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 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. |
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Contents
Table of Treaties | xxxi |
Table of Cases | xli |
Table of Legislation | xlix |
Table of Declarations Resolutions and Reports of the SecretaryGeneral Ivii | lvii |
Introduction | 1 |
55 | 8 |
Navigational Aids and the Geographical Criterion | 28 |
Chapter 3 | 34 |
The Danish Belts and the Sound | 115 |
74 | 118 |
The Strait of Magellan | 121 |
རྣན མི འམཉྙ8 ཨྰཿཨྰཿཎྜ ཎྜ ཎྜ | 122 |
Chapter 7 | 129 |
The Definition and Scope of the Right of Transit Passage | 138 |
Duties for Aircraft in Transit Passage | 155 |
Article 43 | 165 |
Common terms and phrases
accepted accordance affected Agreement aids aircraft Annex applied areas Article bays Belt BFSP Boundary British Brüel Canada claim CLOS coast coastal Committee concerning Conference connecting considered Convention Corfu Channel Court criterion customary law Danish decisive Denmark established exercise existing fact Fisheries force foreign freedom Further geographical Gulf Hague high seas Ibid ICJ Pleadings ICJ Rep importance Indreleia innocent passage internal waters International Law international navigation international straits Island Italy July Limits Maritime Meeting natural Norway Norwegian O'Connell Order para paras parties pass Peace ports position practice principle prior proposal provisions question recognized reference regarded regime regulations relating Report respect right of innocent right of passage right of transit route rules sect ships Sound status Supp territorial sea territorial waters traffic transit passage Treaty UNCLOS United UNLS vessels YBILC