Chapter Twelve Navigation of Ships with Nuclear Cargoes: Dialogue between Flag and Coastal States as a Method for Managing the Dispute

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 second is Article 23. These provisions confirm that ships carrying radioactive materials enjoy the right of innocent passage, with a possible requirement of using sea lanes and the need to carry documents prescribed by international agreements. according to UNCLOS, a ship carrying radioactive materials enjoys the right of innocent passage in the territorial sea and freedom of navigation in the exclusive economic zone (EEZ). In light of the difference between the two zones that makes the position of the coastal State in the territorial sea stronger than it is in the EEZ, the restrictions may be more severe, and in any case no less severe, for passage through the territorial sea than for navigation in the EEZ. Keywords: exclusive economic zone (EEZ); international agreements; Navigation of ships; radioactive materials; UNCLOS