A Historical Overview of the Legal Status of Straits Used for International Navigation Under International Law

1 (2) AALCO Journal of International Law 103 (2012)

29 Pages Posted: 24 Jan 2014

See all articles by Mohd Hazmi bin Mohd Rusli

Mohd Hazmi bin Mohd Rusli

Australian National Centre for Ocean Resources and Security (ANCORS), University of Wollongong, Australia.

Date Written: January 1, 2012

Abstract

This article examines the legal status of straits used for international navigation under international law. The discussion of the legal status of straits originated from the question on whether or not freedom of navigation should apply to vessels navigating through straits. The first part of this article discusses the debate between freedom of the sea vis-à-vis closed sea. The latter part discusses the efforts of the global community to formulate an acceptable legal status of straits. This article considers arguments put forward by jurists in early seventeenth century until the transit passage regime was officially accepted as the navigational regime applicable in straits used for international navigation in 1982. This article concludes by observing whether or not the transit passage regime has achieved the status of customary international law.

Suggested Citation

Rusli, Mohd Hazmi bin Mohd, A Historical Overview of the Legal Status of Straits Used for International Navigation Under International Law (January 1, 2012). 1 (2) AALCO Journal of International Law 103 (2012). Available at SSRN: https://ssrn.com/abstract=2384416

Mohd Hazmi bin Mohd Rusli (Contact Author)

Australian National Centre for Ocean Resources and Security (ANCORS), University of Wollongong, Australia. ( email )

Northfields Avenue
Wollongong, New South Wales 2522
Australia

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