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Navigating Straits: Challenges for International Law

Edited by: David D. Caron

ISBN13: 9789004266360
Published: March 2014
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £157.00



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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.

Subjects:
Public International Law
Contents:
PREFACE AND ACKNOWLEDGMENTS
TABLE OF CONTENTS
INTRODUCTION BY EDITORS
PART I
The Straits Regime in the 1982 Law of the Sea Convention
CHAPTER 1
THE GREAT STRAITS DEBATE: THE CONFLICT, DEBATE, AND COMPROMISE THAT SHAPED THE STRAITS ARTICLES OF THE 1982 UNITED NATIONS CONVENTION ON THE LAW OF THE SEA.
by Dean David D. Caron
CHAPTER 2
RIGHTS AND RESPONSIBILITIES OF STRAIT STATES
by Jon M. Van Dyke
PART II SAFETY AND ENVIRONMENT
CHAPTER 3
MAKING OR BREAKING THE INTERNATIONAL LAW OF TRANSIT PASSAGE? MEETING ENVIRONMENTAL AND SAFETY CHALLENGES IN THE TORRES STRAIT WITH COMPULSORY PILOTAGE
by Donald K. Anton
CHAPTER 4
CANADA AND THE GOVERNANCE OF THE NORTHWEST PASSAGE: ROUGH WATERS, COOPERATIVE CURRENTS, SEA OF CHALLENGES
by David L. VanderZwaag
PART III SPECIAL REGIMES
CHAPTER 5
THE BALTIC STRAITS
by Said Mahmoudi
CHAPTER 6
THE STRAIT OF MESSINA AND THE PRESENT REGIME OF INTERNATIONAL STRAITS
by Tullio Scovazzi
CHAPTER 7
PROTECTION OF THE SEA LANES IN THE JEJU WATERS AND MARITIME COOPERATION IN NORTHEAST ASIA
by Boo-Chan Kim and Seokwoo Lee
CHAPTER 8
ARTICLE 35(C) STRAITS OF THE UN LAW OF THE SEA CONVENTION
by Dolunay Özbek
CHAPTER 9
THE TURKISH STRAITS AND THE THE LEGAL REGIME OF PASSAGE
by Yüksel Inan
CHAPTER 10
THE SEA OF AZOV AND THE KERCH STRAITS
by Alexander Skaridov
PART IV SECURITY, PIRACY AND TERRORISM
CHAPTER 11
IMO POLICIES AND ACTIONS REGARDING PIRACY
by Captain J. Ashley Roach, JAGC, USN (retired)
CHAPTER 12
SECURING THE WORLD'S MOST DANGEROUS STRAIT? THE BAB-AL MANDEB AND GULF OF ADEN
by Clive Schofield
CHAPTER 13
SECURITY, PIRACY AND TERRORISM IN THE STRAITS OF MALACCA AND SINGAPORE
by Mary George
CHAPTER 14
SAFETY AND SECURITY ISSUES IN THE TAIWAN STRAIT – SOME REFLECTIONS
Kuen-chen FU
CHAPTER 15
COOPERATION IN THE STRAITS OF MALACCA AND SINGAPORE
Takashi Ichioka