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The Legal Regime of Straits

Author: Hugo Caminos

Publisher: Cambridge University Press

Published: 2014-12-22

Total Pages: 531

ISBN-13: 1316060608

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.

The Right of Innocent Passage and the Evolution of the International Law of the Sea

Author: Francis Ngantcha

Publisher: Burns & Oates

Published: 1990

Total Pages: 248

ISBN-13:

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This is a contribution to the debate about the Law of the Sea, published to coincide with the signing of a new Convention. Despite comprehensive international rules on navigation contained in the 1982 Law of the Sea Convention, the right of innocent passage for all ships is still controversial in many respects - particularly the definition of non-innocent passsage, the recognition of the possibility of declarations, the innocent passage of warships or other special sea vessels.

Excessive Maritime Claims

Author: J. Ashley Roach

Publisher: Martinus Nijhoff Publishers

Published: 2012-06-22

Total Pages: 997

ISBN-13: 900421772X

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Now in a third, revised edition, Excessive Maritime Claims by J. Ashley Roach and Robert W. Smith is designed for law of the sea and maritime law specialists. The book draws on published governmental material in the public domain, specifically the U.S., and addresses recent progress in maritime security, proliferation of weapons of mass destruction by sea, piracy, and protection of underwater cultural heritage. As a result of significant developments in the law of the sea, primarily with reference to the 1982 Law of the Sea Convention, Excessive Maritime Claims provides up to date coverage of current affairs as well as introduce new topics such as: submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement.

The Future of the Law of the Sea

Author: Gemma Andreone

Publisher: Springer

Published: 2017-03-30

Total Pages: 278

ISBN-13: 3319512749

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This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today’s legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.

Regulation on Navigation of Foreign Vessels

Author: Ted L. McDorman

Publisher: Brill Nijhoff

Published: 2019

Total Pages: 0

ISBN-13: 9789004396265

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This edited book, Regulation on Navigation of Foreign Vessels: Asia-Pacific State Practice, is a collection of country papers focused on one of the more contentious and diverse subject areas of the international law of the sea - foreign vessel rights of navigation in national waters.

Jurisdiction of the Coastal State over Foreign Merchant Ships in Internal Waters and the Territorial Sea

Author: Haijiang Yang

Publisher: Springer Science & Business Media

Published: 2006-07-30

Total Pages: 294

ISBN-13: 3540331921

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The general international law regarding foreign merchant ships in internal waters has never been codified. The question of the breadth of the territorial sea was finally solved during the Third United Nations Conference on the Law of the Sea. But conflicts between coastal States and foreign merchant ships in internal waters and the territorial sea may arise. This comprehensive study analyses these issues and strives for reasonable and generally acceptable solutions.

Historic Waters and Historic Rights in the Law of the Sea

Author: Clive R. Symmons

Publisher: BRILL

Published: 2019-03-27

Total Pages: 471

ISBN-13: 9004377026

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This new edition discusses the important clarifications on historic maritime claims—¬particularly 'historic rights' (falling short of sovereignty); and the interaction of such rights with the Law of the Sea Convention resulting from the arbitral Award on the Merits of 2016 in Philippines v. China, and examines what is now left of the former customary law doctrine.

The Free Sea

Author: James Kraska

Publisher: Naval Institute Press

Published: 2018-06-15

Total Pages: 240

ISBN-13: 1682471179

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The Free Sea offers a unique, single-volume analysis of incidents in American history that affected U.S. freedom of navigation at sea. The book spans more than 200 years, beginning in the Colonial era with the Quasi-War with France in 1798 and extending to contemporary Freedom of Navigation operations in the South China Sea. Through wars and numerous crises with North Korea, North Vietnam, Cambodia, Iran, Russia and China, freedom of navigation has been a persistent challenge for the United States, a nation reliant on open seas for economic prosperity, military security and global order. This volume focuses on the struggle to retain freedom of the seas. Challenges to U.S. warships and maritime commerce have pushed, and continue to challenge, the United States to vindicate its rights through diplomatic, legal, and military means, underscoring the need for the strategic resolve in the global maritime commons.

The Right of Innocent Passage

Author: Francis Ngantcha

Publisher:

Published: 1986

Total Pages: 788

ISBN-13:

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Cooperation and Engagement in the Asia-Pacific Region

Author: Myron H. Nordquist

Publisher: BRILL

Published: 2019-11-11

Total Pages: 523

ISBN-13: 9004412026

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Cooperation and Engagement in the Asia-Pacific Region provides valuable insight into a region that encompasses many important maritime regions, and harbors promising opportunities for maritime cooperation and engagement.