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TRANSIT PASSAGE (3) answer(s).
 
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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   Journal Article
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.
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2
ID:   178621


Passage Regimes of the Kerch Strait—To Each Their Own? / Lott, Alexander   Journal Article
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.
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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   Journal Article
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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