The Strait of Magellan

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Martinus Nijhoff Publishers, Jul 27, 1989 - Law - 237 pages
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After an introductory chapter concerning the definition of 'Straits used for international navigation', the author examines in detail the evolution of the question in the years prior to the convening of UNCLOS-III, during the preparatory works of the Sea-Bed Committee & throughout the Conference. The second part of the book studies the legal norms set up by the 1982 UN Convention on the Law of the Sea concerning the regime of transit passage for maritime & air navigation applicable in most of the straits used for international navigation & the regime of innocent passage residually applied in the other straits. In the final chapter, the author makes a critical appraisal of the new regimes of navigation & overflight in straits, exposes the implications of such regimes in Spain, analyzes the applicability of the Convention's regulations before their coming into force, & examines the practice followed in the last few years by the most important States which favoured or opposed the regime of transit passage. From his position as Deputy-Head of the Spanish Delegation to the Law of the Sea Conference, Ambassador de Yturriaga participated from the very beginning in the work of UNCLOS-III & was an active protagonist in the debates of the straits' question. The book offers a first hand testimony of the straits' negotiation, which will be extremely useful for scholars & students of the Law of the Sea.
 

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Contents

South Americas Southern Cone
2
The Tip of South Americas Southern Cone
4
Early European Rivalries Over the Southern Passages
6
The Far South
13
Table of Contents
14
Chilean Integration of the Strait of Magellan
21
Economic Characteristics
27
Shipping Through the Strait of Magellan
34
Overlapping Claims to Territorial Sovereignty in Antarcticas American Sector
124
The South Pacific
129
Air Warfare and Nuclear Weapons
141
Antarctica in Chilean Policy
147
The Geneva Conventions of 1949 and Nuclear Weapons
153
The South Atlantic Ocean
160
NUCLEAR WEAPONS AND THE LAW OF WAR
163
Nuclear Weapons and International Law Doctrines
175

Economic Aspects of the Far South
40
Politics and Economics
50
The Historical Legacy
53
Disputes Over Article V
68
Papal Mediation
83
Maritime Demarcation Lines of 1984 ArgentineChilean Treaty
88
Implications of the 1984 Treaty
98
Argentine and Chilean Military Strategies Compared
115
Argentine and Chilean Recognized and Unrecognized Ocean Claims
117
The Chilean Sea After the 1984 Treaty
118
The Argentine Sea After the 1984 Treaty
119
Antarctica in Argentine Policy
181
Conclusions
187
Mankind
199
Appendices
204
An Era of Transition in International Relations and International Law
205
EASTWEST DETENTE AND THE TREATYMAKING
221
Index
227
Treaties and Related Declarations 415
xxv
The Moscow Partial Test Ban Treaty 1963 230
xxvi
Copyright

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Page 14 - The majority of the Commission declared itself opposed to the study of the problem at the present stage [1949]. It was considered that if the Commission, at the very beginning of its work, were to undertake this study, public opinion might interpret its action as showing lack of confidence in the efficiency of the means at the disposal of the United Nations for maintaining...

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About the author (1989)

Jacques Maurais is currently with the Conseil de la langue francaise in Quebec City. He has edited various works on sociolinguistics and language planning and is the author of more than one hundred specialised articles and chapters in books on language planning, sociolinguistics, and terminology as well as some monographs.

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