Creeping uniqueness in international straits: A conflict analysis of the implementation of the navigation provisions of the 1982 Convention on the Law of the Sea.

摘要

One of the most important provisions of the 1982 Convention on the Law of the Sea concerned the rights and obligations in straits used for international navigation. Although there was general agreement on the rules for a global straits regime, few states bordering straits have implemented them. Using the Fraser-Hipel Conflict Analysis model, the implementation process is analyzed to determine the stability of these current navigational regimes. The study concludes that the maritime powers will accept considerable restrictions on navigation as long as a minimum level of access through straits is guaranteed.