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The Contribution of Channels to the Definition of Straits Used For International Navigation

The Contribution of Channels to the Definition of Straits Used For International Navigation <jats:sec><jats:title>Abstract</jats:title><jats:p>The questions of what is "a strait used for international navigation", and the regime applicable in such waterways or even in "broad" straits, remain unsettled in the LOS Convention. However, channels of navigation may assist in determining the "geographical situation" of international straits. It is submitted, therefore, that, where there is only one coastal state bordering more than one strait connecting the same parts of the high seas or the EEZ, the claim of transit passage through straits of secondary importance may be abusive. Obviously, the non-application of transit passage on the grounds of abuse of rights is not able to modify the international character of such waterways, the regime of non-suspendable innocent passage being thus applicable. Moreover, modalities of passage evidenced by the existence of maritime traffic through channels of navigation may be useful when determining the "extent" of the regime of transit passage in the so-called "broad" straits.</jats:p> </jats:sec> http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The International Journal of Marine and Coastal Law Brill

The Contribution of Channels to the Definition of Straits Used For International Navigation

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Publisher
Brill
Copyright
© 1998 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0927-3522
eISSN
1571-8085
DOI
10.1163/157180898X00049
Publisher site
See Article on Publisher Site

Abstract

<jats:sec><jats:title>Abstract</jats:title><jats:p>The questions of what is "a strait used for international navigation", and the regime applicable in such waterways or even in "broad" straits, remain unsettled in the LOS Convention. However, channels of navigation may assist in determining the "geographical situation" of international straits. It is submitted, therefore, that, where there is only one coastal state bordering more than one strait connecting the same parts of the high seas or the EEZ, the claim of transit passage through straits of secondary importance may be abusive. Obviously, the non-application of transit passage on the grounds of abuse of rights is not able to modify the international character of such waterways, the regime of non-suspendable innocent passage being thus applicable. Moreover, modalities of passage evidenced by the existence of maritime traffic through channels of navigation may be useful when determining the "extent" of the regime of transit passage in the so-called "broad" straits.</jats:p> </jats:sec>

Journal

The International Journal of Marine and Coastal LawBrill

Published: Jan 1, 1998

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