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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Right of Innocent Passage and the Evolution of the International Law of the Sea

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Francis NgantchaGraduate Institute of International Studies, Geneva, Switzerland

ISBN13: 9780861878512
ISBN: 0861878515
Published: April 1990
Publisher: Continuum International Publishing Group Ltd.
Format: Hardback
Price: Out of print

Out of Print - October 2001 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.;The author believes that, within the letter of the 1982 Convention, coastal states can still decide alone whether or not passage is innocent and take appropriate measures. Controversy and conflict will continue to arise and the dispute settlement machinery of the UNCLOS, even when in force, may well be disputed in application to innocent passage conflicts.

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Legal status of the adjacent coastal waters and the regime of passage (evolutionary perspective); the right of innocent passage as classical exception to coastal state sovereignty in coastal waters; the scope of the right of innocent passage in certain coastal zones; ocean vessels and their exercise of the right of innocent passage - private vessels; public vessels and their exercise of the right of innocent passage; rights and obligations of the coastal state and the foreign vessel/flag state connected with the exercise of the right of innocent passage in coastal waters; disputes settlement procedure involving the exercise of the right of innocent passage; conclusion - general evaluation of the right of innocent passage in coastal waters in the light of contemporary law and practice.