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 right of transit passage in straits and the analogous right of archipelagic sealanes passage in archipelagic states, negotiated in the 1970s and embodied in the 1982 UNCLOS, sought to approximate the freedom of navigation and overflight while expressly recognising the sovereignty or jurisdiction of the coastal state over the waters concerned. However, the allocation of rights and duties of the coastal state and third states is open to interpretation. Recent developments in state practice, such as Australia's requirement of compulsory pilotage in the Torres Strait, the bridge across the Great Belt and the proposals for a bridge across the Strait of Messina, the enhanced environmental standards applicable in the Strait of Bonifacio and Canada's claims over the Arctic Route, make it necessary to reassess the whole common law of straits. The Legal Regime of Straits examines the complex relationship between the coastal state and the international community.
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.
Based on author's thesis (doctoral - University of Lapland, 2014) issued under title: Passage rights in international law: a case study of the territorial waters of the êAland Islands.
The climate and other characteristics of the polar regions have been major factors in shaping the legal regime applicable to the polar oceans. In Antarctica, states have had to grapple with the question of how to account for developments in the Law of the Sea, while preserving the compromise over sovereignty contained in the Antarctic Treaty. The Arctic also has presented challenges for the Law of the Sea, as illustrated by the continued attention given to special rules for polar shipping. The 1982 United Nations Convention on the Law of the Sea has led to substantial agreement on the legal regime of ocean spaces. The present volume explores the impact the Convention has had on the polar regions in this respect, including after its entry into force in 1994. To this end, it looks at a number of issue areas in the field of maritime delimitation (baselines, maritime zones, delimitation of maritime zones betweenm neighboring states) and jursidiction (environmental protection, navigation and fisheries) from a bipolar perspective. It is strongly suggested that the legal regime of the polar oceans will be further elaborated to more effectively deal with existing activities or to accommodate new activities. It is likely that the United Nations Convention of the Law of the Sea will continue to provide the basic legal framework for this exercise and that states will be careful not to unravel the delicate balance contained in it.
The Academy is an institution for the study and teaching of Public and Private International Law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law. This volume contains: - Le droit international à la recherche de ses valeurs: paix, développement, deémocratisation (conférence inaugurale), par B. BOUTROS-GHALI, membre du Curatorium de l'Académie; secrétaire général de la Francophonie, Paris. - The Evolution of International Law of the Sea: New Issues, New Challenges by T. SCOVAZZI, Professor at the University of Milan-Bicocca. - Capital Markets and Conflict of Laws by H. KRONKE, Professor at the Institute of Foreign and International Private and Economic Law, Heidelberg.To access the abstract texts for this volume please click here"
Yohei Sasakawa The Northern Sea Route is the shortest shipping route connecting the Far East and Europe. However, the route has been practically inaccessible to commercial vessels, due to the harsh natural conditions in the area, which make navigation possible for only a small part of the year, and then only with an icebreaker leading the way. Opening the Northern Sea Route would greatly facilitate international shipping, making two routes - a northbound one through the NSR, and a southbound one through Suez- available throughout all seasons. The Northern Sea Route would also help to boost economic development, including the exploitation of natural resources in Russian regions along the coast of the Arctic Ocean. Thanks to international cooperation, we have been able to set up and successfully conclude a special project to investigate the possibilities of developing the Northern Sea Route as a commercial route, while protecting the environment, wildlife and peoples of the Arctic Ocean region. This represents a highly significant step in terms of future global development.