Non Accession to UNCLOS and the Doctrine of Innocent Passage or Transit Passage: Challenges and Prospects

Md. Asrafuzzaman Babu

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International Journal of Humanities, Social Sciences and Education

Volume 6, Issue 3, 2019, Page No: 19-26

Non Accession to UNCLOS and the Doctrine of Innocent Passage or Transit Passage: Challenges and Prospects

Md. Asrafuzzaman Babu*

Lecturer, Department of Law, North Western University, Khulna, Bangladesh.

Citation : Md. Asrafuzzaman Babu, Non Accession to UNCLOS and the Doctrine of Innocent Passage or Transit Passage: Challenges and Prospects International Journal of Humanities Social Sciences and Education 2019, 6(3) : 19-26.

Abstract

United Nation Convention on Law of the Sea (UNCLOS) regime is the compromise between costal and the shipping states interests. It is framework conventions and which is binding on the member states subject to the enactment of national legislation. It is the reflection of existing customary law and also the compromise interest of the member states. UNCLOS regime has been challenged by some non-member coastal states in some cases moved beyond the permissible scope of regulation over the territorial sea and strait in terms of granting innocent passage right. Article 33 of VCLT outlines the nature of treaty obligation for non-member states.

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