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Navigational Rights and Freedoms and the New Law of the Sea

ISBN13: 9789041114990
ISBN: 9041114998
Published: October 2000
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £200.00

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Navigational rights and freedoms have been central to the development of the law of the sea since the original debates over whether the seas were ""open"" or ""closed"" to maritime traffic. The 1982 UN Convention on the Law of the Sea recognises the legitimate rights of coastal states to proclaim sovereignty and assert jurisdiction over vast areas of maritime space. In return, maritime states are given a range of navigational rights over waters ranging from the territorial sea through to the high sea. The new regime of the law of the sea created by the Convention presents an opportunity to review developments in the law of navigational rights and freedoms.;This book assesses the navigational regime established by the 1982 Convention, with emphasis given to the continuing importance of the freedom of the seas. Navigation in the territorial sea and international straits is reviewed, especially in the Straits of Malacca and Singapore, and the Torres Strait. Archipelagic navigation from the perspective of two claimant states, Indonesia and the Philippines, and a user state, South Korea, is also considered.;The interaction of environmental concerns with navigational rights is an important feature of the current law of the sea regime with relevant conventions assessed and the role of the International Maritime Organization in developing navigational standards considered. Both European and Canadian practice in the protection of sensitive marine environments and the impact upon navigational rights is also considered. Finally, the roles of the International Tribunal for the Law of the Sea and the International Maritime Organization in dispute resolution are reviewed, before a concluding consideration of the future for navigational rights and freedoms in the 21st century.

Foreword. Preface. Contributors. List of Abbreviations. List of International Cases and Judgments. List of Conventions, Treaties and other International Instruments.
1. The Law of the Sea Convention and Navigational Freedoms; H. Djalal.
2. Freedom of Navigation in the Post-Cold War Era; R.J. Grunawalt.
3. Navigational Rights and Freedoms in a European Regional Context; E.J. Molenaar.
4. Maritime Security in the Asia Pacific in the Twenty-first Century; R. Babbage.
5. Innocent Passage in the Territorial Sea: The UNCLOS Regime and Asia Pacific State Practice; D.R. Rothwell.
6. The Regime of Straits Transit Passage in the Asia Pacific: Political and Strategic Issues; S. Bateman.
7. The Straits of Malacca: Current and Prospective Interests in the Prevention and Control of Marine Environmental Pollution; S. Shaukat.
8. Regulation of Navigation in the Torres Strait: Law of the Sea Issues; S.B. Kaye.
9. Management of Navigation through Vessel Traffic Services; G. Mapplebeck.
10. The Law of the Sea and Navigation: The Indonesian Archipelagic State Perspective; E.R. Agoes.
11. Navigational Rights in Archipelagic Waters: A Commentary from the Philippines; R.P.M. Lotilla.
12. The Law of the Sea, Archipelagoes, and User States: Korea; Kim Young Koo.
13. Implementing the Archipelagic Regime in the International Maritime Organization; R. Warner.
14. Protection of the Marine Environment from Shipping Operations: Australian and International Responses; P.M. McGrath, M. Julian.
15. Shipping and Marine Environmental Protection in Canada: Rocking the Boat and Riding a Restless Sea; D. VanderZwaag.
16. Navigational Rights in Sensitive Marine Environments: The Great Barrier Reef; M. White.
17. The International Tribunal for the Law of the Sea and its Potential for Resolving Navigation Disputes; I.A. Shearer.
18. The Sint Vincent and the Grenadines v. Guinea M/V Saiga Cases before the International Tribunal for the Law of the Sea; B. Kwiatkowska.
19. The Role of the International Maritime Organization in the Settlement of International Disputes; R. Balkin.
20. Navigational Rights and Freedoms in the New Millennium: Dealing with 20th Century Controversies and 21st Century Challenges; S. Bateman, D.R. Rothwell, D. VanderZwaag. Select Bibliography. Index.