ABSTRACT

This chapter focuses on the evolution of the straits regime in the law of the sea (LOS) and examines the case law and treaties that provide for a straits regime. It deals with the provisions of the LOS Convention 1982 covering the environmental protection of straits. The 1982 LOS Convention sets some duties for ships passing through straits and grants some regulatory and enforcement powers to the strait states. The enforcement powers of strait states are regulated in Article 233 of the 1982 LOS Convention which provides for an exceptional right to take appropriate measures to prevent pollution. The chapter examines Maritime traffic regulation, with particular reference to traffic separation schemes, can have a crucial effect on reducing the number of accidents in straits. The adoption of any measures consistent with the Convention deemed necessary by the strait state and International Maritime Organisation for safety of navigation and the regulation of maritime traffic.