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The Turkish Straits are one of the most significant waterways in the world. The straits serve as a link between the Black Sea and the Mediterranean, connecting Europe and Asia. The Straits have been a crucial passage for trade and commerce for centuries. However, their strategic location also makes them a potential chokepoint in times of war or conflict. The legal and political status of the Turkish Straits has been a subject of concern for many countries, especially those that rely on these waterways for their trade and security. In an attempt to regulate the legal and political status of the Turkish Straits, which has been a topic of discussion and debate for many years, international treaties and agreements have been used to establish an agreed regime among states. The aim of this book is to provide an overview of the legal and political status of the Turkish Straits. The book analyzes the various international treaties and conventions that regulate the use of the straits and their implications for the parties involved.
In the thirteenth book of the series International Straits of the World, Dr. Nihan Ünlü addresses a key international policy question, namely, in the light of the evolving law of the sea and the special role of the International Maritime Organization, should the 1936 Montreux Convention be amended or denounced - or changed by some unilateral act of Turkey. Dr. Ünlü explores policy options that will be useful in trying to reconcile the use of a strait not covered by the 1982 Law of the Sea Convention with the exigencies of modern international law.
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.
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.