The Legal Regime of Straits
The Legal Regime of Straits

Author: Hugo Caminos

Publisher: Cambridge University Press

Published: 2014-12-22

Total Pages: 531

ISBN-13: 1316060608

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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.

Navigating Straits
Navigating Straits

Author: David D. Caron

Publisher: Martinus Nijhoff Publishers

Published: 2014-02-20

Total Pages: 378

ISBN-13: 9004266372

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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.

The Åland Strait
The Åland Strait

Author: Pirjo Kleemola-Juntunen

Publisher: BRILL

Published: 2019-03-19

Total Pages: 183

ISBN-13: 9004364188

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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.

International Straits
International Straits

Author: Ana G. López Martín

Publisher: Springer Science & Business Media

Published: 2010-08-14

Total Pages: 239

ISBN-13: 3642129064

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The four 1958 Geneva Conventions on the Law of the Sea, which codi?ed and progressively developed this sector of our legislation, were rather ephemeral despite the fact that they were constituent Conventions. In fact, the 1982 United Nations Convention on the Law of the Sea (UNCLOS) again undertook the same task with the same spirit 20 years later after a long drawn out global negotiation process in which all the marine areas and problems pending were analysed and discussed by the countries attending, and an apparently strengthened majority was attained, including the essential agreement between the principal naval powers and the third world countries, symbolised most grossly in the recognition of exclusive economic areas which were 200 miles wide in exchange for a signi?cant alteration to the legal rules applicable to the international straits. From 1973 to 1982, the negotiations showed that there were a number of particular factors affecting the seas: “strait” countries, user countries, long range ?shing countries, embedded countries, archipelagic countries, broad platform countries, etc. In 1982 when the UNCLOS was adopted, it seemed to be a text with justi?ed pretensions to be in force for a long period of time as the nine years of negotiations required for its adoption had taken into account the main problems pending agreement although not absolutely all.

Excessive Maritime Claims
Excessive Maritime Claims

Author: J. Ashley Roach

Publisher: Martinus Nijhoff Publishers

Published: 2012-06-22

Total Pages: 998

ISBN-13: 9004217738

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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.

The Estonian Straits
The Estonian Straits

Author: Alexander Lott

Publisher: BRILL

Published: 2018-04-03

Total Pages: 322

ISBN-13: 9004365044

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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).

Japanese Maritime Security and Law of the Sea
Japanese Maritime Security and Law of the Sea

Author: Yurika Ishii

Publisher: BRILL

Published: 2021-12-20

Total Pages: 255

ISBN-13: 9004500413

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Japan, the geopolitical lynchpin in the East Asian region, has developed a unique maritime security policy and interpretation of the law of the sea. Japanese Maritime Security and the Law of the Sea examines Japan’s domestic laws and its approach to international law.

The Regime of Straits in International Law
The Regime of Straits in International Law

Author: Bing Bing Jia

Publisher: Oxford University Press

Published: 1998

Total Pages: 324

ISBN-13: 9780198265566

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Straits are peripheral formations in the study of geography, but have long been a source of controversy in international relations. They connect separate seas and divide the territory of states. This geographical fact invites legal disputes over international boundary drawing, request forpassage by foreign ships, assertion of territorial control over the waters forming straits, and the basis for a regime generally accepted as law in our times. This is a thorough and well-documented book which combines elements of history, geography, international shipping, and the law of the sea. Itasks the central question: what exactly is the current law governing this area, and also goes on to consider the concept of international straits, the distinction between existing treaty-based regimes and the general regime, and the special characteristics of straits that separate them from similararms of the sea in terms of law. In answering these questions, the author takes us back to the first regime for international straits in 1949, through to the practices of the present day. This will be an invaluable text for all international lawyers, particularly those specializing in the law ofsea.

The Future of Ocean Regime-Building
The Future of Ocean Regime-Building

Author: Aldo Chircop

Publisher: BRILL

Published: 2009-02-23

Total Pages: 800

ISBN-13: 9047426142

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One of the most creative innovations of the international diplomatic community in the 20th century was its invention of the international regime,” wrote Douglas M. Johnston in his last major work published posthumously (The Historical Foundations of World Order: The Tower and the Arena, Nijhoff, 2008). While regimes often provide order and certainty and a consequent reduction in disputes and misunderstandings, regimes are driven by specific concerns. With diverse disciplinary backgrounds and perspectives, the distinguished contributors to this tribute follow a long tradition of scholarly inquiry into the governance, creation, operation, viability and maintenance of international regimes. Their contributions on ocean and environmental regimes as diverse as fisheries, ocean dumping, maritime security, seafarers’ rights, or enhancement of marine environmental protection attest to the depth to which modern international law and the underlying international relations have been transformed into an international law of structured cooperation. This book includes biographical and bibliographic notes on Douglas M. Johnston