Copyright (c) 2006 Florida State University
Journal of Transnational Law & Policy
ARTICLE: TRANSNATIONAL SHIPMENTS OF NUCLEAR MATERIALS BY SEA: DO CURRENT SAFEGUARDS PROVIDE COASTAL STATES A RIGHT TO DENY INNOCENT PASSAGE?
16 J. Transnat'l L. & Pol'y 73
David B. Dixon*
The maritime transport of nuclear materials has created a conflict between two international law regimes: the United Nations International Law of the Sea 1 (UNCLOS), and the developing customary law of the "precautionary principle" in international environmental law. This conflict became apparent in recent years when several coastal states denied passage to ships transporting nuclear materials arguing the shipments posed an environmental threat. This conflict has raised an issue which is currently unresolved: Do coastal states have a right to prohibit innocent passage to ships carrying nuclear materials if these ships fail to fulfill the requirements of the precautionary principle?
This paper will begin by examining the legitimate concerns of both shipping and coastal states by describing several of the recent controversies in the transnational shipment of nuclear materials leading to the current international legal dispute. Part Three will discuss the international legal basis for the precautionary principle and its several manifestations in both hard and soft law documents. The safeguards regime for ocean shipments of nuclear materials will be explored in Part Four. Part Five will explore the provisions of UNCLOS relating to innocent passage and environmental protection to decipher whether coastal States have a right to deny innocent passage to shipments of nuclear materials, and if so when. Lastly, Part Six will discuss several recommendations of how best to resolve this real and doctrinal conflict between states shipping nuclear materials and coastal states denying passage. The paper concludes by finding the current ...
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.