Izvorni znanstveni članak
Regime of straits in the Adriatic sea under the UN Convention on the Law of the Sea (1982)
Daška Dugošević
Sažetak
The extension of the territorial sea to 12 nautical miles and the adoption of that rule in UNCLOS III have consequences in respect to passage through straits important for international navigation because ships have to navigate through the territorial sea of one of the coastal states. In this situation the maritime powers did not consider the innocent passage regime as appropriate to ensure navigation through international straits.
The UN Convention on the Law of the Sea provides two regimes for passage through such straits: the regime of transit passage, which is the regime generally adopted for straits used for international navigation, and the regime of innocent passage retained only in respect of some straits. As provided in Article 28 par. 2, transit passage represents the exercise ''of the freedom of navigation and overflight solely for the purpose of continuous and expeditious transit of the strait between one part of the high sea or an exclusive economic zone and another part of the high sea or an exclusive economic zone. The regime of innocent passage is retained only in respect of two kinds of straits: a) straits formed by an island of a State bordering the strait and its mainland, if there exists seaward of the island a route through the high sea of through an exclusive economic zone of similar convenience with respect to navigational and hydrographical characteristics; b) a strait between a part of the high seas or an exclusive economic zone and territorial sea of the foreign State. The regime of innocent passage is applicable only to ship while in the regime of transit passage warships and all kinds of aircraft are included, submarines are not required to navigate on surface and to show their flag. It is obvious that the regime of transit passage is more liberal than the regime of innocent passage.
In the case of States possessing numerous islands adjacent to their coast that form a great number of alternative straits which is the situation in the Adriatic sea, the question of interpretation of Article 38 par. 1 of the Convention arises. This Article provides an exception of transit passage in the case of straits formed by the mainland and islands belonging to the same State, but this Article does not provide this solution for the straits situated between numerous islands. Forced with this situation the Governments of Yugoslavia and Greece made declarations in accordance with Article 310 of the Convention at the same time of ratification and signing the Convention. The meaning of the declarations was to ensure for ships and aircrafts of third countries the right of transit passage at least in one of the straits serving the same route, but the State bordering the strait should not be obliged to permit the application of the liberal regime of transit passage in all straits serving the same route for international navigation. In conformity with the Convention the State bordering the strait may designate sea lines and prescribe traffic separation schemes for navigation in straits where necessary to promote the safe passage of ships in accordance with the recommendation of the International Maritime Organization. Such regulation should be useful in the Adriatic sea, especially for navigation of large ships, tankers and ships with dangerous cargoes.
Ključne riječi
straits; regime of transit passage; regime of innocent passage; territorial sea; Adriatic sea; UN Convention on the Law of the Sea (1982); exclusive economic zone;
Hrčak ID:
213987
URI
Datum izdavanja:
4.6.1990.
Posjeta: 586 *