STRAITS

By Wan Mariam Wan Abdullah

DEFINITION

A narrow natural
passage or arm
of water
connecting two
larger bodies of
water

LEGAL STATUS

Right of Innocent Passage

(straits connecting an area
of the high seas or an
exclusive economic zone
with the territorial sea of a
third state) Straits of Tiran

CONT

straits formed by an island bordering the strait and

its mainland and within the high seas or an EEZ)
Straits of Messina

CONT

Free navigation
(Strait through which
there is a high seas
route or a route through
an exclusive economic
zone

CONT

Transit Passage
(Straits used for international
navigation between one part of
the high sea or an exclusive
economic zone and another part
of the high sea or an exclusive
economic zone (Art 37) -

CORFU CHANNEL CASE

Facts: British naval force entered the Corfu channel

without complying Albanian regulation for prior
regulation. Albania claimed its sovereignty has
been violated because the strait is not a strait used
for international navigation.

Held: the decisive criterion is the geographical

situation as connecting two parts of the high seas
and the fact its being used for international
navigation.

TRANSIT PASSAGE

The exercise of freedom of navigation

and overflight solely for the continuous
and expeditious transit of the strait
between one area of high seas or EEZ
and another, or in order to leave a
State bordering the Strait (38(2).

DUTIES OF THIRD STATES (ART 39)

Refrain from any threat or use of

force

Refrain from activities other than

those accidental to their normal
modes of continuous and
expeditious transit except by force
of majeure or distress.

CONT

Must comply with other generally accepted

international regulations, procedures and
practices for safety at sea and pollution
from ships (SOLAS, IMO, Aviation
Standards)

Refrain from research and survey activities

during passage unless prior authorisation
is obtained

RIGHT OF THIRD STATES

Transit cannot be
suspended for
security reason (Art
44) also applicable
to military vessels

Corfu Channel case

RIGHTS OF COASTAL STATES

Prescribe sea lanes and traffic separation scheme
To implement international safety and pollution
standards
Legislate for passing vessels in respect of fishing
and the taking of on board or putting overboard for
any commodity , currency or person in violation of
local customs, fiscal, immigration or sanitary
regulations