Posts by Bart⚓️
With the "shot through the engine room", people say it's impossible because the engine room is below the waterline. Not so. The ER stretches down from the main deck all the way down. Part above, part below the waterline.
youtu.be/BsYwnq_gn4w?...
Hi again. My account seems to be reinstated
24/x This includes the fundamental principle of non-suspendable innocent passage through straits used for international navigation, as established in the Corfu Channel case.
23/x Iran has never ratified UNCLOS 58 or UNCLOS 82, so one could argue that its legal position regarding the Strait of Hormuz is based on customary international law.
22/x The definition of an "international strait" remains similar; they just added EEZ to it.
21/x - Non-suspendable and coastal States “shall not hamper” it (Article 44).
- Coastal States have only limited regulatory powers (mainly safety, pollution, fishing, and traffic separation schemes), and they cannot discriminate or effectively deny passage.
20/x - Applies to ships and aircraft.
- Submarines can transit in their normal mode (submerged).
- Explicit right of overflight.
- No subjective “innocence” test: passage must simply be continuous and expeditious in the normal mode of operation.
19/x To resolve this impasse, negotiators introduced a new, dedicated regime called "transit passage". What are the main differences with "innocent passage"?
18/x Major maritime powers (especially the US, Soviet Union, and UK) made it clear that they would not accept a 12nm territorial sea unless robust passage rights through straits were guaranteed. For them, unimpeded transit through key straits was a non-negotiable condition.
17/x There would no longer be any high seas corridor left. If the old innocent passage regime had simply been applied to these newly “territorialised” straits, navigation rights would have been significantly restricted compared to what existed before.
16/x During UNCLOS III, there was a broad consensus to expand the territorial sea to a maximum of 12 nm. This expansion had a serious side effect: in over 100 straits used for international navigation, the territorial seas of the bordering States would overlap completely.
15/x In the most important international straits (Gibraltar, Hormuz, Malacca, Dover, Bab el Mandeb, etc.), this left a corridor of high seas in the middle through which ships and aircraft enjoyed full high seas freedoms of navigation and overflight
14/x But why did they change from "innocent passage" to "transit passage" when they made UNCLOS 1982? Under the traditional rules, the territorial sea was generally 3 nautical miles wide.
13/x UNCLOS 1982 clarified this further in Article 19. The full text is attached and explains some circumstances under which a transit may not be considered innocent.
12/x UNCLOS 1958 defines it as "Passage is innocent only so long as it is not prejudicial to the peace, good order or security of the coastal State" (Article 14(4)). The coastal State itself judges whether the passage meets this test.
11/x It affirmed that such straits are not subject to the full discretion of the coastal State in the same way as ordinary territorial sea. But what is "innocent passage"?
10/x Consider this: the right of "innocent passage" through an international strait was established before UNCLOS. In short, the Corfu Channel case is the foundational judicial authority for the modern law on passage through international straits.
9/x The Court ruled that foreign warships enjoy the right of innocent passage through straits used for international navigation between two parts of the high seas. This right exists in peacetime and cannot be made subject to prior authorization by the coastal State.
8/x Albania denied laying the mines or knowing about them and claimed the British ships had no right to pass through its territorial waters without prior authorization. The United Kingdom brought the case to the ICJ in 1947.
7/x Two British destroyers (HMS Saumarez and HMS Volage) struck underwater mines. The explosions killed 44 British sailors and seriously injured others. The ships were badly damaged.
6/x On 15 May 1946, British warships passing through the channel were fired upon by Albanian coastal batteries. On 22 October 1946, a British flotilla (two cruisers and two destroyers) sailed through the North Corfu Channel.
5/x Where does this stem from? It's one of the first cases brought before the International Court of Justice, ICJ, namely the Corfu Channel Case. In 1946, during the Greek Civil War, a series of three encounters took place in the Corfu Channel between Albania and the UK.
4/x The article states that "innocent passage" through a strait CANNOT be suspended. A coastal state can ONLY suspend this right when its own security is at risk, and this suspension is limited to its territorial waters.
3/x First, we need to look at the definition of an "international strait." UNCLOS58 - art16(4) defines this as "straits which are used for international navigation between one part of the high seas and another part of the high seas or the territorial sea of a foreign State"
2/x Those two terms stem from UNCLOS 1958 and UNCLOS 1982. If you want a history of how UNCLOS came to be, check the link below: bsky.app/profile/bart...
1/x I notice many people confusing "transit passage" and "innocent passage" regarding the Strait of Hormuz. There also appears to be uncertainty about what qualifies as an "international strait." Let's clarify the differences. 🧵
Ships also get nose jobs (EDR shipyard Antwerp)