An Analysis of the Strategic Attributes of International Straits

Abstract

Straits have frequently received attention in international law writings, treaties, conventions, and court decisions. The primary concern in almost all situations has been the question of passage through those straits considered to be international. Since the function of an international strait is to connect two larger bodies of water, the strategic character of a strait is based on the fact that passage through the strait saves time, cost, and distance. Currently, there is controversy over the existing laws governing passage through international straits. Suggestions have been made that a special juridical regime be established for certain straits, and this passage issue has been a primary concern at the Law of the Sea Conference. If a special juridical regime be proposed, the logical question arises: What criteria should be employed to determine which straits are to be placed under the new jurisdiction? Other questions involve the structure of the regime, its function, and the means of implementation, but this paper addresses only the question regarding criteria. Its purpose is to establish a set of criteria which may be used to evaluate a strait's strategic importance; to categorize certain straits by these criteria; and to review the conflicting positions on the question of passage through international straits by focusing on the Malacca Strait. (Author)