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The (Montreux) Convention regarding the Regime of the Straits, often known simply as the Montreux Convention, is an international agreement governing the Bosporus and Dardanelles straits in Turkey. Signed on 20 July 1936 at the Montreux Palace in Switzerland, it went into effect on 9 November 1936, addressing the long running Straits Question over who should control the strategically vital link between the Black and Mediterranean seas.
The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international treaty that establishes a legal framework for all marine and maritime activities. As of July 2024, 169 States and the European Union are parties.
A strait is a water body connecting two seas or two water basins. While the landform generally constricts the flow, the surface water still flows, for the most part, at the same elevation on both sides and through the strait in both directions. In some straits there may be a dominant directional current through the strait. Most commonly, it is a narrowing channel that lies between two land masses. Some straits are not navigable, for example because they are either too narrow or too shallow, or because of an unnavigable reef or archipelago. Straits are also known to be loci for sediment accumulation. Usually, sand-size deposits occur on both the two opposite strait exits, forming subaqueous fans or deltas.
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Territorial waters are informally an area of water where a sovereign state has jurisdiction, including internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, and potentially the extended continental shelf. In a narrower sense, the term is often used as a synonym for the territorial sea.
Law of the sea is a body of international law governing the rights and duties of states in maritime environments. It concerns matters such as navigational rights, sea mineral claims, and coastal waters jurisdiction. The connotation of ocean law is somewhat broader, but the law of the sea is so comprehensive that it covers all areas of ocean law as well.
Freedom of navigation (FON) is a principle of law of the sea that ships flying the flag of any sovereign state shall not suffer interference from other states when in international waters, apart from the exceptions provided for in international law. In the realm of international law, it has been defined as “freedom of movement for vessels, freedom to enter ports and to make use of plant and docks, to load and unload goods and to transport goods and passengers". This right is now also codified as Article 87(1)a of the 1982 United Nations Convention on the Law of the Sea.
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The Copenhagen Convention, which came into force on 14 March 1857, is a maritime treaty governing transit passage through the Danish straits.
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International piracy law is international law that is meant to protect against piracy. Throughout history and legal precedents, pirates have been defined as hostis humani generis, Latin for "the enemy of all mankind". The United Nations has codified much of the law in the United Nations Convention on the Law of the Sea (UNCLOS), which defines different types of piracy and ways to combat it.
Israeli passage through the Suez Canal and Straits of Tiran was restricted by Egypt, in cooperation with Saudi Arabia, for much of the time between the 1948 Arab-Israeli War and the 1967 Six-Day War. Since the Egypt–Israel peace treaty of 1979, Israel has enjoyed freedom of navigation through the Suez Canal and the Straits of Tiran.
A coastal state is a term found in the law of the sea. Although widely used in the legal documents, including the UN Convention on the Law of the Sea (UNCLOS), this term lacks a precise definition. The "essential idea" of a coastal state is having an open sea coast and asserting the sovereignty or jurisdiction in the areas of the sea adjacent to this coast. Norway, Canada, and Chile are examples of the coastal states, Churchill counts up a total of 150 of such states.
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 aircraft 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. Notable international straits include Bosporus and Dardanelles, Strait of Magellan, Strait of Gibraltar, Strait of Dover, and Danish straits, with the most famous being probably the Strait of Hormuz.
References
- ↑ "UN CLS, Part II".
- ↑ The Fletcher School of Law and Diplomacy (2017). The Law of the Sea Primer (PDF). Tufts College. pp. 20, 23.
- ↑ Bosco, Joseph A. "Are Freedom of Navigation Operations and Innocent Passage Really the Same?". The Diplomat. Retrieved 2016-03-13.
- ↑ "U.S. destroyer challenges China's claims in South China Sea". Reuters. 2017-08-10. Retrieved 2017-08-10.
- ↑ Bugajski, Dariusz R. (2021). Navigational rights and freedoms in the international law and practice. Akademia Marynarki Wojennej. p. 89. ISBN 978-83-961549-1-0. OCLC 1267382284.
- ↑ Rothwell, Donald R.; Bateman, W. S. Walter Samuel Grono (2000-11-14). Navigational Rights and Freedoms, and the New Law of the Sea. Martinus Nijhoff Publishers. ISBN 978-90-411-1499-0.
- ↑ Dupuy, René Jean; Vignes, Daniel (1991-10-16). A handbook on the new law of the sea. 2 (1991). Martinus Nijhoff Publishers. ISBN 978-0-7923-1063-1.
- ↑ Oral 2019, p. 171.
