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

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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



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