Class 22 Flashcards
What case is relevant for the International Straits? what is the ratio?
Corfu channel case; The decisive criteria is it’s geographical situation as connecting 2 high seas and the fact of its being used for international navigation. The fact that a strait is not a necessary route does not mean it cannot be considered an international strait.
What is the international custom regarding international straits?
States have the right to send their warships during peacetime through international straits, provided the passage is innocent.
How does UNCLOS restrict the applicability of Corfu channel case?
Article 36 of UNCLOS states that this part of the treaty does not apply if there is a route through the high seas in the strait, or passage through economic exclusive zone of similar convenience with respect to navigational and hydro-geographical characteristics.
