Home >
Law >
International Law >
The Legal Regime of Straits: Contemporary Challenges and Solutions

The Legal Regime of Straits: Contemporary Challenges and Solutions

Author: Hugo Caminos; Vincent P. Cogliati-Bantz
Publisher: Cambridge University Press
ISBN: 9781107003767
Published In: January 2015
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

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.

Part I. Applicable Law:

1. Customary and conventional law

2. Law of peace and law of war

Part II. Right of Transit ratione loci: Straits Used for International Navigation:

3. Applicability of the right of transit under Part III: exclusions

4. Applicability of the right of transit under Part III: straits used for international navigation defined

Part III. Right of Transit ratione materiae: Definition of Transit Passage:

5. Transit passage and other passage rights

6. Transit passage defined

Part IV. Allocation of Competences Over Areas where Transit Applies:

7. Sovereignty of States bordering straits

8. Limitation of the sovereignty of States bordering straits