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Law of the Sea

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U.S. Naval War College

Innocent passage

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The Legal Framework Applicable To Intrusive Intelligence, Surveillance, And Reconnaissance Operations In The Air And Maritime Domains, Raul (Pete) Pedrozo Nov 2022

The Legal Framework Applicable To Intrusive Intelligence, Surveillance, And Reconnaissance Operations In The Air And Maritime Domains, Raul (Pete) Pedrozo

International Law Studies

The validity of intrusive intelligence, surveillance, and reconnaissance (ISR) operations in the maritime and air domains depends on the location from which the operation is conducted. Intrusive ISR conducted beyond the territorial sea and national airspace is considered an internationally lawful use of the sea that is not subject to coastal State jurisdiction or interference. Efforts by a handful of States to regulate ISR operations in and over the exclusive economic zone are clearly inconsistent with a plain reading of the United Nations Convention on the Law of the Sea and the Convention on International Civil Aviation (and their negotiating …


An Incident In The South China Sea, Rob Mclaughlin Nov 2020

An Incident In The South China Sea, Rob Mclaughlin

International Law Studies

This article assesses characterization issues under the law of the sea, through the medium of an International Law Studies “maritime situation.” The article begins with a hypothetical scenario concerning an incident between a NATO warship and PRC vessels near Subi Reef and Thitu Island in the South China Sea. The analysis then turns to how we might assess characterization issues under the law of the sea as they apply to this incident. The lenses of analysis employed are: (1) Where, in law of the sea terms, did the incident happen? (2) Who, employing a law of the sea characterization scheme, …


The Regime Of Innocent Passage In Disputed Waters, Hitoshi Nasu Nov 2018

The Regime Of Innocent Passage In Disputed Waters, Hitoshi Nasu

International Law Studies

The regime of innocent passage is a well-established body of customary international law. However, when there is a dispute over sovereign entitlement to a territorial sea or its outer limit, the applicability and legal effect of the regime are brought into question. This article considers the applicability of the regime of innocent passage and its legal effect in disputed waters by critically examining the relevant jurisprudence of international courts and tribunals that have dealt with territorial and maritime disputes. The efficacy of the findings from this analysis will then be evaluated from a legal policy perspective in the interest of …


Navigational Freedom: The Most Critical Common Heritage, John Norton Moore Jun 2017

Navigational Freedom: The Most Critical Common Heritage, John Norton Moore

International Law Studies

This keynote address was delivered at the Freedom of Navigation and the Law of the Sea workshop hosted by the Stockton Center for the Study of International Law at the U.S. Naval War College on May 17, 2017.


Freedom Of Navigation: Development Of The Law Of The Sea And Emerging Challenges, Vladimir Golitsyn Jun 2017

Freedom Of Navigation: Development Of The Law Of The Sea And Emerging Challenges, Vladimir Golitsyn

International Law Studies

This keynote address was delivered at the Freedom of Navigation and the Law of the Sea workshop hosted by the Stockton Center for the Study of International Law at the U.S. Naval War College on May 18, 2017.


International Straits, J. Ashley Roach, Robert W. Smith Dec 1994

International Straits, J. Ashley Roach, Robert W. Smith

International Law Studies

No abstract provided.


Identification Of Excessive Maritime Claims, J. Ashley Roach, Robert W. Smith Dec 1994

Identification Of Excessive Maritime Claims, J. Ashley Roach, Robert W. Smith

International Law Studies

No abstract provided.


The Future Of U.S. Ocean Policy, J. Ashley Roach, Robert W. Smith Dec 1994

The Future Of U.S. Ocean Policy, J. Ashley Roach, Robert W. Smith

International Law Studies

No abstract provided.


In The Territorial Sea, J. Ashley Roach, Robert W. Smith Dec 1994

In The Territorial Sea, J. Ashley Roach, Robert W. Smith

International Law Studies

No abstract provided.


The Law Of The Sea Conference: Issues In Current Negotiations, Lewis M. Alexander Jan 1980

The Law Of The Sea Conference: Issues In Current Negotiations, Lewis M. Alexander

International Law Studies

No abstract provided.


Index Volume 61 Role Of International Law And An Evolving Ocean Law Jan 1980

Index Volume 61 Role Of International Law And An Evolving Ocean Law

International Law Studies

No abstract provided.


Special Aspects Of Jurisdiction At Sea, Wilfred A. Hearn Jan 1980

Special Aspects Of Jurisdiction At Sea, Wilfred A. Hearn

International Law Studies

No abstract provided.


An Inter-American Approach To The Law Of The Sea?, Charles L. Cochran Jan 1980

An Inter-American Approach To The Law Of The Sea?, Charles L. Cochran

International Law Studies

No abstract provided.


Freedom Of The Seas, Ephraim P. Holmes Jan 1980

Freedom Of The Seas, Ephraim P. Holmes

International Law Studies

No abstract provided.


Current International Law Problems Of The Navy, Joseph B. Mcdevitt Jan 1980

Current International Law Problems Of The Navy, Joseph B. Mcdevitt

International Law Studies

No abstract provided.


Archipelago Concept Of Limits Of Territorial Seas, John R. Brock Jan 1980

Archipelago Concept Of Limits Of Territorial Seas, John R. Brock

International Law Studies

No abstract provided.


What Is Innocent Passage?, Peter B. Walker Jan 1980

What Is Innocent Passage?, Peter B. Walker

International Law Studies

No abstract provided.


Emerging Legal Problems Of The Deep Seas And Polar Regions, Richard B. Bilder Jan 1980

Emerging Legal Problems Of The Deep Seas And Polar Regions, Richard B. Bilder

International Law Studies

No abstract provided.


The Soviet Navy And Ocean Law, Mark W. Janis Jan 1980

The Soviet Navy And Ocean Law, Mark W. Janis

International Law Studies

No abstract provided.


Index Volume 61 Role Of International Law And An Evolving Ocean Law Jan 1980

Index Volume 61 Role Of International Law And An Evolving Ocean Law

International Law Studies

No abstract provided.