3.1 Rights of access to ports and other internal waters 3.2 Exercise of jurisdiction over foreign ships in internal waters : The rules of sovereignty over internal waters mean that there is no general right in customary law for foreign ships to enter a coastal state’s ports. This point was confirmed by the ICJ in the Nicaragua case (1986). Although coastal states will normally allow the entry of foreign merchant ships into their ports, there is no indication that such practice is supported by sufficient opinio juris to create a

doi:10.4324/9781843143802-94

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3.1 Rights of access to ports and other internal waters 3.2 Exercise of jurisdiction over foreign ships in internal waters

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ABSTRACT

no right of innocent passage through internal waters such as exists through the territorial sea. Two particular aspects of a coastal state’s sovereignty over internal waters have given rise to much discussion: the right of access to ports and other internal waters; and the exercise of jurisdiction over foreign ships in ports. It should also be noted that a special regime applies to archipelagic waters.