Navigating Straits

Navigating Straits
Author :
Publisher : Martinus Nijhoff Publishers
Total Pages : 378
Release :
ISBN-10 : 9789004266377
ISBN-13 : 9004266372
Rating : 4/5 (77 Downloads)

Synopsis Navigating Straits by : David D. Caron

The importance of straits, particularly those used in international navigation, has been long recognized in international law. One of the important debates during the Third United Nations Law of the Sea Conference concerned the regime of passage through straits used in international navigation. The result was the creation of a multi-tiered legal framework of passage that included the entirely a new “transit passage” regime. Although over thirty years have passed since the adoption of the 1982 United Nations Convention of the Law of the Sea, the vital role played by straits in the global communications network continues to be surrounded by conflicts between the interests of coastal states and shipping. Challenges still exist to achieving the simultaneous global goals of secure passage of vessels and protection of the marine environment. In Navigating Straits: Challenges for International Law, internationally recognized international law scholars provide in-depth analysis of the legal challenges in straits concerning security, piracy, safety and environmental protection. All readers interested in international and law of the sea will find this seminal volume of interest.

Straits Used for International Navigation

Straits Used for International Navigation
Author :
Publisher : Martinus Nijhoff Publishers
Total Pages : 400
Release :
ISBN-10 : 0792311418
ISBN-13 : 9780792311416
Rating : 4/5 (18 Downloads)

Synopsis Straits Used for International Navigation by : José Antonio de Yturriaga

After an introductory chapter concerning the definition of Straits used for international navigation', the author examines in detail the evolution of the question in the years prior to the convening of UNCLOS-III, during the preparatory works of the Sea-Bed Committee and throughout the Conference. The second part of the book studies the legal norms set up by the 1982 UN Convention on the Law of the Sea concerning the regime of transit passage for maritime and air navigation applicable in most of the straits used for international navigation and the regime of innocent passage residually applied in the other straits. In the final chapter, the author makes a critical appraisal of the new regimes of navigation and overflight in straits, exposes the implications of such regimes in Spain, analyzes the applicability of the Convention's regulations before their coming into force, and examines the practice followed in the last few years by the most important States which favoured or opposed the regime of transit passage. From his position as Deputy-Head of the Spanish Delegation to the Law of the Sea Conference, Ambassador de Yturriaga participated from the very beginning in the work of UNCLOS-III and was an active protagonist in the debates of the straits' question. The book offers a first hand testimony of the straits' negotiation, which will be extremely useful for scholars and students of the Law of the Sea.

Excessive Maritime Claims

Excessive Maritime Claims
Author :
Publisher : Martinus Nijhoff Publishers
Total Pages : 998
Release :
ISBN-10 : 9789004217737
ISBN-13 : 9004217738
Rating : 4/5 (37 Downloads)

Synopsis Excessive Maritime Claims by : J. Ashley Roach

This title is designed for law of the sea and maritime law specialists. The coverage includes current affairs in martime law such as submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement.

Straits Used for International Navigation

Straits Used for International Navigation
Author :
Publisher : BRILL
Total Pages : 389
Release :
ISBN-10 : 9789004478893
ISBN-13 : 9004478892
Rating : 4/5 (93 Downloads)

Synopsis Straits Used for International Navigation by : José A. Yturriaga

After an introductory chapter concerning the definition of `Straits used for international navigation', the author examines in detail the evolution of the question in the years prior to the convening of UNCLOS-III, during the preparatory works of the Sea-Bed Committee and throughout the Conference. The second part of the book studies the legal norms set up by the 1982 UN Convention on the Law of the Sea concerning the regime of transit passage for maritime and air navigation applicable in most of the straits used for international navigation and the regime of innocent passage residually applied in the other straits. In the final chapter, the author makes a critical appraisal of the new regimes of navigation and overflight in straits, exposes the implications of such regimes in Spain, analyzes the applicability of the Convention's regulations before their coming into force, and examines the practice followed in the last few years by the most important States which favoured or opposed the regime of transit passage. From his position as Deputy-Head of the Spanish Delegation to the Law of the Sea Conference, Ambassador de Yturriaga participated from the very beginning in the work of UNCLOS-III and was an active protagonist in the debates of the straits' question. The book offers a first hand testimony of the straits' negotiation, which will be extremely useful for scholars and students of the Law of the Sea.

The Russian Arctic Straits

The Russian Arctic Straits
Author :
Publisher : BRILL
Total Pages : 291
Release :
ISBN-10 : 9789047406723
ISBN-13 : 9047406729
Rating : 4/5 (23 Downloads)

Synopsis The Russian Arctic Straits by : R. Douglas Brubaker

The issues surrounding the regimes of ice-covered areas, international straits, and passage rights of State vessels are analysed for the purpose of assessing the status of law and State practice in Russian Arctic waters.

The Estonian Straits

The Estonian Straits
Author :
Publisher : BRILL
Total Pages : 322
Release :
ISBN-10 : 9789004365049
ISBN-13 : 9004365044
Rating : 4/5 (49 Downloads)

Synopsis The Estonian Straits by : Alexander Lott

In The Estonian Straits, Alexander Lott establishes the interrelations between the main legal categories of straits. Through this detailed and exceptional account, he provides legal classifications for the Viro Strait in the Gulf of Finland as well as the Irbe Strait and the Sea of Straits in the Gulf of Riga. Consequently, the passage rights of foreign ships and aircrafts in the northeastern part of the Baltic Sea are determined. The author demonstrates that the legal regime of the Estonian Straits has been and continues to be determined by such factors as the outer limits of maritime zones, treaties, islands, maritime boundary delimitation, domestic law on internal waters and baselines as well as geopolitical implications (particularly the concept of State continuity).

The Legal Regime of the Turkish Straits

The Legal Regime of the Turkish Straits
Author :
Publisher : Martinus Nijhoff Publishers
Total Pages : 228
Release :
ISBN-10 : 9041119043
ISBN-13 : 9789041119049
Rating : 4/5 (43 Downloads)

Synopsis The Legal Regime of the Turkish Straits by : Nihan Ünlü

This is the thirteenth book in the series International Straits of the World initiated and edited at the Graduate College of Marine Studies of the University of Delaware. In 1987 the ninth book in this series dealt with the Turkish Straits. Since then, however, the rapid developments of the law of the sea, especially with regard to coastal state jurisdiction and the status of international straits, has called for a new analysis of the heavily-trafficked, narrow waterway that links the Mediterranean Sea with the Black Sea. The 1982 UN Convention on the Law of the Sea provided a special regime for straits used for international navigation. [...Nothing in this part of the convention, however, affected the legal regime of the Turkish Straits. The convention exempted those straits in which passage was regulated in whole or in part by long-standing international conventions specifically related to that strait. The Montreux Convention of 1936, still in force, was designed to regulate passage through the Dardanelles, the Sea of Marmara, and the Bosporus - or the Turkish Straits. Dr. Ünlü has addressed a key international policy question, namely, in the light of the evolving law of the sea and the special role of the International Maritime Organization, should the 1936 Montreux Convention be amended or denounced - or changed by some unilateral act of Turkey.[...] In sum, can the convention be sustained as it is, modified by unilateral action, denounced by the parties, or its provisions changed in some other way by international action? The author has even explored the possibility of making the straits a particularly sensitive sea area, allowing the coastal state to take expanded jurisdiction to prevent marine pollution. Dr. Ünlü has done a great service to scholarship on the legal regime of the Turkish Straits. She has left her readers with policy options that will be useful in trying to reconcile the use of a strait not covered by the 1982 Law of the Sea Convention with the exigencies of modern international law.