Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

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

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The significance of straits in navigation gave rise to a new passage regime along with the adoption of a 12 nm territorial sea breadth in 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 in whole or in part by a long-standing treaty. The law applicable then is the specific treaty. While this may provide an answer in the case of a treaty regulating passage in whole, in 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 in an Article 35(c) strait is determined in accordance with treaty provisions and non-suspendable innocent passage for reference in matters of coastal State powers of regulation and enforcement.

Keywords: Äland Straits; Denmark; Law of the Sea Convention (LOSC); transit passage regime; Turkey

10.1163/9789004266377_010
/content/books/b9789004266377_010
dcterms_subject,pub_keyword
10
5
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Navigating Straits — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation