| ID | 188220 |
| Title Proper | Due Regard’ of Article 234 of UNCLOS |
| Other Title Information | Lessons From Regulating Innocent Passage in the Territorial Sea |
| Language | ENG |
| Author | Solski, Jan Jakub |
| Summary / Abstract (Note) | Article 234 of UNCLOS is in many ways exceptional, but it is not unique in the sense that it grants to the coastal state “complete” legislative power. Arguably, “complete” coastal state jurisdiction exists in the territorial sea for the purposes enumerated in Article 21(1), allowing coastal states to adopt ship reporting systems, pilotage, and other routing measures unilaterally. The analysis of state practice reveals that states often decide to engage the International Maritime Organization (IMO) in different ways, even when such a course of action is not mandatory. This article advocates for meaningful deliberation as both a suitable method of meeting Article 234’s due regard standard, and a practice that can be expected from a steward. |
| `In' analytical Note | Ocean Development and International Law Vol. 52, No.4; Jul-Dec 2021: p. 398-418 |
| Journal Source | Ocean Development and International Law Vol: 52 No 4 |
| Key Words | Sovereignty ; Unclos ; Territorial Sea ; Arctic ; Stewardship ; Article 234 |