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INTERNATIONAL STRAITS - CONCEPT, CLASSIFICATION AND RULES OF PASSAGE

International Straits - Concept, Classification and Rules of Passage

Author(s)                 Ana G. Lopez Martin
Publisher Springer
Date 2014
Pages 218
Format pdf
Size 1 Mb

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   For some years, "the acceleration of History" has been felt very strongly in Public International Law, in general, and in International Law of the Sea, in particular, by making changes which have meant a substantial transformation of the existing legislation. The focus of this is undoubtedly the straits used for international navigation which, with the introduction of the United Nations Convention on the Law of the Sea of December 10, 1982 - in particular. Part III -, have undergone a complete change as regards the navigation legislation in force, codified in article 16.4 of the Geneva Convention on Territorial Sea and Contiguous Zone of April 29, 1958. In this area, we should point out that the progressive development of International Law in opposition to established rules is normally the result of new interests and needs. The legislation on navigation through the straits used for international navigation is sound proof of this. Strategic and military interests, and air deployment together with the needs arising from the development of commerce and communications are factors which have encouraged, or rather, "imposed", a change in the rules of the game. There is no doubt that the straits have always played a fundamental role in international life. In fact, without exaggerating, we can even state that one of the most important legal questions concerning maritime navigation has always involved passage through international straits. Thus, it is not surprising that, since ancient times, straits have been the cause of many controversies and, even, wars. Some even believe1 that the objective of the Trojan War was the interest the Trojans had in controlling the Bosphorus and the Dardanelles (Hellespont). Moreover, no one can deny that Messina, Sicily and Gibraltar played a decisive role in the wars between Rome and Carthage.

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