Straits

The importance of straits, particularly those used in international navigation, has been long recognized in international law. One of the important debates during the Third United Nations Law of the Sea Conference concerned the regime of passage through straits used in international navigation. The result was the creation of a multi-tiered legal framework of passage that included the entirely a new “transit passage” regime. Although over thirty years have passed since the adoption of the 1982 United Nations Convention of the Law of the Sea, the vital role played by straits in the global communications network continues to be surrounded by conflicts between the interests of coastal states and shipping. Challenges still exist to achieving the simultaneous global goals of secure passage of vessels and protection of the marine environment. In Navigating Straits: Challenges for International Law, internationally recognized international law scholars provide in-depth analysis of the legal challenges in straits concerning security, piracy, safety and environmental protection. All readers interested in international and law of the sea will find this seminal volume of interest.

The four 1958 Geneva Conventions on the Law of the Sea, which codi?ed and progressively developed this sector of our legislation, were rather ephemeral despite the fact that they were constituent Conventions. In fact, the 1982 United Nations Convention on the Law of the Sea (UNCLOS) again undertook the same task with the same spirit 20 years later after a long drawn out global negotiation process in which all the marine areas and problems pending were analysed and discussed by the countries attending, and an apparently strengthened majority was attained, including the essential agreement between the principal naval powers and the third world countries, symbolised most grossly in the recognition of exclusive economic areas which were 200 miles wide in exchange for a signi?cant alteration to the legal rules applicable to the international straits. From 1973 to 1982, the negotiations showed that there were a number of particular factors affecting the seas: “strait” countries, user countries, long range ?shing countries, embedded countries, archipelagic countries, broad platform countries, etc. In 1982 when the UNCLOS was adopted, it seemed to be a text with justi?ed pretensions to be in force for a long period of time as the nine years of negotiations required for its adoption had taken into account the main problems pending agreement although not absolutely all.

The Singapore and Melaka Straits are a place where regional and long-distance maritime trading networks converge, linking Europe, the Mediterranean, eastern Africa, the Arabian Peninsula and the Indian subcontinent with key centres of trade in Thailand, Indochina, insular Southeast Asia, China, Korea and Japan. The first half of the 17th century brought heightened political, commercial and diplomatic activity to this region. It had long been clear to both the Portuguese and the Dutch that whoever controlled the waters off modern Singapore gained a firm grip on regional as well as long-distance intra-Asian trade. By the early 1600s Portuguese power and prestige were waning and the arrival of the Dutch East India Company constituted a major threat. Moreover, the rapid expansion and growing power of the Acehnese Empire, and rivalry between Johor and Aceh, was creating a new context for European trade in Asia.

This book addresses a wide range of contemporary operational maritime law issues across the spectrum of operations. It provides sophisticated analyses and insights, and offers new interpretations of topics that are directly relevant for contemporary naval operations.The book examines unresolved legal issues in order to provide guidelines for conducting maritime operations, and also offers reference material for general education on the law of naval operations. Further, it serves as a comprehensive resource for operational doctrine and military planning, and presents an approach to dealing with multiple legal issues that demonstrates how modern military operations at sea can legally be executed. Focusing on operational and tactical topics, it is a valuable addition to the bookshelves of military lawyers and operators alike.

An uncompromising study of the fictions, the failures, and the real man behind the myth of Magellan. With Straits, celebrated historian Felipe Fernández-Armesto subjects the surviving sources to the most meticulous scrutiny ever, providing a timely and engrossing biography of the real Ferdinand Magellan. The truth that Fernández-Armesto uncovers about Magellan’s life, his character, and the events of his ill-fated voyage offers up a stranger, darker, and even more compelling narrative than the fictional version that has been celebrated for half a millennium. Magellan did not attempt—much less accomplish—a journey around the globe. In his lifetime he was abhorred as a traitor, reviled as a tyrant, self-condemned to destruction, and dismissed as a failure. Straits untangles the myths that made Magellan a hero and discloses the reality of the man, probing the passions and tensions that drove him to adventure and drew him to disaster. We see the mutations of his character: pride that became arrogance, daring that became recklessness, determination that became ruthlessness, romanticism that became irresponsibility, and superficial piety that became, in adversity, irrational exaltation. As the real Magellan emerges, so do his real ambitions, focused less on circumnavigating the world or cornering the global spice market than on exploiting Filipino gold. Straits is a study in failure and the paradox of Magellan’s career, showing that renown is not always a reflection of merit but often a gift and accident of circumstance.

Based on author's thesis (doctoral - University of Lapland, 2014) issued under title: Passage rights in international law: a case study of the territorial waters of the êAland Islands.

Centenary volume of the Torres Strait Expedition suggesting new ways of looking at its work.