the right to enforce their laws on any ship transiting their territorial waters;
- no ship protected under this resolution will abuse its protections to engage in smuggling, piracy, or other criminal acts;
I've tried to work around the Law of the Seas resolution for this. I had a look for existing drafts or resolutions regarding this, and the only similar thing I could find was in 2014, so I don't think this has been covered by the WA yet.