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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Freedom of navigation: an unfair competition with the economic objectives of the exclusive economic zones of African States
Author:Ladan, A.M.ISNI
Periodical:The Comparative and International Law Journal of Southern Africa
Geographic term:Africa
Subjects:territorial waters
maritime transport
Abstract:Almost twelve years after it opened for signatures, the 1982 UN Convention on the Law of the Sea (the convention or LOSC) is ready to come into force. To African States, the convention is an embodiment of their achievements in the field of international law in general, but in the field of international law of the sea in particular. One of these achievements is the expanded rights of coastal States, both in terms of jurisdiction and in terms of maritime area, as conveyed by the concept of the exclusive economic zone (EEZ) in Part V of the convention. This article demonstrates that to construe freedom of navigation under the LOSC without due regard to the dynamics of the concept of the freedom of the seas, creates an unfair competition between the economic objectives of the EEZ and the concept of freedom of navigation. The article argues that because freedom of navigation has ceased to be common to all, it has lost its substratum. It has become an instrument for the economic castigation of African States in terms of ownership of shipping tonnage, fishing, carriage of goods and military uses. For these reasons, navigation generally, but navigation of fishing vessels in the EEZ of African States in particular, should be construed in line with the economic objectives of these States' EEZs. Notes, ref.