The Right of Overflight above International Straits

2015 ◽  
Vol 52 ◽  
pp. 35-76 ◽  
Author(s):  
SUZANNE LALONDE
Keyword(s):  
United Nations ◽  
Legal Status ◽  
Law Of The Sea ◽  
Legal Regime ◽  
Northwest Passage ◽  
Legal Standards ◽  
Maritime Navigation ◽  
The Subject ◽  
United Nations Convention ◽  
The Right

AbstractThe legal status of the Northwest Passage (NWP) has been the subject of much debate in academic, government, and media circles. To date, much of this discussion has centred on the legal regime governing maritime navigation. However, the question of whether the NWP is subject to guaranteed freedoms or Canada’s unqualified sovereign control also involves the right of overflight. This article investigates the circumstances that led to the inclusion of the freedom of overflight in Part III of the United Nations Convention on the Law of the Sea. It then highlights some of the legal standards that would govern air navigation if the NWP were to be considered an international strait.

scholarly journals The Legal Status of Archipelagos in the International Law of the Sea

2019 ◽  
Vol 2 (2) ◽  
pp. p189
Author(s):  
Maher Gamil Aboukhewat
Keyword(s):  
United Nations ◽  
International Law ◽  
Legal System ◽  
Legal Status ◽  
The Other ◽  
Law Of The Sea ◽  
Regional Security ◽  
United Nations Convention ◽  
Marine Areas ◽  
New System

The archipelagic States, which attempt to extend their control over the waters surrounding their islands, are demanding the establishment of a legal system for archipelagos in order to preserve their interests, their maritime wealth and their regional security. On the other hand, there are the great maritime States that hold on to the freedom of the sea and international navigation.The problems raised by the islands constituting the archipelago did not stand at the end of sovereignty disputes and their right to their own maritime areas, but many other problems were associated with the presence of archipelagic islands. The measurement of marine areas of archipelagic islands requires a description of how the baselines from which these areas are measured are to be drawn. Also, the measurement of marine areas of the islands of individual problems is different from those raised by the presence of the islands in the form of an archipelago. Drawing baselines also varies according to the archipelagic islands site, and whether they are located in front of the coast regions or at the entrances to the bays in these coasts, or were located in the sea or ocean.These problems remained subject to international controversy and tension until a new system of archipelagic State was adopted under Part IV of the United Nations Convention on the Law of the Sea in 1982, which represents a very important renewal of the international law of the sea.

Rethinking the Concept of Historic Rights in International Law

2019 ◽  
Vol 7 (2) ◽  
pp. 153-165
Author(s):  
Ying Wang
Keyword(s):  
United Nations ◽  
International Law ◽  
Law Of The Sea ◽  
Legal Regime ◽  
Legal Documents ◽  
Maritime Boundary ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Maritime Boundary Delimitation

Abstract Historic rights have been acknowledged by international legislation including the United Nations Convention on the Law of the Sea, although many issues concerning the concept still remain uncertain. This article will mainly discuss the legal connotation and juridical functions of the concept of ‘historic rights’ for maritime entitlements and maritime boundary delimitation, and attempt to clarify some legal ambiguity and explain the function of the legal regime through analysis of legal documents and identification of typical difficulties in the application of the concept of ‘historic rights’.

The Law of the Sea Convention: No Place for Persons?

2012 ◽  
Vol 27 (4) ◽  
pp. 867-874 ◽  
Author(s):  
Irini Papanicolopulu
Keyword(s):  
United Nations ◽  
Legal Regulation ◽  
Innovative Approach ◽  
Law Of The Sea ◽  
Legal Regime ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

Abstract The article, adopting an innovative approach to the law of the sea, discusses the place and role reserved to persons in the United Nations Convention on the Law of the Sea (LOSC) and the legal regime of which it is a part. The LOSC and other law of the sea agreements are examined, focussing on provisions that mention persons, their rights and their duties. Shortcomings identified include: the difficulty to configure persons as the beneficiaries of rights and the recipient of duties and the ensuing uncertain subjectivity of persons under the law of the sea; the presence of numerous gaps and inconsistencies in the existing legal regulation; the unavailability of mechanisms to address violations of duties by states. The conclusions draw attention to the potential of the LOSC and other treaties to further develop the international legal regime applicable to persons at sea and to provide an adequate place for persons in the law of the sea.

scholarly journals Analisis Masalah Pengaturan Ruang Udara Di Atas Alur Laut Kepulauan Indonesia (ALKI)

2021 ◽  
Vol 6 (1) ◽  
Author(s):  
A Dirwan
Keyword(s):  
Grounded Theory ◽  
United Nations ◽  
Law Of The Sea ◽  
Military Aircraft ◽  
United Nations Convention ◽  
The Law ◽  
The Right

United Nations Convention on the Law of the Sea 1982 (UNCLOS) was formed at 10 December 1982. Archipelagic State (Article 46) means a state constituted wholly by one or more archipelagos and may include other islands. Article 53, paragraph (2) UNCLOS 1982, stated: “all ships and aircraft enjoy the right of archipelagic sea lines passage in such sea lines and air routes”. However, this article could cause overlapping in applications, because ICAO already states all air areas in flight routes (ATS). In another article, the right of archipelagic sea lines passage, especially for military aircraft regarding the necessity to get permission from Archipelagic State, has been perceived differently by every states. This research with the grounded theory methode, involves expert respondents to see and synchronize few aspects or articles. Findings from this research are to complete the sentence of “all ships and aircraft enjoy the right of archipelagic sea lines passage .... “, with the understanding that all aircraft can provide overflight on archipelagic sea lines air area, which determined as an ATS route according to ICAO rules. Every military aircraft which uses the ATS route should have permission from Archipelagic State Goverment.

8 The Exclusive Economic Zone

2015 ◽  
Author(s):  
Andreone Gemma
Keyword(s):  
United Nations ◽  
International Law ◽  
Future Development ◽  
Controversial Issue ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Legal Regime ◽  
The Future ◽  
United Nations Convention

The role of the Economic Exclusive Zone (EEZ) in the international law of the sea remains a controversial issue two decades after the 1982 United Nations Convention on the Law of the Sea (LOSC) came into force. This chapter examines the evolution of the concept and its juridical nature, and the legal regime applicable to the EEZ. It considers the future development of the EEZ legal regime, exploring the principal controversial features that may influence its course.

scholarly journals The Continental Shelf of Antarctica: Implications of the Requirement to Make a Submission to the CLCS under Article 76 of the LOS Convention

2002 ◽  
Vol 17 (4) ◽  
pp. 485-520 ◽  
Author(s):  
Alex G. Oude Elferink
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Legal Status ◽  
Law Of The Sea ◽  
Outer Limit ◽  
Antarctic Treaty ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
The Antarctic

AbstractThis article looks at the question of how the obligation of states parties to the United Nations Convention on the Law of the Sea to submit information on the outer limit of their continental shelf to the Commission on the Limits of the Continental Shelf and the regime established by the Antarctic Treaty can be reconciled. Under the latter Treaty states have 'agreed to disagree' about the legal status of Antarctica. The establishment of an outer limit of the continental shelf on the basis of the recommendations of the Commission on the Limits of the Continental Shelf would pose a threat to this agreement to disagree as it would recognise the existence of coastal states and maritime zones. The article sets out the options of the states involved to deal with this issue. It is concluded that there are a number of approaches which safeguard the rights of coastal states under the United Nations Convention on the Law of the Sea and the agreement to disagree of the Antarctic Treaty.

The Law of the Sea Convention and the Northwest Passage

2007 ◽  
Vol 22 (2) ◽  
pp. 257-282 ◽  
Author(s):  
James Kraska
Keyword(s):  
United Nations ◽  
Sea Ice ◽  
International Law ◽  
Legal Status ◽  
International Maritime Organization ◽  
The Arctic ◽  
Law Of The Sea ◽  
Environment Canada ◽  
Northwest Passage ◽  
The Pacific

AbstractConcern over the loss of sea ice has renewed discussions over the legal status of the Arctic and sub-Arctic transcontinental maritime route connecting the Atlantic and the Pacific, referred to as the "Northwest Passage." Over the last thirty years, Canada has maintained that the waters of the Passage are some combination of internal waters or territorial seas. Applying the rules of international law, as reflected in the 1982 United Nations Law of the Sea Convention, suggests that the Passage is a strait used for international navigation. Expressing concerns over maritime safety and security, recognition of northern sovereignty, and protection of the fragile Arctic environment, Canada has sought to exercise greater authority over the Passage. This article suggests that Canada can best achieve widespread global support for managing its maritime Arctic by acknowledging that the passage constitutes an international strait and then working through the International Maritime Organization to develop a comprehensive package of internationally accepted regulations.

scholarly journals Selected Recent Institutional and Rule-Making Developments in the Law of the Sea (2015-2016)

2016 ◽  
Vol 2 (1) ◽  
pp. 189-203
Author(s):  
Humphrey S Sipalla
Keyword(s):  
United Nations ◽  
Institutional Framework ◽  
Law Of The Sea ◽  
Legal Regime ◽  
Recent Developments ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Rule Making

The United Nations Convention on the Law of the Sea (LOSC or the Convention) is quite simply, the greatest treaty-making achievement of the United Nations (UN) era. This appraisal of the recent developments of 2015-16 in this legal regime that governs the oceans – waters, floor and subsoil thereof – which cover ‘over 70 percent of the surface of our planet’, focuses on its oft-ignored spect, that is, its institutional framework.

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