The legal regime of straits : contemporary challenges and solutions / Hugo Caminos, Vincent P. Cogliati-Bantz.
2014
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Details
Author
Caminos, Hugo, author.
Title
The legal regime of straits : contemporary challenges and solutions / Hugo Caminos, Vincent P. Cogliati-Bantz.
Added Author
Cogliati-Bantz, Vincent P., author.
Imprint
Cambridge : Cambridge University Press, 2014.
Description
1 online resource (xiii, 515 pages) : digital, PDF file(s)
Formatted Contents Note
Part I. Law of peace and law of war. Straits and the law of war
Part II. Right of transit passage ratione loci : straits used for Iiternational navigation. Applicability of the right of transit passage under UNCLOS Part III : exclusions
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. Transit passage and other passage rights
Transit passage defined
Part IV. Allocation of jurisdiction over the right of transit passage and archipelagic sea lanes passage. Sovereignty of states bordering straits and archipelagic states
Limitations to the sovereignty of states bordering straits and archipelagic states : rights and duties of coastal states
Duties of ships and aircraft in transit
Striking a balance between the sovereignty of states bordering straits and the right of transit
Part V. International co-operation for the safety of navigation and the prevention, reduction and control of pollution in straits. Preliminary remarks and genesis of Article 43 of the UNCLOS
Scope of Article 43 : interpretation and suggested implementation
Co-operative schemes : the special case of the straits of Malacca and Singapore
Part VI. Multiple regimes for straits? UNCLOS as general framework
Marine protected areas
Part VII. Conclusion. Straits and dispute settlement
Transit passage and customary law
Concluding remarks.
Part II. Right of transit passage ratione loci : straits used for Iiternational navigation. Applicability of the right of transit passage under UNCLOS Part III : exclusions
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. Transit passage and other passage rights
Transit passage defined
Part IV. Allocation of jurisdiction over the right of transit passage and archipelagic sea lanes passage. Sovereignty of states bordering straits and archipelagic states
Limitations to the sovereignty of states bordering straits and archipelagic states : rights and duties of coastal states
Duties of ships and aircraft in transit
Striking a balance between the sovereignty of states bordering straits and the right of transit
Part V. International co-operation for the safety of navigation and the prevention, reduction and control of pollution in straits. Preliminary remarks and genesis of Article 43 of the UNCLOS
Scope of Article 43 : interpretation and suggested implementation
Co-operative schemes : the special case of the straits of Malacca and Singapore
Part VI. Multiple regimes for straits? UNCLOS as general framework
Marine protected areas
Part VII. Conclusion. Straits and dispute settlement
Transit passage and customary law
Concluding remarks.
Summary
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.
Note
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
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Alternate Title
Cambridge Books Online.
Language
English
ISBN
9780511777189 (ebook)
9781107003767 (hardback)
9781107003767 (hardback)
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