Freedom of Navigation and the Law of the Sea

Freedom of Navigation and the Law of the Sea
Author: Cameron Moore
Publisher: Routledge
Total Pages: 152
Release: 2021-02-09
Genre: Law
ISBN: 042975891X

There has been a recent increase in clashes between warships asserting rights to navigate and states asserting sovereignty over coastal waters. This book argues for a set of rules which respect the rights of coastal states to protect their sovereignty and of warships to navigate lawfully, whilst also outlining the limits of each. The book addresses the issue of the clash between warships and states by considering the general principles applying to use of force in the law of the sea and the law of national self-defence. It focuses on the right of coastal states to use force to prevent passage of warships which threaten their sovereignty, with particular reference to the specific maritime zones, as well as by warships to ensure passage or to defend themselves. The book also assesses the extent to which the law of armed conflict may be applicable to these issues. The conclusion draws together a set of rules which take account of both contemporary and historical events and seeks to balance the competing interests at stake. Providing a concise overview of the enduring issue of freedom of navigation, this book will appeal to anyone studying international law, the law of the sea, security studies and international relations. It will also be of interest to naval, coast guard and military officers as well as government legal advisors.

The Free Sea

The Free Sea
Author: James Kraska
Publisher: Naval Institute Press
Total Pages: 218
Release: 2018-06-15
Genre: History
ISBN: 1682471179

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.

Excessive Maritime Claims

Excessive Maritime Claims
Author: J. Ashley Roach
Publisher: Martinus Nijhoff Publishers
Total Pages: 998
Release: 2012-06-22
Genre: Law
ISBN: 9004217738

This title is designed for law of the sea and maritime law specialists. The coverage includes current affairs in martime law such as submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement.

Navigational Rights and Freedoms and the New Law of the Sea

Navigational Rights and Freedoms and the New Law of the Sea
Author: Donald R. Rothwell
Publisher: BRILL
Total Pages: 389
Release: 2021-10-18
Genre: Law
ISBN: 9004482660

Navigational rights and freedoms have been central to the development of the law of the sea since the original debates over whether the seas were `open' or `closed' to maritime traffic. The 1982 UN Convention on the Law of the Sea recognises the legitimate rights of coastal states to proclaim sovereignty and assert jurisdiction over vast areas of maritime space. In return, maritime states are given a range of navigational rights over waters ranging from the territorial sea through to the high sea. The new regime of the law of the sea created by the Convention presents an opportunity to review developments in the law of navigational rights and freedoms. This book assesses the navigational regime established by the 1982 Convention, with emphasis given to the continuing importance of the freedom of the seas. Navigation in the territorial sea and international straits is reviewed, especially in the Straits of Malacca and Singapore, and the Torres Strait. Archipelagic navigation from the perspective of two claimant states, Indonesia and the Philippines, and a user state, South Korea, is also considered. The interaction of environmental concerns with navigational rights is an important feature of the current law of the sea regime with relevant conventions assessed and the role of the International Maritime Organization in developing navigational standards considered. Both European and Canadian practice in the protection of sensitive marine environments and the impact upon navigational rights is also considered. Finally, the roles of the International Tribunal for the Law of the Sea and the International Maritime Organization in dispute resolution are reviewed, before a concluding consideration of the future for navigational rights and freedoms in the twenty-first century.

Freedoms of Navigation in the Asia-Pacific Region

Freedoms of Navigation in the Asia-Pacific Region
Author: Sam Bateman
Publisher: Routledge
Total Pages: 138
Release: 2019-09-16
Genre: Law
ISBN: 0429557086

The need for freedoms of navigation in regional waters is frequently mentioned in statements from regional forums, but a common understanding of what constitutes a particular freedom of navigation or the relevant law is lacking. This book discusses how law, politics and strategy intersect to provide different perspectives of freedoms on navigation in the Asia-Pacific region. These freedoms are very important in this distinctively maritime region, but problems arise over interpreting the navigational regimes under the law of the sea, especially with regard to the rights of foreign warships to transit another country’s territorial sea without prior notification or authorisation of the coastal state, and with determining the availability of high seas freedoms of navigation and overflight in an exclusive economic zone. The book explores these issues, referring in particular to the position of the main protagonists on these issues in Asian waters – the United States and China – with their strongly opposing views. The book concludes with a discussion of the prospects for either resolving these different perspectives or for developing confidence-building measures that would reduce the risks of maritime incidents. Providing a comprehensive yet concise overview of the various different factors affecting freedom of navigation, this book will be a valuable resource for those working or studying in the fields of international relations, maritime security and the law of the sea.

The Legal Regime of Straits

The Legal Regime of Straits
Author: Hugo Caminos
Publisher: Cambridge University Press
Total Pages: 531
Release: 2014-12-22
Genre: Law
ISBN: 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 Interception of Vessels on the High Seas

The Interception of Vessels on the High Seas
Author: Efthymios Papastavridis
Publisher: Bloomsbury Publishing
Total Pages: 269
Release: 2014-08-28
Genre: Law
ISBN: 1782250859

The principal aim of this book is to address the international legal questions arising from the 'right of visit on the high seas' in the twenty-first century. This right is considered the most significant exception to the fundamental principle of the freedom of the high seas (the freedom, in peacetime, to remain free of interference by ships of another flag). It is this freedom that has been challenged by a recent significant increase in interceptions to counter the threats of international terrorism and WMD proliferation, or to suppress transnational organised crime at sea, particularly the trafficking of narcotics and smuggling of migrants. The author questions whether the principle of non-interference has been so significantly curtailed as to have lost its relevance in the contemporary legal order of the oceans. The book begins with an historical and theoretical examination of the framework underlying interception. This historical survey informs the remainder of the work, which then looks at the legal framework of the right of visit, contemporary challenges to the traditional right, interference on the high seas for the maintenance of international peace and security, interferences to maintain the 'bon usage' of the oceans (navigation and fishing), piracy j'ure gentium'and current counter-piracy operations off the coast of Somalia, the problems posed by illegal, unregulated and unreported fishing, interdiction operations to counter drug and people trafficking, and recent interception operations in the Mediterranean Sea organised by FRONTEX.

Freedom of Seas, Passage Rights and the 1982 Law of the Sea Convention

Freedom of Seas, Passage Rights and the 1982 Law of the Sea Convention
Author: Myron H. Nordquist
Publisher: BRILL
Total Pages: 646
Release: 2009-02-28
Genre: Law
ISBN: 904742705X

Freedom of the seas and passage rights is a highly topical subject for the international community that cuts across a broad spectrum of scholarly disciplines and maritime operations. The contents of the book include in-depth analysis of current international and regional approaches to freedom of navigation, transit passage through straits used for international navigation, archipelagic sea lanes passage, scientific research and hydrographic surveys in the Exclusive Economic Zone (EEZ), military surveys in the EEZ, as well as vessel source pollution and protection of the marine environment. Many of the chapters describe measures in place at multilateral and regional levels to improve information sharing and operational coordination. This collection will especially appeal to those concerned with freedom of the seas and passage rights. The CD accompanying the volume includes important documents such as the UN Convention on the Law of the Sea as well many PowerPoint presentations delivered at the conference. It also includes a draft index to the multi-volume series United Nations Convention on the Law of the Sea 1982: A Commentary. This book contains the edited papers and associated documents from the 32nd annual Virginia conference held in Singapore, January 9-10, 2008. Presentations were delivered by government officials, senior naval and coast guard commanders as well as by leading jurists and academics with impressive expertise in the law of the sea.

The IMLI Manual on International Maritime Law: The law of the sea

The IMLI Manual on International Maritime Law: The law of the sea
Author: David Joseph Attard
Publisher: Oxford University Press, USA
Total Pages: 796
Release: 2014
Genre: Law
ISBN: 0199683921

This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact. The forthcoming Volume II will address shipping law; Volume III will provide analysis of marine environmental law and maritime security law. The full three-volume Manual will set out the entirety of international maritime law, re-stating and re-examining its fundamental principles, how it is enacted, and the issues that are shaping its future. It will be a superlative resource for those working with or studying this area of law.