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Type: Book chapter
Title: 'Do As I Do, Not As I Say' - Navigational freedom and the Law of the Sea Convention
Author: Stephens, D.
Quadrio, T.
Citation: Law of the Sea in South East Asia: Environmental, Navigational and Security Challenges, 2020 / Rothwell, D.R., Letts, D. (ed./s), Ch.10, pp.163-179
Publisher: Routledge
Publisher Place: Abingdon, Oxon; United Kingdom
Issue Date: 2020
ISBN: 9780429664960
Editor: Rothwell, D.R.
Letts, D.
Statement of
Dale Sstephens and Timothy Quadrio
Abstract: The 1982 United Nations Convention on the Law of the Sea (LOSC) might be rightly characterised as a world charter for maritime governance. One key area where there has been ongoing dispute in the context of military activities in maritime zones is the issue of navigational rights and obligations relating to warships. This has found particular expression in the realm of the innocent passage regime through a coastal State’s territorial sea and activities that may be conducted by warships within a coastal State’s archipelagic waters and exclusive economic zone (EEZ). This chapter examines these issues in view of the provisions of the LOSC and explore the background context under which the relevant LOSC provisions were agreed. It is contended that methodologies advanced by the International Law Commission (ILC) to discern relevant State practice do assist in drawing conclusions concerning both the interpretation of treaty provisions as well as parallel rights and obligations under customary international law.
Keywords: The Law of the Sea
Law of the Sea
Navigational Freedom
Law of the Sea Convention
Rights: © 2020 selection and editorial matter, Donald R. Rothwell and David Letts; individual chapters, the contributors The right of Donald R. Rothwell and David Letts to be identified as the authors of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved.
DOI: 10.4324/9780429021053-10
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