Innocent Passage Under UNCLOS: An Exploration of the Tenets, Trials, and Tribulations

Hebbar, Anish Arvind

doi:10.1007/978-3-030-31749-2_12

Cited by 1 publication

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“…The sovereignty of the coastal State over its territorial sea is limited, however, due to the paramount importance of the freedom of navigation (e.g. Hebbar 2020;Evans 2010: 660;Agyebeng 2006: 372). Thus, any vessel enjoys the right of innocent passage in the territorial sea of any State (UNCLOS, Art.…”

Section: Innocent Passagementioning

confidence: 99%

Marine Spaces and Maritime Delimitation

Bickl¹

2020

The Border Dispute Between Croatia and Slovenia

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This Chapter outlines the legal foundations related to marine spaces and the identification of maritime borders. The toolbox of maritime law and the legalpolitical developments in the Adriatic with regard to Slovenia and Croatia prior to 2008 are salient issues. The outline will familiarise the reader with various maritime zones and the main provisions of the United Nations Convention on the Law of the Sea (UNCLOS), the quasi-constitution for the oceans entailing the principles of freedom of navigation, territorial sovereignty, and common heritage of mankind. There is a special focus on the Mediterranean in general and the Adriatic in particular. The "lawfare" between Croatia and Slovenia (and the EU level) over maritime zones ahead of the 2008/2009 deadlock during the EU accession negotiations phase is a prerequisite for the subsequent stages of the border dispute. This chapter also sheds light on the methodologies used in maritime delimitation and rounds off with a brief survey of maritime case law developed by international courts and tribunals. Marine SpacesIt is useful to bear in mind that many of the contemporary territorial conflicts are about space at sea rather than on land. This is all the more relevant if one looks at the size of the overlapping claims most of which triggered by assumed or asserted oil and gas reserves, wind fields, fishing grounds, or, most importantly both in terms of world trade and security and defence, the freedom of navigation. The so-called South China Sea where overlapping claims to the Spratly Islands (to name but one spot) and neighbouring islands involve China, Taiwan, Vietnam, the Philippines, Malaysia, and Brunei, undoubtedly is the most prominent current such example in world affairs (see e.g.

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Section: Innocent Passagementioning

confidence: 99%

Marine Spaces and Maritime Delimitation

Bickl¹

2020

The Border Dispute Between Croatia and Slovenia

View full text Add to dashboard Cite

show abstract

Innocent Passage Under UNCLOS: An Exploration of the Tenets, Trials, and Tribulations

Cited by 1 publication

References 10 publications

Marine Spaces and Maritime Delimitation

Marine Spaces and Maritime Delimitation

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