Narrow International Ocean Waterways

[94] Section II Narrow International Ocean Waterways

The freedoms of navigation and overflight and Bab el Mandeb, as well as the Suez and might be considered within the context of Panama Canals, are examples of such choke three alternative regimes. A first is in the high points. Global choke points generally have seas beyond the limits of national jurisdic- three criteria. They are relatively narrow; tion. Here article 87 of the LOS Convention they handle a considerable volume of world guarantees that these freedoms shall be traffic; and they are the only practicable sea exercised by all States with due regard routes connecting bodies of water used in to the interests of other States. Since no international navigation. There may also be restrictions are placed on the movement of “regional” choke points, affecting primarily vessels and aircraft on the high seas, the the interests of one State or a small group of regime is not included for consideration States. For example, Soya (La Perouse) Strait within this Report. between the Seas of Japan and Okhotsk is A second regime exists within the limits of a critical choke point for the U.S.S.R., but national jurisdiction, including the EEZ, ter- of relatively small concern to most other ritorial sea, archipelagic and internal waters. shipping countries. For the United States, Certain restrictions are placed here by the Windward Passage in the Caribbean might Convention articles on the passage of vessels be considered a choke point since through it and aircraft and/or on their activities during passes the most direct route from the north- passage. This regime has been discussed in eastern United States to the Panama Canal. Section I. One problem with the choke point concept A third is the regime of narrow inter- is that people often emphasize choke points national ocean waterways, defined in this to the exclusion of the many other narrow Report as international straits, archipelagic international waterways involved in the sea lanes and international canals.1 Narrow global network of ocean navigation routes. waterways are places where passage by for- International straits, canals and archi- eign vessels and aircraft could be prevented pelagic sea lanes are “convergence points” by the coastal State or States without diffi- of navigation routes, but there are also culty. A decision to interdict might involve what might be termed “oceanic conver- shore batteries, mines, sunken ships, subma- gence points” where vessels round promi- rine nets, or the presence of warships or law nent points of land. Two of these are off the enforcement vessels. Cape of Good Hope, South Africa, and Cape [95] Certain narrow waterways are often Leeuwin, southwestern [96] Australia. Other referred to as “choke points,” where geo- important oceanic convergence points are graphical conditions permit a country to off Cape Sao Roque, Brazil; Cape Corrientes, close off, or at least restrict, the flow of ocean- Mexico; Cape Race, Newfoundland; and borne traffic of the international commu- Cape Guardafui, Northeast Africa. Should the nity. Gibraltar, Malacca-Singapore, Hormuz contiguous coastal State, for environmental or other reasons, seek to prevent foreign ves- 1 In addition, narrow waterways also involve inter- sels from passing close to its coast, the result island passages away from major sea lanes (as in may be the addition of considerable dis- the Aegean) and navigation routes between island tance and expense to the use of traditional fringes and the mainland (as in northwestern ocean navigation routes congregating in Norway). this area.