This website uses cookies to ensure you have the best experience. Learn more

Explain And Critically Evaluate The Concept Of “Freedom Of Navigation”

2711 words - 11 pages

Topic: Explain and critically evaluate the concept of “freedom of navigation”

Prepared by: Nadir Gürpınar

Table of Content:

1. INTRODUCTION...........................................................................................................4

2. HISTORICAL ORIGIN OF THE FREEDOM OF NAVIGATION................................4

3. THE CONCEPT OF FREEDOM OF NAVIGATION.....................................................4

4. THE COASTAL STATE JURISDICTION....................................................................5

4.1. Internal ...view middle of the document...

................................8

7.2. Critical Approach on Incidents.............................................................................8

8. CONCLUSION..................................................................................................................9

9. BIBLIOGRAPHY.............................................................................................................10

1. INTRODUCTION:

This work will examine the concept of freedom of navigation in the territorial sea and in the high seas. The ideas supported with the United Nations Convention on the Law of the Sea (UNCLOS) articles which explain the concepts effectively. The importance of coastal jurisdiction will be explained, there are three different stages which are internal waters, territorial sea and contiguous zone. Also the concepts of innocent passage, straits and the transit passage have a major importance and explain navigation in territorial seas. The critical approach will effectively prove the importance of maritime events in policy making with specific examples such as Erica.

2. HISTORICAL ORIGIN OF THE FREEDOM OF NAVIGATION

Freedom of navigation, as a concept first appeared when the maritime powers laid claim to the sovereignty of the seas. It may be seen in the numerous treaties which approve the idea of innocent navigation on the territorial waters. The treaty of London of 18-24 August 1604 between Spain and England formed one example of them (Dupuy, R.J. & Vignes, D. 1991).

Arguably, this idea composed the form of negative rule; the reason of this explained that the sovereign power of a state does not extend beyond a limited area of the sea. The most famous example of this situation was expressed by the 1927 judgement concerning the case of the steamship Lotus (France v Turkey). The court held that “the principle of the freedom of the seas.... was nothing other than that of the absence of any territorial sovereignty upon the high seas” (Dupuy, R.J. & Vignes, D. 1991).

In the 20th century the rule of free ship makes free goods which rejects the argument that enemy ships makes enemy goods (in Paris declaration respecting Maritime Law, 1856) become a part of the law of the sea. It is also part in the United Nation Convention on the Law of the sea (1982). (Wendel, P., 2007).

3. THE CONCEPT OF FREEDOM OF NAVIGATION

There is no freedom above the law. Thinking about the definition of freedom, it expresses the choices, decisions and ideas of individuals which they are able to make within the context of an established legal order. Freedom of navigation is, according to UNCLOS 1982, Art 87 (1)(b): “... freedom of the high seas is exercised under the conditions laid down by this convention and by other rules of international law. It comprises, inter alia, both for coastal and land-lock states: (a) freedom of navigation” (U.N., 2009).

Although freedom of navigation explained with positive wording, it is...

Other Papers Like Explain and Critically Evaluate the Concept of “Freedom of Navigation”

Identify and Critically Evaluate Four Variables That Account for the Emergence of International Business

2389 words - 10 pages Identify and critically evaluate four variables that account for the emergence of international business. International Business, which is the other way to seek an opportunity of brand new markets and a better driver of changing the recent environment (Ramirez-Aleson & Espitia-Escuer, 2001). It is thought as a business or industry that attracts and provides in international economic activities (Peng, 2011). From the views of domestic and

Critically Evaluate the Law in the Areas of Murder and Voluntary Manslaughter and Include the Consideration of Possible Reforms

3369 words - 14 pages Critically Evaluate the Law in the areas of Murder and Voluntary Manslaughter and include the consideration of possible reforms. Homicide, in English criminal law is a generic term covering offences such as murder, manslaughter and death by dangerous driving. What they all have in common is the unlawful killing of a human being, and what distinguishes them is the state of mind of the defendant who has caused the death or the defences

Explain the Concept of Equality, Diversity and Rights in Relation to Health and Social Care

1790 words - 8 pages P1 – Explain the concepts of equality, diversity and rights in relation to health and social care It is said that every person is unique. We are born and raised in a particular culture, society and religion, have specific friends and family, go through particular life and work experiences, have our own thoughts and beliefs, live a specific lifestyle, enjoy particular food and this is what makes us individuals. We are diverse in many things

Tale Of The Haunted GPS Navigation System

1712 words - 7 pages Tale of the Haunted GPS Navigation System The storyteller, who happens to be my cousin, currently works as a math teacher. He is 24 years old and lives at home with his mother and father. His mother, a talented artist, works for the United States Postal Service and his father, who is an electrician, installs security systems for homes and offices. Both of his parents are Korean and although his older brother was born in Korea, he was born

Explain Child Protection Within the Wider Concept of Safeguarding Children and Young People

571 words - 3 pages Child protection Policy is used in cases of abuse namely physical, emotional or sexual abuse. Since children are very fragile and their emotions can easily be hurt, it could affect them for a lifetime. The carer and teacher must ensure and prevent any of these abuses. Unfortunately these abuses can be perpetrated by someone who is close to the children and statistics show that abuse is perpetrated by persons familiar to the child and not by

Compare and Contrast the Ideas and Positions of Booker T. Washington, Ida B. Wells-Barnett and W.E.B. Dubois. Critically Evaluate the Strength and Weaknesses of Each

1216 words - 5 pages 22/25 “Compare and contrast the ideas and positions of Booker T. Washington, Ida B. Wells-Barnett and W.E.B. DuBois. Critically evaluate the strength and weaknesses of each.” Black History 140B Professor Katungi 3-12-03 Booker Taliaferro Washington was born a slave on a plantation in Franklin Country, Virginia in 1856. One of our nations most powerful black educators; he illustrated his belief in the dignity of work. He was very

Critically Evaluate Some Aspects of Peron Centered Ciunselling

2627 words - 11 pages Emma Phillips Level four diploma in therapeutic counselling Essay : Critically evaluate some aspects of person centred therapy. This essay will critically evaluate some aspects of person centred counselling. I will provide a brief history of Carl Rodgers, who is considered by many to be a pioneer of the client centred approach, and his career. Attention will then be drawn to the model of person centred counselling which includes the

Concept of Freedom in Political Theory

1684 words - 7 pages political society. Participation in the setting of rules for society and then obedience to them would bring a more complete freedom. Prudential theorists, however, like David Hume and Jeremy Bentham, rejected the concept of a ‘social contract’, arguing that there was no moral or other duty to obey and neither was there a ‘natural’ right to property (Brown, 2005). Rather, it was in people’s interests to live in a society which could make and

Critically Evaluate Whether the Main Features of Kant’s Deontological Approach Are Too Restrictive and Fail to Be Applicable to Modern Ethical Issues, Such as Euthanasia

1268 words - 6 pages Critically evaluate whether the main features of Kant’s deontological approach are too restrictive and fail to be applicable to modern ethical issues, such as Euthanasia. The main features of Kant’s deontological approach are in many ways restrictive and it can be argued that they fail to be applicable to modern ethical issues. However to say that they are exempt from providing any form of solution to modern ethical issues is a failing in

Critically Evaluate the Potential Justification for Protectionism

1843 words - 8 pages Critically evaluate the potential justification for protectionism Introduction A number of governments are concerned with unemployment and recessionary impact following the financial crisis. The result of this has been for many to be being placed under political pressure to implement protectionist instruments such as tariffs. quotas and subsidies (Love et al, 2014). This essay will identify the five principal instruments used by governments

Critically Examine the Functions of Management Proposed by Fayol. Explain Why These Functions Are Relevant to Today’s Managers

1294 words - 6 pages Critically examine the functions (elements or processes) of management proposed by Fayol. Explain why these functions are relevant (or otherwise) to today’s managers. The twentieth century has bought upon us a number of management theories which have helped to shape the overall view of management in the present environment of business. Many of those theories have stood the test of time and are still often referred to in the management world of

Related Essays

Many Experts Argue That People Do Their Best Work When They Are Motivated By A Sense Of Purpose Rather Than The Pursuit Of Money. Do You Agree? Critically Evaluate And Explain Your Position

1928 words - 8 pages 1. Many experts argue that people do their best work when they are motivated by a sense of purpose rather than the pursuit of money. Do you agree? Critically evaluate and explain your position. The study of what motivates people has fascinated researchers and academics over the years. Many renowned researchers have come up with their own model explaining the mechanisms of motivation. Though all these theories are unique in their own right, the

Reconstruct Aristotle’s Function Argument. Explain What Role The Concept Of Virtue Plays In Making The Conclusion More Determinate Or Precise. Evaluate And Critique This Argument. Does It Seem...

1960 words - 8 pages Second Analytical Paper May 2, 2011 Reconstruct Aristotle’s function argument. Explain what role the concept of virtue plays in making the conclusion more determinate or precise. Evaluate and critique this argument. Does it seem convincing, or is there a step in the argument that seems problematic? Reconstruct Aristotle’s function argument. Explain what role the concept of virtue plays in making the conclusion more determinate or

Critically Evaluate The Comparative Transnational Effectiveness Of Benetton And Zara

2118 words - 9 pages Critically evaluate the comparative transnational effectiveness of Benetton and Zara Zara and Benetton are two of the most acknowledged clothing companies in the fast fashion industry. The different international business strategies they adopt result in different transnational effectiveness. To begin with, this essay will give a brief overview of the motivation, means and mentality of these two companies, and then compare how they sustain

Critically Evaluate The Theory Of Mind Hypothesis Of Autism

1957 words - 8 pages Critically evaluate the theory of mind hypothesis of autism Childhood Autism is a rare and severe developmental disorder that affects about 4 in every 10,000 children (Baron-Cohen, Leslie & Frith, 1985). Autism affects how an individual communicates, socialises and even how they make sense of the world around them. Many theories have tried to explain what causes autism in an attempt to achieve greater understanding of the disorder and