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The special status of the Strait of the Aland Islands as an exception of the transit passage principle (Art. 35 of the Convention on the Law of the Sea)

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Bugajski D. R.

Prawo Morskie

2006

vol. 22

81-97

The Aland Islands are comprised of 6500 islands, eighty of which are inhabited, with a combined area of 1500 km2. The entire territory is inhabited by 27 000 Swedish-speaking people. The international agreements currently in force regulate the use of the Strait of the Aland Islands just to a certain degree and refer only to navy vessels. Therefore, it can be concluded that the strait's particular legal regime is described primarily by the regulations of the 1921 Geneva Convention. For other ships, the principles of common use and treaties of international maritime law apply. Foundations exist to recognize a transit passage in the strait beyond the demilitarized zone. The current status of the islands and the surrounding waters is commonly accepted by both the Swedish inhabitants of the archipelago - who have considerable political and economic autonomy within Finland, the countries on both sides of the strait, and the international community throughout the Baltic region.

The Right to Sail in the Pilawska Strait and International Practice

100%

Bugajski D. R.

Prawo Morskie

2008

vol. 24

209-228

A guarantee of the right of ships of all flags to travel in the Pilawska Strait has become one of Poland's aims as a result of the lack of agreement on the part of the Russian govemment to open the strait for international shipping. In December 2004, however, a Polish project was presented for an agreement between the Republic of Poland and the government of the Russian Federation concerning shipping in the Vistula Lagoon and through the Pilawska Strait. The project proposes that the Pilawska Strait should be designated an international strait, in which shipping is only subject to Russian law and not to international law. The author of this essay does not agree with the official position of the Polish Ministry for Foreign Affairs in the matter of recognizing the Pilawska Strait as an international strait. He also does not agree with the international legal argument justifying Poland's claim to use the Pilawska Strait and the opening of the Strait to international shipping.

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The special status of the Strait of the Aland Islands as an exception of the transit passage principle (Art. 35 of the Convention on the Law of the Sea)

The Right to Sail in the Pilawska Strait and International Practice