that many coastal States are ignoring the principle of pacta sunt servanda.
120 As
coastal States continue to persist and succeed, in varying measures, in their endeavours to claim subtle and broader powers to interfere with passage of foreign vessels
in territorial waters (and EEZ), the escalation of conflict between coastal State
control and freedoms and rights of user States is unlikely to be reversed.
References
Agyebeng WK (2006) Theory in search of practice: the right of innocent passage in the territorial
sea. Cornell Int Law J 39(2):371–399
Ahmed A (2017) International law of the sea: an overlook and case study. Beijing Law Rev 8
(1):21–40. https://doi.org/10.4236/blr.2017.81003
Al Jazeera (2015) Iran releases Maersk Tigris cargo vessel. Retrieved February 10, 2019, from
https://www.aljazeera.com/news/2015/05/iran-releases-maersk-tigris-cargo-vessel150507092841260.html?xif¼%20accessed%2019%20March%202019
Bateman S (2005) Security and the law of the sea in East Asia: navigational regimes and exclusive
economic zones. Paper presented in SLS and BIICL Symposium on the Law of the Sea, London,
22–23 March 2005
Bateman S (2015) Some thoughts on Australia and the freedoms of navigation. Secur Chall 11
(2):57–67. Retrieved February 15, 2019, from https://www.jstor.org/stable/26465438
Bateman SW (2010) Coastal State regulation of navigation in adjacent waters: the example of the
Torres Strait and Great Barrier Reef. Paper presented in “Contentious Issues in UNCLOS -
Surely Not?”, 6th IHO-IAG ABLOS Conference, Session 1, Paper 1, International Hydrographic Bureau, Monaco, 25–27 October 2010. Retrieved March 19, 2019, from https://www.
iho.int/mtg_docs/com_wg/ABLOS/ABLOS_Conf6/S1P1-P.pdf
BBC News (2015) Maersk Tigris: Iran releases seized cargo ship. Retrieved February 16, 2019,
from https://www.bbc.com/news/world-middle-east-32621300
Breide C, Saunders P (2008) Challenges to the UNCLOS Regime: National Legislation which is
Incompatible with International Law. Paper presented in “Difficulties in Implementing the
Provisions of UNCLOS”, 5th IHO-IAG ABLOS Conference, Session 5, Paper 2, International
Hydrographic Bureau, Monaco, 15–17 October 2008. Retrieved March 12, 2019, from https://
www.iho.int/mtg_docs/com_wg/ABLOS/ABLOS_Conf5/Papers/Session5-Paper2-Breide.pdf
Burnside J (2002) Refugees: the Tampa case. Postcolonial Stud 5(1):17–28
Dixon DB (2006) Transnational shipments of nuclear materials by Sea: do current safeguards
provide coastal states a right to Deny innocent passage. J Transnl Law Policy 16(1):73–99
Ebbs CL, Upcher J (2015) Prevention, transit, and innocent passage under the Arms Trade Treaty.
Expert Group on ATT Implementation, Briefing No. 3. Saferworld, London
Eronen M (2018) Legal aspects and liability issues concerning autonomous shipping. E-navigation
Underway, 2018. 24–26 January 2018
Eruaga OA, Mejia MQ Jr (2019) Piracy and Armed Robbery against ships: revisiting international
law definitions and requirements in the context of the gulf of Guinea. Ocean Yearb 33:421–455
Government of Canada, Prime Minister’s Office (2008) Backgrounder - Extending the Jurisdiction
of Canadian Environment and Shipping Laws in the Arctic. Retrieved February 10, 2019, from
http://pm.gc.ca/eng/media.asp?id¼2246
120 Pacta sunt servanda is a latin term which means agreements must be kept. It is the principle in
international law which says that international treaties should be upheld by all the signatories.
254
A. Hebbar
120 As
coastal States continue to persist and succeed, in varying measures, in their endeavours to claim subtle and broader powers to interfere with passage of foreign vessels
in territorial waters (and EEZ), the escalation of conflict between coastal State
control and freedoms and rights of user States is unlikely to be reversed.
References
Agyebeng WK (2006) Theory in search of practice: the right of innocent passage in the territorial
sea. Cornell Int Law J 39(2):371–399
Ahmed A (2017) International law of the sea: an overlook and case study. Beijing Law Rev 8
(1):21–40. https://doi.org/10.4236/blr.2017.81003
Al Jazeera (2015) Iran releases Maersk Tigris cargo vessel. Retrieved February 10, 2019, from
https://www.aljazeera.com/news/2015/05/iran-releases-maersk-tigris-cargo-vessel150507092841260.html?xif¼%20accessed%2019%20March%202019
Bateman S (2005) Security and the law of the sea in East Asia: navigational regimes and exclusive
economic zones. Paper presented in SLS and BIICL Symposium on the Law of the Sea, London,
22–23 March 2005
Bateman S (2015) Some thoughts on Australia and the freedoms of navigation. Secur Chall 11
(2):57–67. Retrieved February 15, 2019, from https://www.jstor.org/stable/26465438
Bateman SW (2010) Coastal State regulation of navigation in adjacent waters: the example of the
Torres Strait and Great Barrier Reef. Paper presented in “Contentious Issues in UNCLOS -
Surely Not?”, 6th IHO-IAG ABLOS Conference, Session 1, Paper 1, International Hydrographic Bureau, Monaco, 25–27 October 2010. Retrieved March 19, 2019, from https://www.
iho.int/mtg_docs/com_wg/ABLOS/ABLOS_Conf6/S1P1-P.pdf
BBC News (2015) Maersk Tigris: Iran releases seized cargo ship. Retrieved February 16, 2019,
from https://www.bbc.com/news/world-middle-east-32621300
Breide C, Saunders P (2008) Challenges to the UNCLOS Regime: National Legislation which is
Incompatible with International Law. Paper presented in “Difficulties in Implementing the
Provisions of UNCLOS”, 5th IHO-IAG ABLOS Conference, Session 5, Paper 2, International
Hydrographic Bureau, Monaco, 15–17 October 2008. Retrieved March 12, 2019, from https://
www.iho.int/mtg_docs/com_wg/ABLOS/ABLOS_Conf5/Papers/Session5-Paper2-Breide.pdf
Burnside J (2002) Refugees: the Tampa case. Postcolonial Stud 5(1):17–28
Dixon DB (2006) Transnational shipments of nuclear materials by Sea: do current safeguards
provide coastal states a right to Deny innocent passage. J Transnl Law Policy 16(1):73–99
Ebbs CL, Upcher J (2015) Prevention, transit, and innocent passage under the Arms Trade Treaty.
Expert Group on ATT Implementation, Briefing No. 3. Saferworld, London
Eronen M (2018) Legal aspects and liability issues concerning autonomous shipping. E-navigation
Underway, 2018. 24–26 January 2018
Eruaga OA, Mejia MQ Jr (2019) Piracy and Armed Robbery against ships: revisiting international
law definitions and requirements in the context of the gulf of Guinea. Ocean Yearb 33:421–455
Government of Canada, Prime Minister’s Office (2008) Backgrounder - Extending the Jurisdiction
of Canadian Environment and Shipping Laws in the Arctic. Retrieved February 10, 2019, from
http://pm.gc.ca/eng/media.asp?id¼2246
120 Pacta sunt servanda is a latin term which means agreements must be kept. It is the principle in
international law which says that international treaties should be upheld by all the signatories.
254
A. Hebbar