Since before the signing of the UN Convention on the Law of the Sea (UNCLOS 1982) on December 10, 1982 in Montego Bay Jamaica by the end of the 90s, the U.S. has opposed excessive maritime claims of Albania. In this period the lack of diplomatic relations between the two countries, the U.S. has used to pressure the government of Albania's diplomatic instrument combined with the military. In this period of People's Socialist Republic of Albania led by communist philosophy, which was aimed at demonstrating a kind of "independence" ignoring international law "manipulated" by the U.S. through the UN. As the United States as the largest naval power and global interests, aimed at full implementation of the principles that embody the spirit and philosophy LOS UNCLOS 1958 and then 1982. For this purpose, the U.S. in the early 80s designed and began implementing the Free Navigation Program, a program aimed at tightening the countries with excessive maritime claims, and their enforcement by internationally accepted norms and codified by UNCLOS 1982.
Free Navigation Program was initiated by President Carter in 1958 based on LOS, but he continued to be implemented during the administration of President Reagan, Bush, Clinton, Bush, Young, and continues to be implemented by the Obama administration. This program is not discriminatory and applies to all countries with excessive maritime claims, whether allied countries, friendly or enemy. Depending on reports that the U.S. has with the land on which the program applies, as liability instruments used can be diplomatic way or using naval and air assets in the interests of diplomacy, to exercise their rights and denial the exaggerated claims of coastal states.
After the signing of the UN Convention on the Law of the Sea 1982 (UNCLOS 1982), Albania's communist government was fully aware that its territorial sea claims were exaggerated and not consistent with this right. In a paper prepared by the Navy and was sent to Albania's former representative in negotiations on the UN Convention on the Law of the Sea and the Deputy Minister of Foreign Affairs. Socrates Plaka, through the Deputy Minister of Defence, Mr. Jace Lula, argued that national legislation contrary to the UNCLOS 1982. According to this letter, controversies related to the breadth of the territorial sea and the right of peaceful transition. In conclusion paper recommends that "for changing or correcting them should get approval from the relevant authorities." This assessment reports legislation with international law of the sea is dated January 18, 1983 and was written only 39 days after the signing in Montego Bay Jamaica UN Convention on the Law of the Sea (UNCLOS 1982), more December 10, 1982. UN Convention on the Law of the Sea (UNCLOS III) was negotiated for nearly 13 years. Albania has been almost pair during the initial phase of negotiation represented by Mr. Socrates Plaka. But Albania did not participate in Montego Bay Jamaica to sign the convention. Albania accepted the UN Convention on the Law of the Sea (UNCLOS III) in 1990, when the Law Nr.7366, dated 03.24.1990 amended the Law Nr.4650, dated 09.03.1970 "On the border of the People's Republic of Albania "and ratified the convention on the Law Nr.9055, dated 24.04.2003" On the accession of the Republic of Albania in the UN Convention on the Law of the Sea ".
The U.S. has been a major donor and investor UN Convention on the Law of the Sea (UNCLOS 1982), by signing it on December 10, 1982 in Montego Bay Jamaica. But the U.S. has not yet ratified the convention, because of dissatisfaction related to the use of mineral resources of the seabed subsoil. However, UNCLOS 1982 was accepted by the U.S. government during the government of President Clinton.
Despite this stance, the U.S. is the most powerful instrument for imposing global UN Convention on the Law of the Sea. Free Navigation Program run by the Department of State and implemented with the participation of the Department of Defense, launched in 1979 and was initiated by President Carter. Originally it was developed for the imposition of four UN Conventions on the Law of the Sea of 1958 (LOS 1958), which entered into force, but there was never accepted, and then the UN Convention on the Law Sea 1982 (UNCLOS 1982), which entered into force in November 1994.
The purpose of the Free Navigation Program is to preserve and maintain the global mobility of the Armed Forces of the United States, as well as guaranteeing the right of free navigation and flight to all users of the world ocean. During the implementation of the program, it has been subject to excessive maritime claims of coastal states, which are linked with historic bays, the methods of determining the straight-line basis, the breadth of the territorial sea of 12 nautical miles; illegal restrictions on transfer peaceful and transit etc..
Albania has been involved extensively in the U.S. Free Navigation Programme, especially in the period between 1980-1990. Maritime legal controversies between Albania and the United States included in this program were three: the exaggerated claims of Albania on the construction of a straight-line basis, exaggerated claims of Albania on the breadth of the territorial sea and the exaggerated claims of Albania on the right of peaceful passage of ships of war.
The first controversy: straight line basis
In 1970, the People's Republic approved Law Nr.4650, dated 03.09.1970, which first built a system of straight-line basis over the Adriatic Sea and Ionian Sea. Theory building straight-line basis in law embodies the principle stated in Article 7 and 10 of UNCLOS 1982's and in everyday jargon is called straight line joining the emerging kepeve on the coast. On June 13, 1989, the United States, through the French Embassy in Tirana, the government directed the People's Republic of Albania a formal notice by telegram no. 193 134, in which protest over maritime borders of Albania, announced with the above law. In grade U.S. official saying the U.S. would like to stress that most of the Albanian coast, which does not have much depth and no islands in its vicinity, is not eligible in accordance geographical international law to create a straight line basis. Moreover, the basic straight line from Rodon Cape to discharge Vjosë and Gjuhez Cape to Cape Saranda, ie. waters covered by the straight line basis bays are neither legal nor historical bays.
Albanian legislation on straight line basis existed for about 38 years and, paradoxically, is repealed by Law nr.9861, dated 24.1.2008 "On the control and supervision of the state border of the Republic of Albania", a law of a different nature from he border. According to the assessment made by the United States, this straight line based on the so-called geographical bays, in most cases, except Vlora Bay and Drin, does not comply with the methodology of building a straight-line basis for legal bays, the expressed in Article 10 of UNCLOS 1982.
Because no exact building right away basis, in accordance with Article 10 of UNCLOS in 1982, according to the U.S. State Department that Albania's results have benefited more territorial sea. Territorial sea is measured by straight line basis, and any change in this line reflects the limits of the territorial sea as well as in other marine areas as neighboring areas, exclusive economic zones and, depending on the methodology of determining the boundary continental shelf. 1982 UNCLOS Article 4 - "external boundary of the territorial sea is the line every point of which, from the nearest point of the baseline, no distance equal to the length of the generation of the territorial sea." According to estimates made by the State Department of the United States, because of the difference between straight-line basis claimed by Albania and what should be built in accordance with the U.S. interpretation, it appears that Albania has benefited jurisdiction Its national (territorial sea) 33.145 113.684 km2 milje2 or more. This surface is obtained by six small triangles stretching from the Cape of Rodon Sazan Island to the limit of the territorial sea. Below is the table of excessive maritime areas of Albania, according to the U.S. interpretation. This table is built by the U.S. State Department in 1995.
Straight line basis was not considered as Albania never claim its excessive and contrary to the U.S.. In terms Navigation, six triangles do not create restrictions on the freedom of navigation and basic straight line consisting of Albania has no major controversy in the U.S..
U.S. hostility to its base line right referred to in Article 10 of UNCLOS 1982. But in fact, refer to section 7 of this convention is, this straight line basis can be considered legitimate. Also Italy, our neighbor opposite, with Nr.816 presidential decree dated April 26, 1977, has built its line right to the same basic methodology by applying the appropriate section 7 of UNCLOS 1982. The U.S., through its embassy in Rome, through Nr.309312 telegram dated December 16, 1986 has challenged the basic straight line of Italy. In the telegram, inter alia, states that:
"... In view of the U.S. government, many segments of straight-line basis determined by the government of Italy and therefore does not meet the criteria are based on international law ..."
Calculations were made by the U.S. State Department and reflected in the map produced by him in 1995.
From the formal point of view, the basic straight line of Albania and Italy, was legitimized by the Agreement concluded between the Republic of Albania and the Republic of Italy for the delimitation of the Continental Shelf on 18 December 1992, delimituese line of which is constructed with high-line methodology the straight lines based on the two states.
Shelf Agreement on delimitation of Kontinenal between the Republic of Albania and the Republic of Italy has been ratified by the Italian Parliament with Law Nr.147, on 12 April 1995 and entered into force on 26 February 1999. Also, the Albanian Parliament ratified the agreement with the Law Nr.7685, dated March 15, 1993 and enacted by the President of the Republic by Decree 500, dated March 26, 1993. Albanian party agreement entered into force on March 15, 1993.
From the formal point of view, in my estimation, the opposition between Albania and the United States on the right track under the bridge called because it was built back in Article 7 of UNCLOS III, and not only Article 10, as the U.S. claims. This line is never challenged by our neighbors sailors, Italy, Greece and the former Yugoslavia (now Montenegro). Also, the entry into force of the Agreement on delimitation of the Continental Shelf between the Republic of Albania and the Republic of Italy has given full legal character of this line.
The second controversy: the breadth of the territorial sea
Until 1990, the Albanian legislation to limit based on the Law Nr.4650, dated 03.09.1970 as amended by Law Nr.5384 dated 23.02.1976 and Law Nr.6180, dated 26.04.1980, which define the width of the territorial sea to Albania 15 nautical miles. The breadth of the territorial sea completely contrary to fall, as the 1958 LOS UNCLOS 1982, Article 3, which states that "every state has the right to decide generation of its territorial sea up to the limits of no more than 12 miles marine, measured by straight line basis, as determined in accordance with this Convention ".
On October 16, 1980, three warships of the U.S. Navy's, a cruiser, a frigate and a ship dokdesante 12.5 nautical miles sailed parallel to the straight line basis to Albania by the north-south direction. This action of the U.S. Navy's raised the alert Albanian Naval Force and all military units operating on the coast. American ships were escorted by the Albanian Navy ships from the moment of entry into Albanian waters west of Sazan Island to the west exit of Rodon Cape. Action similar demonstration by the U.S. Navy also took place on the 28th June 1983 in which he used two cruisers and a frigate, on 18 January 1984, and between 1986 - '87. These military actions demonstration of U.S. warships were under the Free Navigation Program, in order to oblige Albania to change the width of the territorial sea in accordance with the UN Convention on the Law of the Sea (UNCLOS 1982).
Despite these actions the U.S. during the period 1980-1989, the Albanian government took no initiative to change the law and reduce the claim to the breadth of the territorial sea of 15 to 12 nautical miles. But, although the breadth of the territorial sea was set at 15 nautical miles, Albania has never exercised its national sovereignty beyond a distance of 12 nautical miles. The decision to inviolability of the territorial sea width seems to be a political decision. As mentioned above, the Navy military since 1983 had proposed amending legislation and reducing the width of the territorial sea of 15 to 12 nautical miles.
At the beginning of the democratic process, when Albania was a need for international support, and is also revising its position in international law in general and relations with the U.S., the Albanian Parliament Nr.7366 Law dated 03.24.1990 made a difference Another Law Nr.4650, dated 09.03.1970 "On the border of the People's Republic of Albania", defining the width of the territorial sea 12 nautical miles. This change was consistent with UNCLOS 1982, Article 3. Although Albania at that time had not ratified UNCLOS in 1982, this law expressing the will of the Albanian state for its recognition. Law Nr.7366, dated 03.24.1990, formally resolve controversy with the United States, but also the UN Convention on the Law of the Sea (UNCLOS 1982), Article 3, on the breadth of the territorial sea.
The third controversy: The right of peaceful transition
Despite the lack of a convention in force until 1994, when it entered into force, the UN Convention on the Law of the Sea (UNCLOS 1982), in accordance with customary international law of the sea, all foreign vessels, including military ones, were entitled to the peaceful passing through the territorial sea of the coastal State. This principle of customary law was codified by UNCLOS 1982. After the first incident of Corfu Channel 15 May 1946, the government of the People's Republic of Albania issued an executive order dated May 21, 1946, which order suspending the right of peaceful passage of war ships in its territorial sea to Albania in the Corfu Channel. Challenging the order of the Albanian government was the initiator of contention between the two states on the interpretation of customary international law of the sea and ended with the Corfu Channel incident.
Executive Order dated May 21, 1946 remained in force until the adoption of the Law Nr.4650, dated 03.09.1970 "On the border of the People's Republic of Albania", amended by Law Nr.5384, dated 02/23/1976 and Law No. .6180, dated 26.04.1980. In Article 6 of the law said that "foreign ships of war not entitled to the peaceful transition in the territorial waters of the People's Republic of Albania" followed by Section 7, which authorizes the Council of Ministers to allow the passage of ships of war, peace Albania through the territorial sea except force majeure cases. Thus, Article 7 of the law does not guarantee the peaceful transition to a universal right to the sea, but as a privilege of the coastal State (Albania) and that this authorization issued on a case by case basis and in a discriminatory manner.
Placing restrictions on the peaceful transition of war ships through the territorial sea to Albania contrary to the 1958 LOS with UNCLOS 1982. Article 17 of UNCLOS 1982, provides that "ships of all States, not the coastal shoreline, enjoy the right of peaceful passage through the territorial sea." If this convention in Articles 18-20 determine the restrictions that have long ships and peaceful transition in Articles 21-25 of the rights and duties of the coastal State. Convention gives the coastal state the right to make temporary restriction of peaceful transition through its territorial sea if such suspension is essential to guarantee his safety. Also, interruption or suspension of a peaceful transition determined by the coastal State should be temporary and not discriminatory. In the early '90s, when he changed the width of the territorial sea, Albania made the necessary changes to legislation, restrictions on the right to the peaceful transition Place since May 21, 1946. This change was made about 10 years later, in 2001. Law Nr.8771, dated 19.04.2001 "On the state border of the Republic of Albania" in Section 5 does not impose restrictions on the right of peaceful passage through the territorial sea to Albania. Considering that Albania has ratified the UN Convention on the Law of the Sea (UNCLOS 1982) and has not submitted any declaration on the peaceful transition regime, as has not deposited its instrument of ratification of the UN secretary-general of, we can say that virtually Albania has accepted the right of peaceful transition in terms provided by the Convention and there is no contradiction with the U.S. on this issue.
Conclusion
Of the three controversies that Albania has had with the U.S. regarding its claims of excessive maritime claims that were discussed above, virtually none now exists. Until 1990, Albania's position on the international law of the sea has been a completely politically motivated position. Experts from the Naval Force in 1983, just 39 days after signing in Montego Bay Jamaica UN Convention on the Law of the Sea Albanian government recommended changes in legislation and limit its compliance with this right.
Straight line basis as provided by law Nr.4650, dated 03.09.1970 and subsequently by Law Nr.8771, dated 19.4.2001 "On the border of the Republic of Albania" practically makes no claim of excessive Albania. But even if it were true, as claimed by the U.S., six triangles have no effect on the freedom of navigation on the high seas. Also, the alleged excesses by the U.S. for about 114 km2 territorial sea is only 2% of the territorial sea space of Albania, which, according to estimates made by the State Department of the United States. Practically, we can say that Albania is drawn from two exaggerated claims (the width of the territorial sea and the right of peaceful passage) changing legislation in accordance with international law of the sea (UNCLOS 1982). In terms of straight-line basis, assess the opposition to the U.S. was not justified and the position of Albania has been fully in accordance with international law of the sea (UNCLOS 1982). In my estimation, the Republic of Albania has no legal objection to the U.S. Naval.
