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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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The Legal Regime of Straits: Contemporary Challenges and Solutions

ISBN13: 9781107003767
Published: January 2015
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £77.00

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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.

Shipping, Transport and Maritime Law, Public International Law
Part I. Applicable Law:
1. Customary and conventional law
2. Law of peace and law of war

Part II. Right of Transit ratione loci: Straits Used for International Navigation:
3. Applicability of the right of transit under Part III: exclusions
4. Applicability of the right of transit under Part III: straits used for international navigation defined

Part III. Right of Transit ratione materiae: Definition of Transit Passage:
5. Transit passage and other passage rights
6. Transit passage defined

Part IV. Allocation of Competences Over Areas where Transit Applies:
7. Sovereignty of States bordering straits
8. Limitation of the sovereignty of States bordering straits
9. Limitations to the freedom of navigation and overflight: duties of ships and aircraft

Part V. International Co-Operation for the Safety of Navigation and the Prevention, Reduction and Control of Pollution in Straits:
10. Preliminary remarks and genesis of Article 43 of the UNCLOS
11. Scope of Article 43: interpretation and suggested implementation
12. Co-operative schemes: the case of the Straits of Malacca and Singapore

Part VI. Multiple Regimes for Straits?:
13. UNCLOS as general framework
14. Marine Protected Areas

Part VII. Settlement of Disputes Relating to Straits:
15. Settlement of disputes under the Convention: brief overview
16. Straits and disputes over the applicability of Part III
17. Straits and disputes over the straits regime.