International Straits: Concept, Classification and Rules of Passage

ISBN-13: 9783642435669 / Angielski / Miękka / 2014 / 218 str.

Ana G. Lopez Martin

Opis

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."

Recenzje

From the reviews:

"International Straits: Concept, Classification and Rules of Passage is a compact volume and a product of renewed efforts to understand the current status of the rules and practice surrounding straits. ... remains universally useful as many issues are argued in an objective way and from a general perspective. In conclusion, with its unique contributions to the academic efforts in the law of the sea, International Straits commends itself to the attention of scholars and practitioners, and for this the author deserves congratulations." (Lesther Antonio Ortega Lemus, International Journal of Marine & Coastal Law, Vol. 27 (3), 2012)

Spis treści

The First Steps in the Regulation of Passage Through the Straits: From Grotius to Pardo.- The Third Conference of the United Nations on the Law of the Sea or the Metamorphosis of Consensus.- The Definition of the ‘Undefined’ Straits Used for International Navigation.- The Standardised Catalogue of International Straits Presented in Part III of the 1982 United Nations Convention on the Law of the Sea.- International Straits and the Right of Innocent Passage with No Possibility of Suspension.- The New Regime of Transit Passage Through International Straits.

Blurb

This book analyzes the regime of navigation in historical relation to the United Nations Convention of the Law of Sea (UNCLOS) of 10 December 1982, and then analyzes in detail the concept of international straits to arrive at a complete definition. This work examines the eight categories of straits laid out in the UNCLOS. It analyzes the right of innocent passage and the regime of transit passage, both systems of navigation in international straits, and then presents the domestic legislation and the traffic separation schemes which apply to international straits. Finally, the work includes a complete catalogue of straits with the reference to their respective UNCLOS articles.