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An international strait is a narrow natural waterway connecting two parts of the high seas or exclusive economic zones, used for international navigation. Per the United Nations Convention on the Law of the Sea (UNCLOS), a transit passage regime prevails in such straits for both ships and aircrafts with few exceptions, even when the territorial waters of bordering country or countries overlap. Worldwide, more than 200 straits might satisfy the criteria of an international strait.[1] Notable international straits include Bosporus and Dardanelles, Strait of Magellan, Strait of Gibraltar, Strait of Dover, and Danish straits.[2]
Terminology
editThe term is defined in articles 37 and 38 of the UNCLOS III.[1] The convention does not use the term "international strait" to prevent a confusion with international waters,[citation needed] describing instead the straits used for international navigation.[3]
Some experts suggest a broader definition of the "international strait". In particular, the following list is proposed:[3]
- straits used for international navigation with their transit passage regime;
- geographic straits where a high seas corridor remains. The territorial waters part of such strait is governed by the innocent passage regime;[4]
- straits governed by long-standing conventions. Sailing through such straits is governed by the conventions;[5]
- straits where a high seas alternatives are of "similar convenience", typically due to the coastal state choosing to keep a 3 mile territorial waters. In this case only innocent passage is possible in the territorial waters;[5]
- straits formed by islands are governed by a non-suspendable innocent passage regime;[5]
- archipelagic straits with archipelagic sea lanes passage regime;
- dead end straits with innocent passage regime.[6]
References
edit- ^ a b Alexander 1991, p. 91.
- ^ Brovka 2009.
- ^ a b SJ Advocate 2021, p. 40.
- ^ SJ Advocate 2021, p. 41.
- ^ a b c SJ Advocate 2021, p. 42.
- ^ SJ Advocate 2021, p. 43.
Sources
edit- Alexander, Lewis M. (1991). "International straits". In Robertson, Horace B. Jr. (ed.). The Law of Naval Operations. International law studies. Vol. 64. pp. 91–108.
- Brovka, Yu. P. (2009). "Международный пролив" [International strait] (PDF). Белорусская юридическая энциклопедия [Belorussian law encyclopedia] (in Russian). Минск: ГИУСТ БГУ. p. 223.
- SJ Advocate (2021). "International Straits". International Law Studies. 97. Stockton Center for International Law: 39–44. ISSN 2375-2831.
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