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Navigational Restrictions within the New LOS Context
International Straits of the World

Series Editor

Nilufer Oral

VOLUME 16

The titles published in this series are listed at brill.com/insw

 Navigational Restrictions
within the New LOS Context
Geographical Implications for the United States

By

Lewis M. Alexander

Edited by

J. Ashley Roach

LEIDEN | BOSTON
Library of Congress Cataloging-in-Publication Data

Names: Alexander, Lewis M., 1921– author. | Roach, J. Ashley, editor.

Title: Navigational restrictions within the new LOS context : geographical
implications for the United States / By Lewis M. Alexander ; Reformatted
and edited by J. Ashley Roach.
Description: Leiden : Brill Nijhoff, 2017. | Series: International straits of
the world ; 16 | Includes bibliographical references and index.
Identifiers: LCCN 2016045359 (print) | LCCN 2016045607 (ebook) | ISBN
9789004327108 (hardback : alk. paper) | ISBN 9789004327115 (E-book)
Subjects: LCSH: Law of the sea—United States. | Navigation. | Maritime
boundaries. | Freedom of the seas. | Oceanography—Charts, diagrams, etc.
| Territorial waters. | Straits.
Classification: LCC KZA1146.U6 A54 2017 (print) | LCC KZA1146.U6 (ebook) |
DDC 341.4/50973—dc 3
LC record available at https://lccn.loc.gov/2016045359

Typeface for the Latin, Greek, and Cyrillic scripts: “Brill”. See and download: brill.com/brill-typeface.

isbn 978-90-04-32710-8 (hardback)

isbn 978-90-04-32711-5 (e-book)

Copyright 2017 by Koninklijke Brill nv, Leiden, The Netherlands.

No copyright is claimed for the original Report prepared for the U.S. Department of Defense under Contract
MDA-903-84-C-0276, Defense Supply Service-Washington, December 1986. The Report is reproduced with the
knowledge of the sponsor.
Koninklijke Brill NV incorporates the imprints Brill, Brill Hes & De Graaf, Brill Nijhoff, Brill Rodopi and Hotei Publishing.
All rights reserved. No part of this publication may be reproduced, translated, stored in a retrieval system, or transmitted
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This book is printed on acid-free paper and produced in a sustainable manner.

Contents

Series Editor’s Foreword vii

Editor’s Note and Preface viii
List of Defined Terms xi
Navigational Restrictions within the New Los Context: Geographical
Implications for the United States xIi
Abstract xiii
Acknowledgements xiv
List of Maps xV
List of Tables xVi

Introduction 1

I The Ocean Enclosure Movement 3

II Narrow International Ocean Waterways 45

III Ocean Navigation Routes of Particular Importance to the United States 119

IV Transit Regions of the World 143

V A Regime of Navigational Inconsistencies for the Coming Decade and Its

Potential Impacts on U.S. Interests 174

Bibliography 193
Index 208
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Series Editor Foreword

It is a great honor to be the new Series Editor the pioneers in the study of straits, and the
of the venerable International Straits of the law of the sea, is Alexander M. Lewis. While
World Series published by Brill. Professor a political geographer by training he was
Gerard J. Mangone served as the General one of the foremost scholars for the law of the
Editor of the Series publishing fifteen vol- sea. His insights on the regime of straits from
umes until his death in 2011. The importance more than three decades ago have withstood
of straits in international law was clearly the test of time and should be introduced to
underscored by the success of the series a new generation of law of the sea scholars.
under Professor Mangone’s careful editor- We thank Brill for its decision to repro-
ship. The status of straits used in interna- duce the report prepared by Alexander M.
tional navigation has been and continues to Lewis “Navigational Restrictions in the New
be a key issue in the law of the sea. It is no LOS Context: Geographical Implications for
coincidence that Corfu Channel case was the the United States” as the first volume of the
first case decided by the International Court re-launched International Straits of the World
of Justice in 1949. Straits used in international Series. I am extremely grateful to Ashley
navigation provide critical communication Roach who brought this project to our atten-
links in the great global commercial highway tion and equally grateful to Marie Sheldon
with more than 80 percent of international of Brill for her full support and invaluable
commerce transported by sea, including guidance. A special note of appreciation
vital energy supplies. goes also to Professor Charles Norchi for his
The regime of straits in international law sound advice and support in the preparation
was one of the core issues debated and nego- of this volume.
tiated during the historic Third Law of the Sea
Conference as ultimately codified in Part III
of the 1982 United Nations Convention on Nilufer Oral
the Law of the Sea. Unquestionably, one of Series Editor
Editor’s Note and Preface

In 1986, tr Lewis M Alexander (1921–2013), of international straits, archipelagic sea

a world-renowned marine geographer at lanes and three international canals (Suez,
the Department of Geography and Marine Panama, and Kiel). In the preparation of the
Affairs, University of Rhode Island, and co- Report, a list of 265 straits and their charac-
founder of the Law of the Sea Institute and teristics were presented in multiple tables,
often-member of its Executive Board dur- including location, physical characteristics,
ing its first 25 years 1965–1991, prepared for such as least depth, width and length, as well
the U.S. Department of Defense a report, as their territorial elements. This section
“Navigational Restrictions within the New examines in detail the legal regime of the
LOS Context: Geographical Implications most important straits used for international
for the United States,” on the implica- navigation, as well as their uses in shipping.
tions for the United States of the United The third section, “Ocean Navigation
Nations Convention on the Law of the Routes of Particular Importance to the United
Sea (LOS Convention), which had been States,” describes these sea lines of communi-
adopted four years earlier. The following cation (SLOCs). The world trade routes are
year President Reagan stated that the United examined in detail. In particular, the straits
States would follow its traditional uses provi- of particular importance to trading pat-
sions as they fairly balanced the interests of terns of the United States and its Allies are
all States. Dr Alexander had closely followed assessed.
the negotiations at the Third United Nations The fourth section, “Transit Regions of the
Conference on the Law of the Sea and was in World,” describes in considerable detail eight
a position to examine critically the navigation transit regions, bringing together the mate-
provisions of the Convention as adopted. rial in the first three sections: the Caribbean
His Report is in five sections and includes and Gulf of Mexico, the North and Baltic
20 maps and 43 tables. The maps illustrate Seas, the Mediterranean and Black Seas,
the international straits of the world and the the western Indian Ocean, Southeast Asia,
major ocean navigation routes. The tables Northeast Asia, the southwest Pacific, and
include the most comprehensive descrip- the Arctic. The discussions of these transit
tions of most of the world’s straits used for regions are each arranged according to the
international navigation, as well as identify- following headings: (1) the general configu-
ing various categories of maritime claims in ration of land and sea areas, including island
terms of the provisions of the Convention. groups; (2) international straits; (3) coastal
The first section of the Report, “The Ocean States and offshore juridical claims; (4) major
Enclosure Movement,” describes the prob- ocean navigation routes; and (5) potential
lem of “creeping jurisdiction” and assesses navigation issues in the coming decade.
the navigational and environmental protec- The concluding section, “A Regime of
tion provisions of the Convention that, from Navigational Inconsistencies for the Coming
the perspective of the United States, were Decade and its Potential Impacts on U.S.
designed to restrain the efforts to constrain Interests,” describes the potential naviga-
the navigational rights of the users of the tional inconsistences (a euphemism for
oceans. This section also examines the vari- excessive maritime claims, i.e., those claims
ous “illegal” jurisdictional claims. inconsistent with the relevant provisions of
The second section, “Narrow International the Convention) for the decade of the 1990’s
Ocean Waterways,” examines the legal regimes and its potential impacts on U.S. interests.
Editor ’ s Note and Preface ix

In doing so, Dr Alexander made a number with the territorial sea of a foreign State, is,
of predictions how these provisions of the by definition, useful for international naviga-
Convention would be implemented in the tion, and therefore should be considered as an
following decade. international strait.” [153, 154]
Thirty years later, many of his predictions • “there is little to indicate that a “roll-back” of
are still true. For example: State practice to conditions of “global consis-
tency” is likely to occur within the next few
• “There are cases where Convention articles years.” [326]
have been interpreted in ways that are incon- • “In coming years probably the most prevalent
sistent with their intent, given their negoti- concerns coastal States will have with respect
ating histories. Still other cases exist where to their offshore waters involve issues of envi-
States have asserted rights in their offshore ronmental protection.” [327]
waters that were never condoned by the • “In coming years, there are other concerns
Convention. These trends have not abated, States may have that might involve the imposi-
and may in time increase.” [v] tion of measures more severe than those sanc-
• “One conclusion of the Report is that the tioned by the LOS Convention. One concern
United States must be prepared to face increas- is with law enforcement, including protection
ing uncertainties in the regime of navigation against smugglers, illegal immigrants, and ter-
and overflight during and beyond the coming rorists. If there is evidence of instability, [330]
decade, and must be flexible in its response to a coastal State might feel compelled to resort
foreign challenges to the freedoms embodied to unilateral acts of interception, boarding,
in that regime. In a world of potential instabil- and arrest on the high seas or in the EEZ in
ities, the historic ocean enclosure movement, order to protect itself.”
which the LOS Convention was designed to • “It would not seem particularly likely that
hold in check, may continue to operate, albeit coastal States during the coming decade
in more diverse and complex ways. [v] will assert territorial sea claims greater than
• “in approaching or exiting an international 12 miles.” [332]
strait through a foreign State’s territorial • “There have been several moves toward reduc-
waters, does a vessel continue to operate ing excessive claims, and the 12-mile figure
under the transit passage regime or is it under seems to have taken on some authority, as has
the regime of the territorial sea? . . . The the 200-mile maximum for the EEZ.” [333]
Convention is unclear on this point.” [116] • “an excessive straight baseline regime may
• “there is every reason to believe, particularly be adopted, incorporating certain offshore
in times of what is perceived to be stress, that islands, rocks, and reefs.” [334]
straits States may assume various forms of
“inconsistent” or “illegal” rights over the pas- On the other hand, some predictions have
sage of foreign warships through international not turned out, for example:
straits over which they have jurisdiction.” [124]
• “Three Law of the Sea Conferences later, “used • “One continuing navigational issue is the
for international navigation” is still a con- Panama Canal and the ability of future
cept without qualifiers. How much naviga- Panamanian governments to maintain its
tion? . . . The phrase itself is useful as a modifier, open and continuous operation.” [265]
since it reminds States that these waterways • “Commercially, the Arctic Ocean is developing
are susceptible of use for international naviga- slowly. The Soviets, although at times profess-
tion, but the realistic effect should be that any ing to offer summertime services to flag ves-
strait connecting two parts of the high seas/ sels of other States on the Northeast Passage
EEZ with one another, or the high seas/EEZ between the Atlantic and Pacific Oceans, have
x Editor ’ s Note and Preface

in fact done little about implementing the Editor and Marie Sheldon of Brill is gratefully
offer.” [318] acknowledged.
• “While there may likely be some movement The original publication, which was type-
in the direction of more numerous inconsis- script and printed in a limited number of
tent claims by coastal States over the coming loose-leaf copies, is available in a useful for-
decade, this writer feels that a pronounced mat in only a few places around the world. In
shift away from the free seas doctrine of addition, viewed from the perspective of the
navigation and overflight freedoms is highly 21st Century, a Report published using 1986
unlikely – at least within the time frame of technology is not inherently easy to use.
this Report.” [326] Accordingly, with the able assistance of
• “Some States, with particularly broad conti- the staff of the Centre for International Law
nental shelves, may seek to enforce fisheries of the National University of Singapore, espe-
conservation and management regulations cially Kristine Kraabel, the editor has con-
both within and beyond the 200-mile limits of verted the original manuscript into modern
their EEZ.” [334] form while retaining the original structure
and references, and indicating the original
As noted above, what made the Report page numbers in brackets. Other insertions
extraordinarily valuable in 1986, and which by the editor are also enclosed in brackets. In
makes it equally valuable today, is his com- the process, endnotes have been converted
pilation of geographic data describing all to footnotes, and minor typographical errors
the world’s straits used for international and omissions in the original manuscript
navigation and his illustrations of the choke- have been corrected. The text has been edited
points and major international shipping for editorial consistency. A table of defined
trade routes, in addition to his clear descrip- terms and an index have been added.
tions of the navigational provisions of the Otherwise, this volume faithfully repro-
Convention (in Section I). Even today, this duces Dr Alexander’s seminal work. It is a fit-
data is not available anywhere else. ting tribute to him thirty years later.
With the reinvigorating of the interna-
tional straits studies shepherded for so J. Ashley Roach
many years by Dr Gerard J. Mangone of the Captain, JAGC, USN (retired)
University of Delaware, it seemed only fitting Arlington, Virginia
that Dr Alexander’s Report be made widely and
available to current and future generations Centre for International Law,
interested in the navigation of the world’s National University of Singapore
oceans. The encouragement of the Series May 2016
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List of Defined Terms

CDEM Construction, design, equipment and manning

COW crude oil washing
CRISTAL Contract Regarding an Interim Settlement of Tanker Liability for
Oil Pollution
dwt dead weight tons
EEC European Economic Community
EEZ Exclusive Economic Zone
FRG Federal Republic of Germany
GDR German Democratic Republic
GNP gross domestic product
ICJ International Court of Justice
IMO International Maritime Organization
LOS Convention United Nations Convention on the Law of the Sea
LOT Load on Top
MARPOL International Convention for the Prevention of Pollution from
Ships, 1973/1978
OFTR Oceanborne Foreign Trade Route
ppm parts per million
SOLAS International Convention for the Safety of Life at Sea, 1974
SLOCs sea lines of communication
TOVALOP Tanker Owner’s Voluntary Agreement on Liability of Oil Pollution
UKC Under-keel clearance
UNCLOS III Third United Nations Conference on the Law of the Sea
ULCC ultra large crude carrier
VLCC very large crude carrier
Navigational Restrictions within the New Los Context:
Geographical Implications for the United States

Offshore Consultants, Inc. Peace Dale, Rhode Island

Lewis M. Alexander
Principal Investigator
Final Report under Contract MDA-903–84-C-0276
Defense Supply Service-Washington
December 1986

The views, opinions, and findings contained in this Report are those of the author
and should not be construed as an official Department of Defense position, policy,
or decision, unless so designated by other official documentation.

Reprinted with the knowledge of the U.S. Department of Defense.

No copyright is claimed for the Report.
[v] Abstract

The 1982 Law of the Sea (LOS) Convention, Convention. These trends have not abated,
emerging after nine years of negotiation, and may in time increase.
spells out a regime for navigation and over- This Report considers these various
flight that is clearly responsive to the needs “inconsistencies” with the letter and spirit
and interests of the United States and other of the Convention articles, in terms both
major maritime countries. The high seas of possible causes for such action on the
freedoms embodied in the rules and regula- part of coastal States, and of the potential
tions for the Exclusive Economic Zone, the impacts these actions may have on the inter-
transit passage arrangements for interna- ests of the United States and its major allies.
tional straits, together with the provisions Consideration is given to ocean navigation
for archipelagic sea lane passage, and the routes and the narrow international ocean
limitations placed on the extent and nature waterways through which these routes pass.
of the territorial sea and archipelagic waters, Global and regional “choke points” are iden-
contribute to a system of freedoms that are tified, and the routes and narrow waterways
supportive of U.S. commercial and military are grouped within eight “transit regions” of
interests. the world, where the potential for interfer-
Questions arise, however, from the stand- ence with free passage appears most likely.
point of State practice. Some countries had One conclusion of the Report is that the
enacted legislation that was inimical to the United States must be prepared to face
Convention articles on navigation and over- increasing uncertainties in the regime of
flight even before the signing of the LOS navigation and overflight during and beyond
Convention; others have adopted such poli- the coming decade, and must be flexible
cies since the 1982 signing ceremony. There in its response to foreign challenges to the
are cases where Convention articles have freedoms embodied in that regime. In a
been interpreted in ways that are inconsis- world of potential instabilities, the historic
tent with their intent, given their negotiat- ocean enclosure movement, which the LOS
ing histories. Still other cases exist where Convention was designed to hold in check,
States have asserted rights in their offshore may continue to operate, albeit in more
waters that were never condoned by the diverse and complex ways.
[vii] Acknowledgements

The inspiration for undertaking a study of graduate students, Nathalie Peters, Jocelyn
this type came from my years of association Boesch and Timothy Dillingman, for work-
with the late Robert Hodgson, formerly The ing with me in the preparation of the maps;
Geographer of the State Department, whose Mr. Douglas Roesser and his colleagues at
knowledge and expertise were important to the Cartographic Services Laboratory of the
the evolution of the regime of navigation University of Maryland for the map produc-
and overflight contained in the 1982 Law of tions; and Shirley Hoffrogge for patiently
the Sea Convention. preparing limitless numbers of drafts of texts
For encouragement and support I received and tables. I am also indebted to Laurence
during the actual formulation of this Pearce for the cover design and Robert Smith,
research project, I am particularly indebted Office of The Geographer, U.S. Department
to Captain William L. Schachte, Jr., JAGC, of State, for supplying me with needed infor-
USN, although he is in no way responsible for mation on offshore boundary claims. Finally,
the data presented in the Report, nor for the my thanks are due to my wife, Jacqueline, for
conclusions reached. her support during this long preparation and
Among the people who assisted me in the for her careful editing of the final draft.
preparation, I wish to thank three former
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