The relationship between art. 21(1) and art. 19(2) merits further elaboration.
The activities listed in art. 19(2) are against the interests of the coastal State and
thus make passage of a foreign ship non-innocent. However, art. 19(2) per se does
not, except Item (g), shed any light on whether the activities are illegal in the
context of local legislation, despite the presumption to that effect. This task is left
to art. 21(1), according to which the coastal State may adopt relevant laws and
regulations wherein those activities may be duly proscribed. Art. 21(1) covers a
broad range of matters, including those dealt with in art. 19(2). It should be made
clear that violation of art. 19(2) will render passage of a foreign ship non-innocent.
On the other hand, violation of national legislation adopted under art. 21(1) does
not necessarily lead to non-innocence, although the ship involved in the violation
may be subject to penalties imposed by the coastal State.