Abstract

Navigation of ships carrying radioactive materials is directly envisaged by the United Nations convention on the law of the sea (UNCLOS) in only two provisions. The first is article 22 and the second is article 23. In declarations made under Article 310, six States claim the right to require prior authorization for the passage of ships carrying radioactive materials in their territorial sea. Some States hold that the Basel Convention permits prior authorization of passage through the territorial sea or the exclusive economic zone (EEZ), while others exclude it. Notification without authorization is an interesting attempt at finding a middle ground, in which the opposition of extreme positions would be set aside and replaced by a more practical give and take. Keywords: coastal State; exclusive economic zone (EEZ); navigation of ships; Notification; prior authorization; radioactive materials; UNCLOS

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