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TRANSIT PASSAGE
(3)
answer(s).
Srl
Item
1
ID:
187404
Legal Regime of the Strait of Hormuz and Attacks Against Oil Tankers: Law of the Sea and Law on the Use of Force Perspectives
/ Lott, Alexander; Kawagishi, Shin
Lott, Alexander
Journal Article
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Summary/Abstract
The Strait of Hormuz has great significance for the world economy as an oil chokepoint. Yet in recent years, international navigation through the Strait of Hormuz has been repeatedly hampered and subject to discriminatory navigational restrictions and attacks. Such measures have been mostly aimed at oil tankers. This article examines the maritime incidents that occurred in the Strait of Hormuz in 2019: mine attacks against oil tankers and the arrest of an oil tanker by the Iranian armed forces. This study approaches these incidents from the perspectives of the law of the sea and from jus ad bellum.
Key Words
Use of force
;
Self-defense
;
Strait of Hormuz
;
Transit Passage
;
Legal Regime of Straits
;
Armed Attack
;
Innocent Passage
;
Traffic Separation Scheme
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2
ID:
178621
Passage Regimes of the Kerch Strait—To Each Their Own?
/ Lott, Alexander
Lott, Alexander
Journal Article
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Summary/Abstract
This study explores the passage regimes of the Kerch Strait and its adjacent maritime areas in the context of current arbitration proceedings between Ukraine and the Russian Federation. It ascertains that conflicting sovereignty claims over Crimea might lead to strait states and user states alike retaining their different approaches to the passage regime of the Kerch Strait. Thus, the regimes of transit passage and authorization-based passage might simultaneously be applied to the Kerch Strait under the domestic laws of the strait states, law of the sea, and general international law, particularly the obligation of nonrecognition. The law of the sea allows the reconciliation of such conflicting approaches and ensures legal certainty in the shipping lanes of the Kerch Strait if the coastal states agree on and respect a sui generis passage regime.
Key Words
Sovereignty
;
Kerch Strait
;
Transit Passage
;
Historic Bay
;
Legal Regime of Straits
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3
ID:
167524
Russia’s Annexation of Crimea and the Passage of Ships Through Kerch Strait: a law of the sea perspective
/ Schatz, Valentin J; Koval, Dmytro
Schatz, Valentin J
Journal Article
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Summary/Abstract
This article discusses potential Ukrainian rights of passage through Kerch Strait against the background of restrictions on passage imposed by Russia since the annexation of Crimea, taking into account the ongoing arbitral proceedings under Annex VII of the UN Convention on the Law of the Sea. The article addresses first the question of the status of Kerch Strait and the Sea of Azov under the international law of the sea. In a second step, the article deals with the issue of potential Ukrainian passage rights through Kerch Strait based on the legal status discussed in the first section as well as relevant bilateral treaties between Ukraine and Russia.
Key Words
Black Sea
;
Navigation
;
Crimea
;
Internal Waters
;
Annex VII
;
Kerch Strait
;
Sea of Azov
;
Historic Bays
;
Transit Passage
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