Territorial Sea

Reading:

**Churchill & Lowe, ch 4.

**Corfu Channel case, 1949 ICJ Reports 4

P. Allott ‘Language, method and the nature of international law’, 45 BYIL 79-135 (1971)

K. Hakapää and E.J. Molenaar, ‘Innocent passage –past and present’, 23 Marine Policy 131-145 (1999)

J. A. Roach and R. W. Smith, United States Responses to Excessive Maritime Claims (2nd ed., 1996).

STRAITS

Reading:

**Churchill & Lowe, ch. 5.

**Corfu Channel case, 1949 ICJ Reports 4

General

J. Langdon, ‘The extent of transit passage: some practical anomalies’, 14 Marine Policy 130-136 (1990)

S. Mahmoudi, ‘Customary international law and transit passage’, 20 ODIL 157-74 (1989).

S. N. Nandan and D. H. Anderson, ‘Straits used for international navigation: A Commentary on Part III of the United Nations Convention on the Law of the Sea 1982’, 60 BYIL 159-204 (1989).

United Nations, Law of the Sea: Straits Used for International Navigation –Legislative History of Part III of the United Nations Convention on the Law of the Sea (New York, United Nations), 2 vols, 1991, 1992.

Particular straits

F. D. Froman, ‘Kiev and the Montreux Convention’ 14 San Diego Law Review 681-717 (1977).

B. Spadi, ‘The Bridge on the Strait of Messina’, 50 ICLQ 412-419 (2001)

T. L. McDorman ‘In the wake of the Polar Sea: Canadian jurisdiction and the Northwest Passage’, 10 Marine Policy 243-57 (1986)

QUESTIONS:

1. Hypothetical:- A company incorporated in the United Kingdom, wishes to set up a casino on board a merchant ship registered in Panama and to operate it off the coasts of States where gambling is prohibited. The plan is to sail the ship on voyages between ports in the region, not necessarily in States where gambling is prohibited. Would a State be entitled to stop the ship, or arrest those on board, if gambling were in progress while the ship was passing through the State’s territorial waters?

2. Is a State entitled to refuse entry to its territorial sea to a ship carrying persons who have been saved from shipwreck on the high seas?

3. Would a State be entitled to stop and search a foreign ship in its territorial sea in the search for illegal arms or narcotics?

4. Is there a right of transit passage in customary international law?

5. To what extent might the right of transit passage lawfully be constrained by the building of a bridge across an international strait?