This Article compares the existing law of the sea and the United National Draft Convention on the Law of the Sea as they relate to navigation and other national security considerations. The author argues that existing law is unclear and unsupported by a global consensus and that, without consensus, deployment of naval and air forces will conflict with States' claims of jurisdiction involving territorial seas and economic zones. The author concludes that the Draft Convention provides for essential navigational and other security rights, represents an improvement over existing law, and, upon coming into force, will create a widely accepted system of international law for the oceans.
Elliott L. Richardson,
Law of the Sea: Navigation and Other Traditional National Security Considerations,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol19/iss3/7