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Author: Bing Bing Jia Publisher: Oxford University Press ISBN: 9780198265566 Category : Freedom of the seas Languages : en Pages : 324
Book Description
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.
Author: Bing Bing Jia Publisher: Oxford University Press ISBN: 9780198265566 Category : Freedom of the seas Languages : en Pages : 324
Book Description
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.
Author: Hugo Caminos Publisher: Cambridge University Press ISBN: 1316060608 Category : Law Languages : en Pages : 531
Book Description
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.
Author: Ana G. López Martín Publisher: Springer Science & Business Media ISBN: 3642129064 Category : Law Languages : en Pages : 218
Book Description
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.
Author: David D. Caron Publisher: Martinus Nijhoff Publishers ISBN: 9004266372 Category : Law Languages : en Pages : 378
Book Description
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.
Author: Nihan Ünlü Publisher: Martinus Nijhoff Publishers ISBN: 9789041119049 Category : Law Languages : en Pages : 228
Book Description
This is the thirteenth book in the series International Straits of the World initiated and edited at the Graduate College of Marine Studies of the University of Delaware. In 1987 the ninth book in this series dealt with the Turkish Straits. Since then, however, the rapid developments of the law of the sea, especially with regard to coastal state jurisdiction and the status of international straits, has called for a new analysis of the heavily-trafficked, narrow waterway that links the Mediterranean Sea with the Black Sea. The 1982 UN Convention on the Law of the Sea provided a special regime for straits used for international navigation. [...Nothing in this part of the convention, however, affected the legal regime of the Turkish Straits. The convention exempted those straits in which passage was regulated in whole or in part by long-standing international conventions specifically related to that strait. The Montreux Convention of 1936, still in force, was designed to regulate passage through the Dardanelles, the Sea of Marmara, and the Bosporus - or the Turkish Straits. Dr. Ünlü has addressed 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.[...] In sum, can the convention be sustained as it is, modified by unilateral action, denounced by the parties, or its provisions changed in some other way by international action? The author has even explored the possibility of making the straits a particularly sensitive sea area, allowing the coastal state to take expanded jurisdiction to prevent marine pollution. Dr. Ünlü has done a great service to scholarship on the legal regime of the Turkish Straits. She has left her readers with 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.
Author: Alexander Lott Publisher: BRILL ISBN: 9004365044 Category : Law Languages : en Pages : 322
Book Description
In The Estonian Straits Alexander Lott establishes the interrelations between the main legal categories of straits and provides legal classifications for the Viro Strait, the Irbe Strait and the Sea of Straits in the north-eastern part of the Baltic Sea.
Author: Francis Ngantcha Publisher: Burns & Oates ISBN: Category : Law Languages : en Pages : 248
Book Description
This is a contribution to the debate about the Law of the Sea, published to coincide with the signing of a new Convention. Despite comprehensive international rules on navigation contained in the 1982 Law of the Sea Convention, the right of innocent passage for all ships is still controversial in many respects - particularly the definition of non-innocent passsage, the recognition of the possibility of declarations, the innocent passage of warships or other special sea vessels.
Author: Nihan Ünlü Publisher: BRILL ISBN: 9004481346 Category : Law Languages : en Pages : 212
Book Description
This is the thirteenth book in the series International Straits of the World initiated and edited at the Graduate College of Marine Studies of the University of Delaware. In 1987 the ninth book in this series dealt with the Turkish Straits. Since then, however, the rapid developments of the law of the sea, especially with regard to coastal state jurisdiction and the status of international straits, has called for a new analysis of the heavily-trafficked, narrow waterway that links the Mediterranean Sea with the Black Sea. The 1982 UN Convention on the Law of the Sea provided a special regime for straits used for international navigation. [...Nothing in this part of the convention, however, affected the legal regime of the Turkish Straits. The convention exempted those straits in which passage was regulated in whole or in part by long-standing international conventions specifically related to that strait. The Montreux Convention of 1936, still in force, was designed to regulate passage through the Dardanelles, the Sea of Marmara, and the Bosporus - or the Turkish Straits. Dr. Ünlü has addressed 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.[...] In sum, can the convention be sustained as it is, modified by unilateral action, denounced by the parties, or its provisions changed in some other way by international action? The author has even explored the possibility of making the straits a particularly sensitive sea area, allowing the coastal state to take expanded jurisdiction to prevent marine pollution. Dr. Ünlü has done a great service to scholarship on the legal regime of the Turkish Straits. She has left her readers with 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.
Author: Bing Bing Jia
Author: Bing Bing Jia
Author: Hugo Caminos
Author: Hugo Caminos
Author: Ana G. López Martín
Author: David D. Caron
Author: Nihan Ünlü
Author: Alexander Lott
Author: Francis Ngantcha
Author: Hiran W. Jayewardene
Author: Nihan Ünlü