structural:scholar_edition
Territorial waters

Except for its far eastern end, the Strait lies within the territorial waters of Spain and Morocco. The United Kingdom claims 3 nautical miles (5.6 km; 3.5 mi) around Gibraltar on the northern side of the Strait, putting part of it inside British territorial waters. As this is less than the 12 nautical miles (22 km; 14 mi) maximum, it means, according to the British claim, that part of the Strait lies in international waters. The ownership of Gibraltar and its territorial waters is disputed by Spain. Similarly, Morocco disputes Spanish sovereignty over Ceuta on the southern coast. There are several islets, such as the disputed Isla Perejil, that are claimed by both Morocco and Spain.

Under the United Nations Convention on the Law of the Sea, vessels passing through the strait do so under the regime of transit passage, rather than the more limited innocent passage allowed in most territorial waters. Therefore, a vessel or aircraft has the freedom of navigation or overflight for the purpose of crossing the strait of Gibraltar.