PASSAGE THROUGH STRAITS An Analysis of the Conflict Between the General Interest in Free Navigation and the Particular Interest of the Strait States in Controlling the Pollution Threat Posed by the Wreck of Oil Tankers as Illustrated by the Danish Straits Controversy. By Steen Lassen, advokat, LL.M., Copenhagen.* I. INTRODUCTION A. The Purpose of the Article This article will analyze the conflict between the principle of freedom of navigation on the high seas and the coastal interests as this conflict is manifested in the issue of passage through international straits. As a representative example of international straits the article will focus on the Danish Straits, and as an actual example of the threat to the coastal interests caused by the freedom of navigation the article will focus on the pollution threat from the wreck of oil tankers. B. The Conflicting Interests 1. Freedom of navigation on the high seas: There is hardly any other rule of international law which is so universally recognized as the freedom of navigation on the high seas. Though the rule applies in the first instance to shipping on the high seas, the principle would be useless and ineffectual if a right of passage
Nordic Journal of International Law – Brill
Published: Jan 1, 1978
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