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The four 1958 Geneva Conventions on the Law of the Sea, which codi?ed and progressively developed this sector of our legislation, were rather ephemeral despite the fact that they were constituent Conventions. In fact, the 1982 United Nations Convention on the Law of the Sea (UNCLOS) again undertook the same task with the same spirit 20 years later after a long drawn out global negotiation process in which all the marine areas and problems pending were analysed and discussed by the countries attending, and an apparently strengthened majority was attained, including the essential agreement between the principal naval powers and the third world countries, symbolised most grossly in the recognition of exclusive economic areas which were 200 miles wide in exchange for a signi?cant alteration to the legal rules applicable to the international straits. From 1973 to 1982, the negotiations showed that there were a number of particular factors affecting the seas: “strait” countries, user countries, long range ?shing countries, embedded countries, archipelagic countries, broad platform countries, etc. In 1982 when the UNCLOS was adopted, it seemed to be a text with justi?ed pretensions to be in force for a long period of time as the nine years of negotiations required for its adoption had taken into account the main problems pending agreement although not absolutely all.
The importance of straits, particularly those used in international navigation, has been long recognized in international law. One of the important debates during the Third United Nations Law of the Sea Conference concerned the regime of passage through straits used in international navigation. The result was the creation of a multi-tiered legal framework of passage that included the entirely a new “transit passage” regime. Although over thirty years have passed since the adoption of the 1982 United Nations Convention of the Law of the Sea, the vital role played by straits in the global communications network continues to be surrounded by conflicts between the interests of coastal states and shipping. Challenges still exist to achieving the simultaneous global goals of secure passage of vessels and protection of the marine environment. In Navigating Straits: Challenges for International Law, internationally recognized international law scholars provide in-depth analysis of the legal challenges in straits concerning security, piracy, safety and environmental protection. All readers interested in international and law of the sea will find this seminal volume of interest.
This title is designed for law of the sea and maritime law specialists. The coverage includes current affairs in martime law such as submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement.
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.
In The Estonian Straits, Alexander Lott establishes the interrelations between the main legal categories of straits. Through this detailed and exceptional account, he provides legal classifications for the Viro Strait in the Gulf of Finland as well as the Irbe Strait and the Sea of Straits in the Gulf of Riga. Consequently, the passage rights of foreign ships and aircrafts in the northeastern part of the Baltic Sea are determined. The author demonstrates that the legal regime of the Estonian Straits has been and continues to be determined by such factors as the outer limits of maritime zones, treaties, islands, maritime boundary delimitation, domestic law on internal waters and baselines as well as geopolitical implications (particularly the concept of State continuity).
The issues surrounding the regimes of ice-covered areas, international straits, and passage rights of State vessels are analysed for the purpose of assessing the status of law and State practice in Russian Arctic waters.
Until now, it has been accepted that the Turkish Straits - the Russian fleet's gateway to the Mediterranean - were a key factor in shaping Russian policy in the years leading to World War I. Control of the Straits had always been accepted as the major priority of Imperial Russia's foreign policy. In this powerfully argued revisionist history, Ronald Bobroff exposes the true Russian concern before the outbreak of war: the containment of German aggression. Based on extensive new research, Bobroff provides fascinating new insights into Russia's state development before the revolution, examining the policies and personal correspondence of its policy makers. And through his detailed examination of the rivalries and alliances of the Triple Entente, he sheds new light on European diplomacy at the beginning of the twentieth century.
Navigational rights and freedoms have been central to the development of the law of the sea since the original debates over whether the seas were `open' or `closed' to maritime traffic. The 1982 UN Convention on the Law of the Sea recognises the legitimate rights of coastal states to proclaim sovereignty and assert jurisdiction over vast areas of maritime space. In return, maritime states are given a range of navigational rights over waters ranging from the territorial sea through to the high sea. The new regime of the law of the sea created by the Convention presents an opportunity to review developments in the law of navigational rights and freedoms. This book assesses the navigational regime established by the 1982 Convention, with emphasis given to the continuing importance of the freedom of the seas. Navigation in the territorial sea and international straits is reviewed, especially in the Straits of Malacca and Singapore, and the Torres Strait. Archipelagic navigation from the perspective of two claimant states, Indonesia and the Philippines, and a user state, South Korea, is also considered. The interaction of environmental concerns with navigational rights is an important feature of the current law of the sea regime with relevant conventions assessed and the role of the International Maritime Organization in developing navigational standards considered. Both European and Canadian practice in the protection of sensitive marine environments and the impact upon navigational rights is also considered. Finally, the roles of the International Tribunal for the Law of the Sea and the International Maritime Organization in dispute resolution are reviewed, before a concluding consideration of the future for navigational rights and freedoms in the twenty-first century.
In Taiwan Straits: Crisis in Asia and the Role of the U.S. Navy, historian Bruce Elleman surveys the situation that has led to the current tensions between China and Taiwan. Starting in 1949, the final phase of the civil war in China, which ended with Communist rule of the mainland and nationalist control of Taiwan, this work explores how the 100-mile wide passage of water, known as the Taiwan Strait has served as the geographic flashpoint between the two nations. Even though U.S. Navy destroyers have patrolled this body of water from 1950 to 1979, it has seen four crises—1954-55, 1958, 1962, and, after the withdrawal of the U.S. Navy, 1995-96—that threatened to push Taiwan and China to the brink of war. Notwithstanding the role of the United States in defusing cross-strait tensions for some three decades and the cold peace that has settled in since then, the Taiwan Strait continues to be a major source of anxiety for the region and the world. Taiwan Straits: Crisis in Asia and the Role of the U.S. Navy traces the evolution of this tension between the two nations, details the history of the crises between them, and brings this story forward into the present by considering continuing sources of conflict, present diplomatic efforts by the aggrieved nations, and other key interests—from the United States and Europe to other regional powers—and future possible outcomes in the ongoing struggle between China and Taiwan relations. Simply written and cogently argued, it is the ideal source for military personnel, diplomats, and scholars and student of the modern Far East.