Freedom Of Navigation Research Articles

Analysis of the Jurisprudence of Article 58 of the United Nations Convention on the Law of the Sea (UNCLOS) and the Positions of West African Countries

Article 58 of the United Nations Convention on the Law of the Sea (UNCLOS) addresses the rights and obligations of States in the exclusive economic zones (EEZ) of other States. It guarantees third-party States the freedom of navigation, the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to these activities. However, these rights must be exercised in accordance with the laws and regulations of the coastal State and the UNCLOS itself. The jurisprudential analysis of this article reveals various interpretations, often influenced by distinct national contexts and interests. Disputes related to the EEZ mainly focus on issues of maritime delimitation, the exploitation of natural resources, and the protection of the marine environment. West African countries, rich in marine resources, have diverse positions depending on their economic, security, and environmental interests. Some favor a strict application of their sovereign rights to maximize economic benefits and resource sustainability, while others advocate for regional cooperation to manage potential conflicts and strengthen maritime security. In summary, Article 58 of UNCLOS is essential for balancing the interests of coastal States and third-party States in the EEZ while allowing for the harmonious management of maritime resources and maritime security.

The 2022 ICJ Judgment in Nicaragua v. Colombia: Towards a Theory of Exclusivity in Allocating Rights and Jurisdiction between the Coastal and Other States?

Abstract In Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia), the International Court of Justice delves into the matter of exclusivity when assessing alleged violations committed by foreign States within an Exclusive Economic Zone. Additionally, the Court examines the legality of legislative acts concerning the contiguous zone and outlines criteria for the drawing of straight baselines. The Court’s aim seems to be establishing a comprehensive theory of exclusivity, seeking to allocate and balance the rights and jurisdiction of coastal States and other States involved. In this context, it becomes apparent that the abstract notion of freedom of navigation imposes limitations on coastal States, preventing them from enacting legislation that expands the scope of their jurisdiction or adopts a liberal interpretation of permissible conditions within relevant regulatory frameworks. The implications of this theory for the evolution of the legal order pertaining to maritime spaces warrant significant attention.

The United States and Partners Use Force Against the Houthis to Protect Freedom of Navigation in the Red Sea and the Gulf of Aden

The United States and Partners Use Force Against the Houthis to Protect Freedom of Navigation in the Red Sea and the Gulf of Aden

Nature of INDO-US Maritime Cooperation

Indo-US maritime cooperation is a symbol of a strategic alliance built on shared geopolitical interests and a commitment to preserving peace and security in the Indo-Pacific region. Two major maritime powers, India and the United States, have come to understand the value of cooperating to find solutions to pressing problems including disaster assistance, freedom of navigation, maritime security, and counterterrorism. This cooperation is exemplified by joint naval drills, intelligence exchange, and technology transfer, all of which are indicative of a common understanding of the significance of the maritime domain in global affairs. The alliance aims to safeguard maritime commons, promote economic expansion, and advance a norm-based international order. Combining their naval force allows both nations to respond to emerging threats and preserve regional peace.

Yemeni and regional maritime doctrine in light of the decline of the liberal theory of freedom of navigation in EEZ

The presence of the USCENTCOM , AFRICOM and 34 foreign countries in the vital Yemeni, Arab, and national maritime spheres contributed to a flagrant violation of maritime laws and international political relations. Likewise, the presence and activities of the strategic and tactical military naval units of the aircraft carrier, submarines, and American and British nuclear naval destroyers in the Red Sea. The Gulf of Aden is a breach and violation of international law and agreements regulating freedom of navigation and a blatant assault on Yemeni sovereignty in its vital maritime sphere, as it is located in exclusive Yemeni economic waters, in addition to its nuclear effects in destroying the marine environment and human security. It constitutes a source of danger to food and maritime security, stability, and international peace. The study aims to clarify the influence of Western geopolitical thought and the behavior of American foreign policy in international relations and maritime laws, which is witnessing a major decline and failure in its global policy because it used the policy of American military force to achieve its own political goals and imposed the methodology of Western liberal maritime thought to control and limit the rights of the Yemeni, Arab, and Islamic coastal states. Which contradicts customs, laws, and agreements and affects historical rights and the Yemeni, Arab, and regional maritime domain. The study is expected to confirm the modern Yemeni, Arab, and Islamic hypothesis that the high seas and international maritime waters are within a distance of 200 nautical miles from the baseline and to affirm the right of Yemen and the Arab nation to be protected. The vital area of the United Arab Emirates and the Islamic and regional countries extends from the Atlantic Ocean to the Mediterranean, the Arabian Gulf, the eastern and western Indian Ocean to the Antarctic Ocean, and there is a call for holding maritime conferences in order to develop traditional Western maritime legal theories and concepts that seek to limit the rights of coastal states, establish perceptions, and reach an update to the laws regulating freedom of maritime navigation in accordance with the views of the peoples of the world and in response to global changes in multipolarity.

“Environmental Dimension” of Article 234 of the United Nations Convention on the Law of the Sea and Russian Legislation on the Regulation of Navigation in the Waters of the Northern Sea Route

INTRODUCTION. Climate change in the Arctic, caused by global warming, as well as the political processes taking place in the world associated with increased pressure from the countries of the collective West on the Russian Federation, again raise in Western doctrine the question of the validity of the Russian Federation establishing a national regime for navigation in the waters of the Northern Sea Route in accordance with Article 234 of the 1982 UN Convention on the Law of the Sea. Doubts have been raised about our country’s compliance with the Convention’s requirement to maintain a balance between freedom of navigation and environmental protection. The purpose of this work is to analyze the validity of claims against the Russian Federation regarding its alleged abuse of the right to establish a national regime for navigation in the Arctic under the guise of environmental protection.MATERIALS AND METHODS. The problems raised in the work are structurally divided into three main groups. The first of them is related to the analysis of the characteristics of shipping in the Arctic under conditions of a changing climate, as well as the determination of the need to establish a special legal regime for navigation in polar waters. The second is devoted to the systematic interpretation of Article 234 of the UN Convention on the Law of the Sea, in its relationship with other norms of the Convention, identifying the criteria and restrictions established therein in relation to the rules of navigation adopted by the coastal state in ice-covered areas, as well as the legal content of the requirement of “due attention to navigation and protection and conservation of the marine environment.” The third part of the work is devoted to assessing the legislation of the Russian Federation on the regulation of navigation along the Northern Sea Route for its compliance with the requirements of Article 234 and maintaining the balance of freedom of navigation and protection of the marine environment in the Arctic.RESEARCH RESULTS. The legislation of the Russian Federation on the regulation of navigation in the waters of the Northern Sea Route fully meets the conditions and criteria established by Article 234 of the Convention, and is aimed at ensuring the functioning of a unified and centralized system for managing the safety of navigation in the particularly dangerous conditions of the Arctic, preventing accidents and environmental pollution environment. The restrictions established by Russian legislation are not discriminatory and are based on current and constantly updated scientific data.DISCUSSION AND CONCLUSIONS. Shipping in polar waters involves enormous risks to human life, valuable property and an extremely fragile and vulnerable environment. The effects of global warming are only exacerbating these risks, leading to increased ice instability and worsening climate problems. In this regard, in ice-covered areas, a centralized navigation management system is objectively necessary, and the establishment of special, uniform legal regulation to ensure the uninterrupted functioning of such a system. A systematic interpretation of Article 234 of the UN Convention on the Law of the Sea allows us to conclude that the establishment by a coastal state within its EEZ of non-discriminatory laws and regulations aimed at preventing, reducing and keeping under control pollution of the marine environment from ships is not a privilege, but a duty of the state based on its more general obligation to protect the marine environment, established in articles 192 and 194 of the UN Convention on the Law of the Sea. The rule of “due respect to navigation” in this regard should be interpreted to mean that the restrictions and requirements imposed by the laws and regulations of the coastal State must be primarily aimed at ensuring the safety and protection of the marine environment in harsh climatic conditions, without being at the same time discriminatory, unreasonable and excessive.

Black Sea Grain initiative: bringing lawfare to conventional armed conflict

ABSTRACT The Black Sea Grain Initiative (BSGI) signed between Ukraine, Russia, and Turkey under UN auspices reflected continuity of the long-standing Russian hybrid approach to interference with the freedom of navigation in the Black Sea. The BSGI was an attempt to resolve the threat of a global food crisis associated with the Russo-Ukrainian armed conflict. It applied unique legal and organizational solutions to create and operate a maritime humanitarian corridor. However, it avoided addressing the fact of the Russo-Ukrainian armed conflict and the applicable laws thereof. As a result, the agreement developed a specific set of rules related neither to peacetime nor to armed conflict regulation, enabling the parties to exploit its provisions as lawfare instruments, thereby negatively affecting the initiative's outcomes. This article examines BSGI implementation to determine the pros and cons of such an approach for ensuring neutral shipping during armed conflicts in the maritime domain.

Региональная безопасность в Арктике. Роль РФ и КНР в её укреплении

The authors examine the problems of cooperation between Russia and China in the Arctic, which is becoming an important factor in international relations. Despite the coinciding and divergent interests of the Russian Federation and China in the Arctic, the two states are extremely interested in managing regional security in this region. The object of the study is Russian-Chinese relations in the process of strengthening regional security in the Arctic. The subject is the peculiarities of Russian-Chinese interaction in strengthening regional security in the Arctic. The purpose of the study is to identify contradictions in the Arctic policies of the two countries that will not prevent them from fruitfully co-operating in Arctic development and protecting their national interests. The main research objectives are: to study Russian-Chinese cooperation in strengthening regional security in the Arctic; to identify new opportunities for Russian-Chinese cooperation in strengthening regional security in the Arctic; to analyze threats and challenges to Russian-Chinese cooperation in strengthening regional security in the Arctic. As a result of the research, the authors identify the main ways and forms of strengthening this security, emphasizing the strengthening of its military-strategic component. The authors’ main conclusion is that some contradictions in the Arctic policy of the two countries do not prevent them from fruitful co-operation in the development of the Arctic and the protection of their national interests. Strengthening traditional and non-traditional security in the Arctic is dictated by the need to assert the principle of freedom of navigation, which China insists on. Although the practical implementation of this principle is still far off, it will remain purely theoretical for a long time. However, different interpretations of international legal instruments governing the Arctic policy of states have led to misunderstandings, concerns and disagreements between the two states.

Fees Received under the Montreux Convention: An Assessment on the Value of the Golden Frank

Montreux Convention signed in 1936 regulates the cruise and voyage passages through İstanbul Strait, Marmara Sea and Çanakkale Strait, known as the Turkish Straits. Within the framework of this convention, there are mutual rights and obligations concerning the navigation through the Turkish Straits and pertain to both the vessels utilizing the straits for passage and the Republic of Türkiye, which holds sovereignty over these straits. While the ships passing through the Turkish Straits benefit from the freedom of navigation, it is stipulated that they make payments to the Republic of Türkiye for the services (sanitary control, lighthouse, life-saving services) included in Annex-1 of the convention. Articles 1 and 4 of this annex refer to these fees. The article examines these issues. Annex-1 states that the amount to be paid will be determined in terms of net ton, service type, and Gold Francs. Taking into consideration the number of ships passing through the straits and their total tonnage, this study makes a mutual comparison between the Golden Francs application in the Montreux Convention and the current applications in determining the fees charged by Türkiye and discusses which of the methods would provide more gains to the Republic of Türkiye. The result of the study clearly shows that the new pricing policy to be applied can provide more income to Türkiye and can be in line with the spirit of the Montreux Convention.

The Legal Status Issue of Unmanned Maritime Vehicles (UMVs) Used for Military Purposes

In parallel with the advances in technology, the use of unmanned vehicles on the battlefield for military purposes is becoming increasingly widespread. Since the beginning of the new millennium, the undeniable contributions of Unmanned Aerial Vehicles (UAVs) in combat and combat support operations, especially in Afghanistan and Iraq, have made these vehicles indispensable for states, while on the other hand, it has affected the expansion and deepening of the range of missions of unmanned vehicles used in the maritime environment within a limited framework. However, the use of UMVs, which are gaining importance for states day by day and becoming a force multiplier, has also brought along some legal debates. The absence of a provision directly related to UMVs in international maritime law legislation has led to the emergence of grey areas regarding the legal status of these vehicles. Since the increasingly sophisticated UMVs in terms of size, tonnage and level of autonomy diversify in a wide spectrum, not all UMVs will be subject to the same legal status naturally. On the other hand, the problem of legal status becomes more complex as the states take steps towards establishing their national legislation. Based on the provisions of the 1982 United Nations Convention on the Law of the Sea (UNCLOS), it is important to discuss UMVs to understand the potential legal status of these instruments, which are directly related to critical issues such as freedom of navigation, belligerent rights and judicial immunity.

The Doubly Linked Tree of Singly Linked Rings: Providing Hard Real-Time Database Operations on an FPGA

We present a hardware data structure specifically designed for FPGAs that enables the execution of the hard real-time database CRUD operations using a hybrid data structure that combines trees and rings. While the number of rows and columns has to be limited for hard real-time execution, the actual content can be of any size. Our structure restricts full navigational freedom to every but the leaf layer, thus keeping the memory overhead for the data stored in the leaves low. Although its nodes differ in function, all have exactly the same size and structure, reducing the number of cascaded decisions required in the database operations. This enables fast and efficient hardware implementation on FPGAs. In addition to the usual comparison with known data structures, we also analyze the tradeoff between the memory consumption of our approach and a simplified version that is doubly linked in all layers.

Islamic Law of the Sea: Freedom of Navigation and Passage Rights in Islamic Thought, written by Hassan S. Khalilieh

Islamic Law of the Sea: Freedom of Navigation and Passage Rights in Islamic Thought, written by Hassan S. Khalilieh

POLITICAL AND LEGAL FACTORS OF THE FUNCTIONING OF THE HUMANITARIAN CORRIDOR IN THE BLACK SEA

The article analyzes the prerequisites and factors of the functioning of the humanitarian maritime corridor in the Black Sea. New Ukrainian realities caused by Russia’s large-scale armed aggression against Ukraine. The blockade of seaports and ships caused the export of Ukrainian agricultural products and other goods from all ports of Ukraine to stop. The impossibility of exporting grain from Ukraine first of all had a painful impact on world food security. Therefore, the world community and the Ukrainian authorities faced the problem of unblocking sea routes and returning Ukrainian grain crops to foreign markets. Solving this problem required the development of economic, legal, political, and logistical components, taking into account the interests of the participating countries and other countries of the world. It became possible to settle the issue only within the framework of the «Initiative on the Safe Transportation of Grain and Foodstuffs from Ukrainian Ports», which, under the norms of International Maritime Law, established mechanisms for safe maritime commercial transportation, and allowed the creation of a humanitarian («grain») corridor in the Black Sea. The achievement of the «grain corridor» was the stabilization of the food market and the maintenance of food security. At the same time, Russia also received tactical, strategic, economic, and political benefits. Despite this, the Russian Federation continues to obstruct freedom of navigation in the Black Sea and the Danube for political and military purposes to dominate the Black Sea region. In this regard, solving the problem of the effective functioning of the humanitarian corridor in the Black Sea is complex and requires a multilateral approach, which involves a reliable legal and regulatory framework, transparency, and international cooperation to develop political and economic mechanisms to counter Russian aggression and ensure free sea navigation for commercial ships.

What Is Innocent? Freedom of Navigation Versus Coastal States’ Rights in the Law of the Sea

Freedom of navigation and the rights of coastal states in zones extending from their shores are two of the foundational pillars of the law of the sea regime. However, these two foundational pillars are in tension when it comes to innocent passage, especially the innocent passage of warships. Traditional maritime powers such as the United States and the United Kingdom assert the right to virtually unrestricted passage by warships around the globe. Rising powers such as China and India, on the other hand, protest these activities as threatening their security and global peace and as a violation of their rights in their maritime zones. Conflict over these issues is not new, and history shows how such disagreement can lead to the brink of war. For example, the collision between Soviet and U.S. warships in the Soviet territorial sea in 1988 increased the already heightened tensions of the Cold War. This article explores the positions of Russia, China, and India regarding the passage of warships through the territorial sea. Looking at the history of these countries, we argue that the legacies of colonialism and imperialism have produced national collective senses of insecurity and trauma vis-à-vis their maritime frontiers. Thus, it should not be assumed that, like past great powers, India and China will eventually support the unrestricted innocent passage of warships.

THE ROLE OF THE NAVY IN SERVING THE SECURITY, PROSPERITY AND ORDER AT SEA: AN OVERVIEW OF THE INDO-PACIFIC CONSTRUCT

In the context of geostrategic discourse, the rise of the Indo-Pacific construct has often been discussed in terms of power politics. This paper argues that the IP does not necessarily mean excellent power competition but can also promote a progressive value in the global maritime domain, such as creating a rule-based order at sea, freedom of navigation, and maritime connectivity. In order to comprehend the argument, this paper studies the extent to which the Navy can work towards achieving these values, as the sea is the core business of navies around the world, both during peace and wartime. Specifically, this paper seeks to analyse the role and function of navies in serving the common interests of the IP and its commitment towards a purpose, security, prosperity, and order at sea, namely first, ensuring the safety and security of the sea lines of communication, second, building on regional and global maritime networks, and third, assisting humanitarian and disaster relief and search and rescue. This paper finds that the Navy plays a significant role, and all these aspects are inclusive and shared with states; as such, navies are to serve the interests of the commitment of the IP.

Tinjauan Hukum Terhadap Masuknya Kapal Nelayan Asing di ZEE Indonesia Berdasarkan UU No. 5 Tahun 1983 Tentang ZEE

Introduction: The EEZ has the greatest natural wealth potential for Indonesia, so the Indonesian government issues various types of legal products to secure and protect and enforce the law in Indonesian waters, especially in the EEZ area.Purposes of the Research: To analyse the regulation of the entry of foreign fishing vessels in the Indonesian EEZ which is contrary to Law Number 5 of 1983 concerning the EEZ, and to analyze the Security and Supervision of Foreign Fishing Vessels in the Indonesian EEZ based on Law Number 5 of 1983. Methods of the Research: The research method used is normative juridical. by using (state approach) and (statute approach). And sources of primary, secondary and tertiary legal materials as well as literature studies, then analyzed qualitatively.Results of the Research: The results show that the entry of foreign-flagged fishing vessels in the Indonesian EEZ is not prohibited because it is not an Indonesian sovereign territory so that foreign vessels have the right to freedom of navigation in the EEZ, but when in their voyage they carry out prohibited activities such as exploration and exploitation of natural resources. biological and non-biological resources found on the seabed and the soil below it as well as the water column and water space above it (without a permit) is an act of violating the law in Indonesia's EEZ (Article 13 of Law Number 5 of 1983). Securing and supervising foreign fishing vessels in the Indonesian EEZ must be carried out in a synergistic and coordinated manner between the TNI-AL, BAKAMLA and POLRI as well as other authorities in accordance with their respective roles and duties.

The Arctic in Japan's Basic Plan on Ocean Policy: Toward a Comprehensive Free and Open Maritime Vision

Abstract: After decades of international cooperative strategies based on soft power through Official Development Assistance (ODA), the environmental, socioeconomic, and political change in the circumpolar North has led Japan to develop and link its Arctic policy with its Oceanic policy. To respond to the rising influence of China in the geopolitical and geoeconomic scene, Japan's maritime policy is based on international peace and stability, freedom of navigation, and the support of the international legal framework. Beyond its regional sphere of interest and influence, the inclusion of the Arctic region in Japan's Oceanic policy is also strongly connected to the influence of think tanks, lobbies, and institutions in Japan's policies, that for decades have encouraged Tokyo to take proactive measures. This policy also illustrates the ambition to present a comprehensive panoramic strategy embracing not only seas and oceans directly surrounding Japan, but worldwide.

The Black Sea in the Shadow of War

As it has unfolded, the Russia–Ukraine war has provided a reminder of the strategic importance of the Black Sea and the global significance of maritime communications. It has also highlighted the particular challenges of maintaining a naval balance in the Black Sea, including the provisions of the Montreux Convention and how Turkiye is applying them. This is posing an increasing dilemma for NATO as it ponders whether and how to assert principles of naval presence and freedom of navigation in the Black Sea, with implications far beyond the immediate region. In balancing deterrence and risk, an incremental but also more determined stance on returning to the Black Sea may be needed.

Virtual nature makes knowledge beautiful

This is a perspective that presents a viewpoint on immersive informal learning applications built as digital twins of the natural world. Such applications provide multimodal, interactive, immersive, embodied, and sensory experiences unique and different from typical game art environments because they are geospatial visualizations of data and information derived from ecological field plot studies, geographical information systems, drone images, and botanically correct 3D plant models visualized in real-time interactive game engines. Since they are constructed from geometric objects, they can programmatically self-express semantic data and connect to knowledge stores on the Internet to create a web of knowledge for both exploration of a virtual environment as a natural landscape and for exploration of connected knowledge stores for informal learning at the moment of curiosity. This design is exceptionally powerful for informal learning as it supports the innate human desire to understand the world. This paper summarizes the construction methods used for creating three digital twins of natural environments and the informal learning applications created and distributed, namely, augmented reality (AR), virtual reality (VR), and virtual field trips. Informal learning outcomes and emotional reactions are evaluated using mixed-methods research studies to understand the impact of design factors. Visual fidelity and navigational freedom are combined to increase learning outcomes and many effective and emotional outcomes as well. Access to facts and story increase learning outcomes, and applications evaluated as beautiful are correlated with emotional reactions of awe and wonder, and awe and wonder are correlated with higher learning gains. Beauty is correlated with other system-wide subjective evaluations largely accepted as important to create a context conducive to support learning outcomes, such as calmness, excitement, and curiosity, a desire to share, and a desire to create. This paper summarizes the highlights of the author’s prior work to give the reader a perspective on the body of work.

INTERNATIONAL SECURITY BASED ON THE UNITED STATES RESPONSE POST TO THE SOUTH CHINA SEA CLAIM BY THE PEOPLE’S REPUBLIC OF CHINA

Conflicts and tensions in the South China Sea are getting bigger after the People’s Republic of China claimed control over the Spratly and Paracel Islands and the waters that intersect with most of the countries in Southeast Asia. China’s efforts to place military forces on the two islands and the intensification of their ship patrols in the waters of the South China Sea indicate that China wants to strengthen its claims and hegemony, although of course these claims immediately receive a response from countries whose borders intersect in the South China Sea, mainly ASEAN member countries. This research used a descriptive qualitative research method. The source of the data for this research consists of secondary data which is gained from reports or media coverage that examine security issues in the South China Sea. Various data that have been obtained are then checked for validity through data validation techniques, where this technique carried out through triangulation of data or sources. As a superpower, the United States does not remain silent but participates in balancing security for countries that feel they are being claimed. Because what China has done is considered to have the potential to limit the rights and freedoms of the international community in using the waters in the South China Sea as their trade access, the United States and its allies who are members of AUKUS (Australia, United Kingdom, and the United States) are indeed pushing for the principle of freedom of navigation. On this basis, the United States took steps to address the problems and tensions in the South China Sea. The legal umbrella used by the United States is the same as that used by ASEAN countries, namely based on the 1982 United Nations Convention on the International Law of the Sea (UNCLOS 1982).