Navigational Regimes of Particular Straits, Torres Strait case study

The Torres Strait has been defined as the area of water between Cape York Peninsula in Australia’s extreme north coastline and the islands of New Guinea. It is bounded in the west by the Arafura Sea and in the east by the Great Barrier Reef and the Coral Sea. The strait is about 81 miles (150 km) wide and almost 108 miles (200 km) long between the islands at its eastern and western ends. The strait is, however, shallow and contains reefs and many small islands.

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Rights and Obligations of Coastal States Bordering Straits based on international law of the sea and customary international law

The coastal State has a right to adopt laws and regulations relating to transit passage through straits. Under Article 42(1), those laws and regulations involve:
(a) the safety of navigation and the regulation of maritime traffic, as provided in Article 41,
(b) the prevention, reduction and control of pollution, by giving effect to applicable international regulations regarding the discharge of oil, oily wastes and other noxious substances in the strait,
(c) with respect to fishing vessels, the prevention of fishing, including the stowage of fishing gear, and
(d) the loading or unloading of any commodity, currency or person in contravention of the customs, fiscal, immigration or sanitary laws and regulations of States bordering straits. States bordering straits are required to give due publicity to all such laws and regulations in accordance with Article 41(3).
Rights and Obligations of Coastal States Bordering Straits based on international law of the sea and customary international law, Article 43 of the LOSC, coastal State, Coastal States Bordering Straits, environmental protection, Great Belt case between Finland and Denmark, Legality of Creation of Bridges in International Straits, LOSC, MODUs, non-suspendable innocent passage, Torres Strait

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