International management of international straits in specific situations from the perspective of the Convention on the Law of the Sea

Document Type : Original Article

Authors

1 Student of PhD in International Law, Islamic Azad University, Iran, Najafabad

2 Associate Professor of Public International Law, Islamic Azad University, ‌ Najaf Abad, Iran

3 Associate Professor, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran and Law Department, University of Isfahan, Iran.

10.30510/psi.2023.313818.2596

Abstract

International management of international straits in specific situations is one of the most important international issues today from the perspective of the Convention on the Law of the Sea. International strait management strategies in specific situations exist both in the Convention on the Law of the Sea and outside the provisions of the Convention. The Convention on the Law of the Sea relating to the international management of international straits in special situations, such as coercion and war, recognizes the principle of the survival of rights based on safe passage and transit. They remain on their own. The effect of special situations on the management of international straits is that in no particular situation, the country adjacent to the strait has the right to block the international strait, and in case of blocking the international strait, international responsibility is created for the blocking country. Finally, in certain critical situations, it is possible to temporarily suspend the passage until the special situation has been resolved and some inspections have been carried out, and the provisions of the Convention on the Law of the Sea do not allow further in certain situations. Because special situations are temporary situations that arise, the Convention on the Law of the Sea calls for the co-operation and co-operation of the countries adjacent to the Strait and the transit countries as the main strategy of international management.

Keywords