The Regime of Straits in International LawStraits 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 for passage 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. It asks 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 similar arms 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 of sea. |
Contents
List of Abbreviations | xxi |
Table of Treaties | xxxi |
Table of Cases | xli |
Table of Relevant Proposals Submitted at UNCLOS III | xlix |
Table of Declarations Resolutions and Reports of the SecretaryGeneral | lvii |
Navigational Aids and the Geographical Criterion | 28 |
Chapter 3 | 34 |
The Criterion of Use for International Navigation in the Practice | 48 |
The Danish Belts and the Sound | 115 |
The Strait of Magellan | 121 |
Chapter 7 | 129 |
The Definition and Scope of the Right of Transit Passage | 138 |
Duties for Aircraft in Transit Passage | 155 |
Article 43 | 165 |
The Right of Transit Passage in State Practice | 171 |
Evaluation of State Practice in the Light of the Concept | 197 |
Common terms and phrases
1958 Convention Agreement aircraft Albanian Annex Annuaire apply BDIL Beagle Channel BFSP Brownlie Brüel Canada CLOS coastal Committee concerning Corfu Channel Counter-Memorial Court criterion CTSCZ customary law Danish declared Denmark draft articles Droit International existing Fauchille foreign ships foreign warships freedom of navigation geographical Greece Gulf high seas Ibid ICJ Pleadings ICJ Rep Indonesia Indreleia innocent passage internal waters International Law International Law Commission international navigation international straits Island juridical bays Lapidoth LOSB LOSI Malaysia O'Connell paras parties passage of warships passage through straits Platzöder ports practice prior provisions ratified regarded regime of passage regime of transit regulations RGDIP right of innocent right of passage right of transit Rosenne route rules sect Sess Soviet Spain Strait of Magellan Strait of Tiran Straits of Malacca Supp territorial sea territorial waters traffic transit passage Treaty UNCLOS UNLS USSR vessels YBILC Yemen