8 Article 35(c) Straits of the UN Law of the Sea Convention

Tür:

Kitap Bölümü

Yazar:

Dolunay Özbek

Yayın yılı:

2014

Yayıncı:

Brill | Nijhoff

The significance of straits navigation gave rise to a new passage regime along with the adoption of a 12 nm territorial sea breadth the Law of the Sea Convention (LOSC). Pursuant to Article 35(c) one of the exceptions from transit passage regime is when passage from a strait is regulated whole or part by a long-standing treaty. The law applicable then is the specific treaty. While this may provide an answer the case of a treaty regulating passage whole, the case of a treaty regulating passage in part, the question remains as to the applicable law for passage that remains unregulated by the passage treaty. Thus passage regime an Article 35(c) strait is determined accordance with treaty provisions and non-suspendable innocent passage for reference matters of coastal State powers of regulation and enforcement. Keywords: Aland Straits; Denmark; Law of the Sea Convention (LOSC); transit passage regime; Turkey

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