ARTICLE: The Right of Archipelagic Sea Lanes Passage: A Primer Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 1995 Virginia Journal of International Law Association
Virginia Journal of International Law

ARTICLE: The Right of Archipelagic Sea Lanes Passage: A Primer

Summer, 1995

35 Va. J. Int'l L. 719

Author

J. Peter A. Bernhardt *

Excerpt





I. Introduction 1
 


The most radical change the 1982 United Nations Convention on the Law of the Sea (LOS Convention) 2 wrought in the traditional navigational regime was the recognition of the midoceanic archipelagic state. Equally important was its concomitant: the recognition of archipelagic waters over which the sovereignty of an archipelagic state extends and through which the international community exercises the right of archipelagic sea lanes passage. The significance of the change in juridical nature of these waters from high seas in which foreign flags previously enjoyed the traditional freedoms of navigation and overflight to archipelagic waters over which the sovereignty of the archipelagic state extends cannot be overstated. The international navigation community was prepared to recognize this departure from the status quo ante only on the condition that crucial navigational rights would be specifically preserved in inalienable and incontrovertible provisions in the text of the LOS Convention. This juridical quid pro quo became the essence of the archipelagic state negotiations and resulted in the establishment of the right of archipelagic sea lanes passage, which article 53(3) of the LOS Convention defines as


 
the exercise in accordance with this Convention of the rights of navigation and overflight in the normal mode solely for the purpose of continuous, expeditious and unobstructed transit between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone. 3


Indonesia is undeniably first in importance among archipelagic states ...
 
 
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/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities