Art. 4(1) read: "A Coastal State may put no obstacles in the way of the innocent
passage of foreign vessels in the territorial sea." Art. 6(2) stated that: "The Coastal State
may not, however, apply these rules or regulations in such a manner as to discriminate
between foreign vessels of different nationalities, nor save in matters relating to fishing
and shooting, between national and foreign vessels." Art. 7(2) went further to stress
that: "These charges shall be levied without discrimination." Ibid, at 7 f
188 Part 4: Jurisdiction over Foreign Merchant Ships in the Territorial Sea
The ILC adopted a similar formula in its 1956 draft, where the laws and
regulations relating to "transport and navigation" were particularly put in the
foreground.^^^ To further clarify the connotation of these laws and regulations
relating to "transport and navigation", the ILC worked out a list of examples over
which the coastal State might be entitled to adopt laws and regulations. That list
included: