Balancing the rights of the coastal state in its exclusive economic zone and freedom of navigation of other states: an analysis of the practice of Asian countries

The UN Convention on the Law of the sea creates a delicate balance between the rights of the coastal State and those of other States in the EEZ. The present paper argues that although the balance created by the Convention is impressive, its application is not easy. As national interests are involved...

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Bibliographic Details
Main Author:	Hamid, Abdul Ghafur@Khin Maung Sein
Format:	Conference or Workshop Item
Language:	English
Published:	2007
Subjects:	KZ Law of Nations
Online Access:	http://irep.iium.edu.my/26281/ http://irep.iium.edu.my/26281/1/Balancing_The_Rights_Of_The_Coastal_State.pdf

id	iium-26281
recordtype	eprints
spelling	iium-262812013-04-29T13:19:56Z http://irep.iium.edu.my/26281/ Balancing the rights of the coastal state in its exclusive economic zone and freedom of navigation of other states: an analysis of the practice of Asian countries Hamid, Abdul Ghafur@Khin Maung Sein KZ Law of Nations The UN Convention on the Law of the sea creates a delicate balance between the rights of the coastal State and those of other States in the EEZ. The present paper argues that although the balance created by the Convention is impressive, its application is not easy. As national interests are involved, state practice is not exactly in confirmity the Convention. The paper analyses national laws of selected Asian countries and finds that although most of them follow the Convention formula of balancing, some are clearly at variance with it and some are controversial. The paper concludes that states parties to UNCLOS are obliged to fulfil in good faith the obligations under the Convention and that the delicate balance between coastal and user states rights can be achieved in practice only by menas of mutual understanding and sincere negotiations. 2007 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/26281/1/Balancing_The_Rights_Of_The_Coastal_State.pdf Hamid, Abdul Ghafur@Khin Maung Sein (2007) Balancing the rights of the coastal state in its exclusive economic zone and freedom of navigation of other states: an analysis of the practice of Asian countries. In: The 4th Asian Law Institute (ASLI) Conference "Voice from asia for a just and equitable world", 24-25 May 2007, Depok, Indonesia.
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KZ Law of Nations
spellingShingle	KZ Law of Nations Hamid, Abdul Ghafur@Khin Maung Sein Balancing the rights of the coastal state in its exclusive economic zone and freedom of navigation of other states: an analysis of the practice of Asian countries
description	The UN Convention on the Law of the sea creates a delicate balance between the rights of the coastal State and those of other States in the EEZ. The present paper argues that although the balance created by the Convention is impressive, its application is not easy. As national interests are involved, state practice is not exactly in confirmity the Convention. The paper analyses national laws of selected Asian countries and finds that although most of them follow the Convention formula of balancing, some are clearly at variance with it and some are controversial. The paper concludes that states parties to UNCLOS are obliged to fulfil in good faith the obligations under the Convention and that the delicate balance between coastal and user states rights can be achieved in practice only by menas of mutual understanding and sincere negotiations.
format	Conference or Workshop Item
author	Hamid, Abdul Ghafur@Khin Maung Sein
author_facet	Hamid, Abdul Ghafur@Khin Maung Sein
author_sort	Hamid, Abdul Ghafur@Khin Maung Sein
title	Balancing the rights of the coastal state in its exclusive economic zone and freedom of navigation of other states: an analysis of the practice of Asian countries
title_short	Balancing the rights of the coastal state in its exclusive economic zone and freedom of navigation of other states: an analysis of the practice of Asian countries
title_full	Balancing the rights of the coastal state in its exclusive economic zone and freedom of navigation of other states: an analysis of the practice of Asian countries
title_fullStr	Balancing the rights of the coastal state in its exclusive economic zone and freedom of navigation of other states: an analysis of the practice of Asian countries
title_full_unstemmed	Balancing the rights of the coastal state in its exclusive economic zone and freedom of navigation of other states: an analysis of the practice of Asian countries
title_sort	balancing the rights of the coastal state in its exclusive economic zone and freedom of navigation of other states: an analysis of the practice of asian countries
publishDate	2007
url	http://irep.iium.edu.my/26281/ http://irep.iium.edu.my/26281/1/Balancing_The_Rights_Of_The_Coastal_State.pdf
first_indexed	2023-09-18T20:39:11Z
last_indexed	2023-09-18T20:39:11Z
_version_	1777409249700216832

Balancing the rights of the coastal state in its exclusive economic zone and freedom of navigation of other states: an analysis of the practice of Asian countries

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