+(,121/,1( Citation: 13 Ocean Dev. & Int'l L. 269 1983-1984 Provided by: Content downloaded/printed from HeinOnline Sun Jun 18 16:09:19 2017 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: Copyright Information Review Article International Straits of the World Lewis M. Alexander Geographer, Department of State Washington, D. C. InternationalStraits of the World. Gerard J. Mangone, General Editor. Volume One: William E. Butler, Northeast Arctic Passage (Alphen aan den Rijn, The Netherlands: Sijthoff& Nordhoff, 1978) 199+xii pp. $35.00. Volume Two: Michael Leifer, Malacca, Singapore, and Indonesia (Alphen aan den Rijn, The Netherlands: Sijthoff & Nordhoff, 1978) 217 +xi pp. $35.00. Volume Three: R. K. Ramazani, The Persian Gulf and the Strait of Hormuz (Alphen aan den Rijn, The Netherlands: Sijthoff & Nordhoff, 1979) 180+xi pp. $35.00. Volume Four: Scott C. Truver, The Strait of Gibraltarand the Mediterranean(Alphen aan den Rijn, The Netherlands: Sijthoff & Nordhoff, 1980) 272+xiii pp. $40.00. Volume Five: Ruth Lapidoth-Eschelbacher, The Red Sea and the Gulf of Aden (The Hague/Boston/London: Martinus Nijhoff, 1982) 265 +xiv pp. $65.00. Volume Six: Gunnar Alexandersson, The Baltic Straits (The Hague/Boston/London: Martinus Nijhoff, 1982) 132+xi pp. $32.50. This review article, by the Geographer in the Department of State, reflects the author's evaluation and is not intended to represent the official views of the Department of State. Ocean Development and International Law Journal, Volume 13, Number 2 0090-8320/83/030269-00$02.00/0 Copyright @ 1983 Crane, Russak & Company, Inc. 269 270 Lewis M. Alexander Although the nature, legal regime, and use of international straits are topics of great concern to the ocean community, they are seldom approached on a comparative basis. There is a considerable volume of literature on a few specific waterways and on the legal aspects of transit passage within the LOS context, but not since Baxter's 1964 Law of the International Waterways has there been a detailed, comprehensive assessment of international straits. It is fortunate that there now is available a growing series of monographs on international straits of the world prepared under the general editorship of Gerard Mangone of the University of Delaware's Center for the Study of Marine Policy. All six volumes are similar in length and in general approach to the subject. All are adequately supported by maps, tables, footnotes, and indexes, and contain documentary appendices in which appear the texts of treaties, agreements, and other relevant data. The writing is clear and concise; some of the data are particularly valuable, coming from sources that are difficult to obtain. Although several topical approaches run through the texts of the series, the emphasis varies from volume to volume. The approaches are (1) physical and economic geography, (2) historical background, (3) the legal regime, particularly within the Law of the Sea context, (4) international relations in the region, (5) military activities within the framework of great power relationships, and (6) marine environmental issues. As indicated by the titles, several of the volumes focus not only on specific straits but also on associated semi-enclosed seas through which passage to and from the strait is made. NortheastArctic Passagebegins its approach to the Soviet Arctic with a detailed description of the little-known straits connecting the Barents Sea on the west with the Chuckchi Sea in the east. Over fifty straits are discussed, including descriptions of the difficulties of navigation through some of them. This is followed by a history of the exploration and exploitation of the Northeast Passage and a discussion of possible future developments there. Butler feels that with the advent of modern icebreakers, use of the Passage during the summer months to connect the Atlantic and the Pacific provides a real opportunity to countries other than the Review Article 271 Soviet Union, although in fact, little use is now being made of the Passage by such countries. The next two chapters deal with the Soviet theories of jurisdiction in the Arctic, and with the legal regime of the Arctic's waters and straits. Concerning the latter, Butler writes, "The Arctic waters off the northern Soviet coast have not lacked for theories of possible jurisdiction to assimilate all or parts of them into some type of peculiar or distinctive legal regime. But all of the doctrines advanced thus far have inherent shortcomings and in any event have not been accepted or espoused by the Soviet Government as state practice." The final chapter contains a brief discussion of the Law of the Sea as regards straits and the polar regions. Malacca, Singapore, and Indonesia presents a comprehensive legal-political analysis of the Malacca/Singapore straits within a regional framework of national interests. There is also a geographic treatment of five Indonesian straits-Sunda, Lombok, Makassar, and Ombai-Wetar-as well as of the general Indonesian archipelagic concept. One particularly useful item is the discussion of the background and provisions of the 1977 Tripartite Agreement on passage through Malacca/Singapore, involving Indonesia, Malaysia, and Japan. The text is strong on historical background, and the first chapter presents a concise account of the long-time conflict over passage through the Malacca/Singapore straits, and, to a lesser extent, the Indonesian waterways. This is followed by a geographcial description of the various straits, including difficulties of navigation, and mention of major collisions and oil spills. The following three chapters are concerned both with the legal regime of straits in general, as worked out through the Law of the Sea negotiations, and with the particular conditions affecting Malacca/Singapore. Of particular value are the cogent descriptions of the interest in freedom of navigation through these straits by the littoral states, the superpowers, and by Japan and other maritime countries. Finally, there is a discussion of the possible accommodation of interests in passage through Malacca/ Singapore that includes the warning that since the IMO (formerly IMCO) traffic separation scheme is "distinguished by the absence of any provisions for en- 272 Lewis M. Alexander forcement," pressure could well arise in the littoral states for "patterns of regulation that . . . might conflict with the interests of the naval powers." The Persian Gulf and the Strait of Hormuz emphasizes, first, the economic importance of the Strait and of the Gulf which it serves and, second, the role of the area in great-power rivalry. There is considerable emphasis on recent political history and on the current state of international relations among the Persian Gulf countries, and between them and their non-Gulf neighbors. The Documentary Appendices include the texts of a number of boundary treaties and agreements (affecting both maritime and land boundaries) in the Persian Gulf area. Unlike the first two volumes, this one has relatively little material on the treatment of straits passage at UNCLOS III. After a brief geographic discussion of the Strait of Hormuz, there is an interesting description of the economic interest of various groups of countries in the waterway, followed by a discussion of the role of Hormuz as a "global chokepoint" within the context of American-Soviet rivalry. There is also a discussion of recent events relative to both the Strait and the Gulf beginning with the October 1973 Arab-Israeli War and including other elements of instability in the region, such as the boundaries associated with the UAE sheikdoms, the contest over control of Abu Musa and the Tunbs, and the war in Oman. There is also a brief section on the right of transit passage through Hormuz. The last two chapters of the book focus on the use of military force in the area, including scenarios of oil supply disruption, the policies of the United States and of the Soviet Union toward the Gulf area, and the prospects of conflict and cooperation in the Persian Gulf and the Strait of Hormuz. Ramazani believes that the United States government relies primarily on an arms balance as a means of preventing another Arab-Israeli war and of maintaining Gulf security, and he concludes that "No matter how effective this policy may be in the short run, in the long run it is bound to lead to an intensification of tensions, a final breakdown of regional military equilibrium, and the outbreak of another war." The key chapters of The Strait of Gibraltarand the Mediter- Review Article 273 ranean are the third and fifth. Chapter 3, entitled "Seapower," describes international shipping in the Mediterranean, passage of commercial vessels through the Strait of Gibraltar-with special emphasis on shipping to and from the United States and on movements of oil to the Atlantic-and on U.S. and Soviet naval activities in the Mediterranean. It is replete with tables, graphs, and maps, and presents a comprehensive survey of navigation-related activities in the Mediterranean Basin. Chapter 5 gives a concise history of the controversies over passage through the Strait of Gibraltar, and is a clearly presented account of events through 1979. Truver is concerned about the future regime of straits in the new U.N. Convention on the Law of the Sea, and anticipates the possibility of a U.S. refusal to sign the Convention. Should this occur, Truver suggests that "the United States may have to investigate the possibilities of reaching bilateral agreements with Spain and Morocco on passage through the Strait of Gibraltar." There is an interesting chapter on the physical nature of the Mediterranean Sea, and another chapter which gives an excellent summary of the problems of marine pollution, with special emphasis on the Mediterranean. Finally, there is a chapter discussing the general international straits issue within the Law of the Sea context. The Red Sea and the Gulf of Aden presents comprehensive data on a number of areas, specifically the Red Sea, the Gulf of Aqaba, the Strait of Bab al-Mandeb, the Suez Canal, and the Strait of Tiran, where in recent years there have been controversies over legal regimes. In addition, other water bodies, such as the Gulfs of Suez and Aden and the Strait of Gubal, are also treated briefly. Finally, geographical and historical data are included for nine littoral states in the Red Sea area, extending from Egypt through Somalia. The book has many maps, several tables, and extensive documentary appendices. The volume begins with a brief physical and historical overlay, including an interesting discussion of pollution problems in the Red Sea. A "Political Setting" treats all of the littoral countries, with emphasis on their use of the Red Sea waterways and on the potential for conflict which exists in the area. There follows a treatment of the legal regime of the Red Sea and its attendant 274 Lewis M. Alexander Gulfs, of the Strait of Bab al-Mandeb, and of the Suez Canal; in all cases, a great deal of information is condensed into a few pages. A final chapter deals largely with the Strait of Tiran. With respect to Tiran, Lapidoth-Eschelbacher writes, "It may thus be concluded that since the conclusion of the Treaty of Peace between Egypt and Israel the Strait of Tiran has been subject to a liberal regime of freedom of navigation which supplements and prevails over the generally accepted law for international straits and which will supplement and prevail over the rules of the new Law of the Sea Convention if and when they enter into force." The Baltic Straits, the slimmest of the six volumes, contains useful geographical and historical material on the Baltic Sea in general and on the Little Belt, the Great Belt, and the Sound (Oresund) which form the entrance to the Sea. Included with these are the Fehmarn Belt and the Kadet Channel, both forming part of the seaway for large vessels entering or leaving the Baltic. After a brief introduction to the Baltic region, the text contains a description of the Baltic Sea as an ecosystem, including its physical features, pollution problems, fisheries, seabed delimitation and mineral production, and tourism and recreation. This is followed by a largely historical account of each of the littoral states of the Baltic, and of efforts made to effect marine regional arrangements. There is a chapter devoted largely to the "Danish Straits," including navigational routes, and a comprehensive account of restrictions on passage, dating back to the late fifteenth century. Alexandersson then considers the current legal regime of the Straits and concludes that "Moscow and the Eastern bloc would like the concept of an 'enclosed sea' applied to the Baltic and Black Seas." According to Soviet writers, free passage through the straits at the entrance to the Baltic should be restricted for naval ships, research vessels, and especially aircraft. But Alexandersson feels that "the two superpowers could turn the Baltic region ... into a testing ground for economic and social cooperation with long-term conflict management." They should strive "to keep the Baltic as a sea of peace in which trade may flourish, resources may be exploited equitably, and a healthy marine environment may be preserved." In the series as a whole there is little with which to find fault. Review Article 275 The discussion of the treatment of the straits issue at UNCLOS III appearing in volumes one, two, and four, tends to be repetitious. Traffic separation schemes are not shown for the Malacca/Singapore straits (in fact, a larger-scale map of the southern Malacca/Singapore strait area would have been useful). The inclusion of only the three water connections between the Kattegat and the Baltic as "The Baltic Straits" leaves open the question of how to designate other straits in the Baltic such as Kalmar Sound and the entrance to the Gulf of Bothnia-neither having been mentioned in the text. Professor Mangone is to be congratulated both for initiating and maintaining the series and for the high quality of the volumes which have appeared to date. Texts on the Northwest Arctic Passage and on the Korean Straits are in preparation, and one on Dover Strait may come soon. It is to be hoped that there will be volumes on the Caribbean straits and those of the Philippines and Japan. There might also be a "potpourri" of geographically-isolated straits, such as Magellan, Bass, Cook, Mozambique, Florida, and the Providence Channels. At a time when uncertainties as to the legal status of straits passage exist, because of the Law of the Sea Convention's lack of universality, contributions such as these in the International Straits series are a welcome addition to the literature on marine affairs.
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