by CopperLine » Mon Jan 28, 2008 3:42 pm
My goodness Get Real you have been busy burning those Google keys confirming the adage that 'a little knowledge is a dangerous thing'.
So now you've given up on IMO - good, we're making progress - and now you've gone back to UNCLOS - well it was good whilst it lasted. Shaking off my boredom, Article 11 is explained in the first sub-clause 'For the purposes of delimiting territorial sea .... ' So nothing about granting or withholding access to ports. Article 25 give the game away right there in its' title 'rights of protection of the coastal state' i.e, it is an article about 'protection' and about 'coastal states'. It is also about innocent passage and 'innocent' in international law is a used as a contrast to 'bellicose' or warlike. The Mersin to Famagusta ferry is under the international maritime law an 'innocent' vessel seeking 'innocent passage.' So this part of the Article is not relevant to our case. Article 25:2 is a re-statement of the already established fact - that I've repeated over and over again - that it is the national authority (NOT an international authority) which is to determine admission to and punishment of violations of entry to national ports. And Article 25:3 elaborates on this national authority.
So again, your example of international law - yes UNCLOS is international law - simply re-states what we've known all along and which I have been arguing all along that access to ports is a national not an international legal matter.
As you said Get Real, there’s plenty more in this document so anyone interested feel free to study it ... but please don't make it up.