Law of the sea in the context of "Transit passage"

⭐ In the context of transit passage, which of the following characteristics is NOT a restriction on the exercise of this right within a strait?

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⭐ Core Definition: Law of the sea

Law of the sea (or ocean law) is a body of international law governing the rights and duties of states in maritime environments. It concerns matters such as navigational rights, sea mineral claims, and coastal waters jurisdiction. The connotation of ocean law is somewhat broader, but the law of the sea (anchored in the United Nations Convention on the Law of the Sea (UNCLOS)) is so comprehensive that it covers all areas of ocean law as well (e.g., marine environmental law, maritime law).

While drawn from a number of international customs, treaties, and agreements, modern law of the sea derives largely from the United Nations Convention on the Law of the Sea. That convention is effective since 1994, and is generally accepted as a codification of customary international law of the sea, and is sometimes regarded as the "constitution of the oceans".

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👉 Law of the sea in the context of Transit passage

Transit passage is a concept of the law of the sea, which allows a vessel or aircraft the freedom of navigation or overflight solely for the purpose of continuous and expeditious transit of a strait between one part of the high seas or exclusive economic zone and another. The requirement of continuous and expeditious transit does not preclude passage through the strait for the purpose of entering, leaving or returning from a state bordering the strait, subject to the conditions of entry to that state. The transit passage may be exercised regardless of the nationality (flag) of the ship, its form of ownership, the merchant or government status of a ship or warship, the private or government status of an aircraft (under the Convention on International Civil Aviation of 1944).

Within such straits (article 37 of UNCLOS), including Arctic straits, all ships and aircraft enjoy the right of transit passage (article 38 of UNCLOS), in accordance with Part III of UNCLOS, which means the right of navigation and overflight solely for the purpose of continuous and expeditious transit of the strait between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone.

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Law of the sea in the context of Maritime law

Maritime law or admiralty law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous multilateral treaties.

Admiralty law, which mainly governs the relations of private parties, is distinguished from the law of the sea, a body of public international law regulating maritime relationships between nations, such as navigational rights, mineral rights, and jurisdiction over coastal waters. While admiralty law is adjudicated in national courts, the United Nations Convention on the Law of the Sea has been adopted by 167 countries and the European Union, and disputes are resolved at the ITLOS tribunal in Hamburg.

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Law of the sea in the context of Sustainable Development Goal 14

Sustainable Development Goal 14 (Goal 14 or SDG 14) is about "Life below water" and is one of the 17 Sustainable Development Goals established by the United Nations in 2015. The official wording is to "Conserve and sustainably use the oceans, seas and marine resources for sustainable development". The Goal has ten targets to be achieved by 2030. Progress towards each target is being measured with one indicator each time by time.

The first seven targets are outcome targets: Reduce marine pollution; protect and restore ecosystems; reduce ocean acidification; sustainable fishing; conserve coastal and marine areas; end subsidies contributing to overfishing; increase the economic benefits from sustainable use of marine resources. The last three targets are means of implementation targets: To increase scientific knowledge, research and technology for ocean health; support small scale fishers; implement and enforce international sea law. One indicator (14.1.1b) under Goal 14 specifically relates to reducing impacts from marine plastic pollution.

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Law of the sea in the context of Coastal state

A coastal state is a term found in the law of the sea. Although widely used in the legal documents, including the UN Convention on the Law of the Sea (UNCLOS), this term lacks a precise definition. The "essential idea" of a coastal state is having an open sea coast and asserting the sovereignty or jurisdiction in the areas of the sea adjacent to this coast. Norway, Canada, and Chile are examples of the coastal states, Churchill counts up a total of 150 of such states (while considering the definition in the Virginia Commentary, "the State from the coastline or baselines of which the breadth of the territorial sea is measured" to be "overly narrow").

The interests of a coastal state can be in conflict with those of the maritime nations (the ones that greatly depend on the sea trade routes). For example, when the marine pollution is concerned, the coastal states seek to protect their shores and waters, while the maritime nations worry about limits the protective regulations place onto the freedom of navigation. Many states have both maritime and coastal interests, so the groups of coastal and maritime states intersect to a large degree.

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Law of the sea in the context of Innocent passage

Innocent passage is a concept in the law of the sea that allows for a vessel to pass through the territorial sea (and certain grandfathered internal waters) of another state, subject to certain restrictions. The United Nations Convention on the Law of the Sea Article 19 defines innocent passage as:

Underwater vehicles like submarines are required by the treaty to surface and show their flags during innocent passage.

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Law of the sea in the context of Copenhagen Convention of 1857

The Copenhagen Convention, which came into force on 14 March 1857, is a maritime treaty governing transit passage through the Danish straits.

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