The Regime of Straits in International Law

Front Cover
Clarendon Press, 1998 - Law - 253 pages
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.
 

Contents

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 Ivii
lvii
Introduction
1
20
3
Navigational Aids and the Geographical Criterion
28
Introduction
34
The Turkish Straits
110
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

The Criterion of Use for International Navigation in the Practice
48
Conclusions
76
8885
84
The Customary Law for Passage through International Straits
90
The Influence of the Judgment both before and at UNCLOS I
98
The UN SeaBed Committee
104
Evaluation of State Practice in the Light of the Concept
197
Conclusions
209
Select Bibliography
217
Index
251
Copyright

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