The legal regime of straits : contemporary challenges and solutions / Hugo Caminos, Vincent P. Cogliati-Bantz.
2014
KZ3760 .C36 2014 (Mapit)
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Details
Author
Title
The legal regime of straits : contemporary challenges and solutions / Hugo Caminos, Vincent P. Cogliati-Bantz.
Added Author
Imprint
Cambridge, United Kingdom : Cambridge University Press, 2014.
Description
xiii, 515 pages ; 24 cm
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 sea lanes 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 recognizing 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"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 476-497) and index.
Location
STA
Call Number
KZ3760 .C36 2014
Language
English
ISBN
9781107003767 hardback
1107003768 hardback
1316055868
9781316055861
0511777183
9780511777189
1107003768 hardback
1316055868
9781316055861
0511777183
9780511777189
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