The Navigational Rights of Nuclear Ships
Leiden Journal of International Law, Vol. 15, pp. 251-265, 2002
15 Pages Posted: 4 Feb 2009 Last revised: 27 Mar 2009
Date Written: 2002
Even though Article 23 of the 1982 Convention on the Law of the Sea explicitly acknowledges the right of innocent passage through the territorial sea to nuclear vessels, many coastal states have recently forbidden or submitted to authorization the passage of ships carrying radioactive materials: this reveals a trend towards a more restrictive concept of "innocent passage." As to straits used for international navigation and archipelagic sea lanes, the ius communicationis is still prominent and every measure that might prejudice the navigational rights of nuclear ships would not be consistent with the Montego Bay Convention.
Keywords: archipelagic sea lanes passage, innocent passage, Montego Bay Convention, nuclear ships, transit passage, international straits
JEL Classification: K33
Suggested Citation: Suggested Citation