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Freedom Of Navigation: New Challenges

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Chapter Summary

The International Maritime Organization (IMO) has the authority to impose conditions on ships exercising the right of transit passage through straits used for international navigation or the right of archipelagic sea lanes passage through archipelagic States. This chapter discusses whether measures by coastal States or international organizations taken together are likely to spoil the balance between freedom of navigation and environmental and security interests of coastal States as well as the international community. The United Nations Convention on the Law of the Sea (UNCLOS) makes ample reference to the freedom of navigation, for example in Article 36 (freedom of navigation in straits used for international navigation), Article 58 (freedom of navigation in the Exclusive Economic Zone), Article 78 and Article 87 (high seas). The freedoms in these Articles mean the same - freedom of movement of ships.

Keywords: archipelagic sea lanes; coastal States; exclusive economic zone; freedom of navigation; international maritime organization (IMO); international straits; UNCLOS



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