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Articles 1 - 30 of 137
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Some Reflections On The “New Law Of The Sea”, Philippe Gautier
Some Reflections On The “New Law Of The Sea”, Philippe Gautier
International Law Studies
The fortieth anniversary of the opening for signature of the UN Convention on the Law of the Sea provides an opportunity to offer some reflections on the “new law of the sea”; that is, the comprehensive set of rules that was the result of an unprecedented multilateral negotiation process: the Third United Nations Conference on the Law of the Sea (1973–1982). The focus of this article is on the adjudication of sea-related disputes in the “new law of the sea.” In an international legal order where access to a judge or an arbitrator requires the consent of both parties to …
Assessing The Legal Framework For Potential U.S. Conflict With China Over Taiwan, Shawn W. Brennan
Assessing The Legal Framework For Potential U.S. Conflict With China Over Taiwan, Shawn W. Brennan
International Law Studies
The People’s Republic of China has clearly stated the importance of resolving the Taiwan question and realizing China’s complete “reunification” to end their century of humiliation. As China grows as the most significant strategic competitor to the United States and develops the military capability to force the issue, understanding what legal authorities the President may exercise in ordering a response is increasingly urgent. This article reviews the legal authorities for the use of force by the United States and examines the contours of the President’s authorities and where they intersect with Congress’s authorities. Through various hypothetical scenarios involving attempts by …
Article 76 Of The Un Convention On The Law Of The Sea: Parties And Non-Parties, Kevin A. Baumert
Article 76 Of The Un Convention On The Law Of The Sea: Parties And Non-Parties, Kevin A. Baumert
International Law Studies
One of the foremost contributions of the UN Convention on the Law of the Sea is its Article 76 pertaining to the continental shelf. Article 76 defines the continental shelf and sets forth detailed rules for determining its outer limits. It also introduces the Commission on the Limits of the Continental Shelf, one of the three institutions created by the Convention. This article addresses the universality of Article 76, in particular the degree to which its provisions are legally applicable to all States, including non-parties to the Convention. In doing so, the article considers the recent jurisprudence of the International …
Reflections On Reading, The U.S. Naval War College
Reflections On Reading, The U.S. Naval War College
Naval War College Review
No abstract provided.
In My View, Thomas Wildenberg, Sam J. Tangredi, Robert C. Rubel
In My View, Thomas Wildenberg, Sam J. Tangredi, Robert C. Rubel
Naval War College Review
No abstract provided.
Admiral Gorshkov: The Man Who Challenged The U.S. Navy, Richard Norton, Norman Polmar, Thomas A. Brooks, George E. Fedoroff
Admiral Gorshkov: The Man Who Challenged The U.S. Navy, Richard Norton, Norman Polmar, Thomas A. Brooks, George E. Fedoroff
Naval War College Review
No abstract provided.
Imperial Twilight: The Opium War And The End Of China’S Last Golden Age, Benjamin E. Mainardi, Stephen R. Platt
Imperial Twilight: The Opium War And The End Of China’S Last Golden Age, Benjamin E. Mainardi, Stephen R. Platt
Naval War College Review
No abstract provided.
On Operations: Operational Art And Military Disciplines, Edmund B. Hernandez, B. A. Friedman
On Operations: Operational Art And Military Disciplines, Edmund B. Hernandez, B. A. Friedman
Naval War College Review
No abstract provided.
Restoring Thucydides: Testing Familiar Lessons And Deriving New Ones, Joshua Hammond, Andrew R. Novo, Jay M. Parker
Restoring Thucydides: Testing Familiar Lessons And Deriving New Ones, Joshua Hammond, Andrew R. Novo, Jay M. Parker
Naval War College Review
No abstract provided.
Military Virtues, Edward Erwin, Michael Skerker, David Whetham, Don Carrick
Military Virtues, Edward Erwin, Michael Skerker, David Whetham, Don Carrick
Naval War College Review
No abstract provided.
Innovating Victory: Naval Technology In Three Wars, Timothy J. Demy, Vincent P. O’Hara, Leonard R. Heinz
Innovating Victory: Naval Technology In Three Wars, Timothy J. Demy, Vincent P. O’Hara, Leonard R. Heinz
Naval War College Review
No abstract provided.
Phase Line Attila: The Amphibious Campaign For Cyprus, 1974, Chris Deliso, Edward J. Erickson, Mesut Uyar
Phase Line Attila: The Amphibious Campaign For Cyprus, 1974, Chris Deliso, Edward J. Erickson, Mesut Uyar
Naval War College Review
No abstract provided.
How The Weak Can Beat The Strong In War At Sea, Dustin J. Nicholson Usmc
How The Weak Can Beat The Strong In War At Sea, Dustin J. Nicholson Usmc
Naval War College Review
Modern asymmetric naval technologies have not erased the effects of geography. As fortress fleets evolved from dominating harbors to dominating near-sea expanses, weaker naval powers continued to blend the land with the sea to overcome their relative weakness. In response, the stronger naval power must stand ready to win command of the sea through an equally blended strategy.
Mission Command In The Age Of Sail, Josh Weiss U.S. Navy
Mission Command In The Age Of Sail, Josh Weiss U.S. Navy
Naval War College Review
This article develops an analytical framework for mission command; proposes the full age of sail as an area for current military officers to mine for relevant lessons; and examines, through the mission-command lens, a case study from that era, involving a dispute between the British naval and land-force commanders in the Caribbean during the Hundred Days of Napoléon Bonaparte.
Russia’S Twenty-First-Century Naval Strategy—Combining Admiral Gorshkov With The Jeune École, Johannes Riber Royal Danish Navy
Russia’S Twenty-First-Century Naval Strategy—Combining Admiral Gorshkov With The Jeune École, Johannes Riber Royal Danish Navy
Naval War College Review
Both France after the Franco-Prussian War and post-Soviet Russia found themselves squeezed in multipolar worlds, with poor economies and loss of industrial power. Alongside Admiral Gorshkov’s continuing influence, modern Russian naval thinking has evolved toward an emphasis on smaller surface units with advanced capabilities—similar to the Jeune École concept—with implications for Western naval planning.
The Imperative Of Political Navigation—India’S Strategy In The Indian Ocean And The Logic Of Indo-U.S. Strategic Partnership, Yogesh Joshi Institute Of South Asian Studies, National University Of Singapore
The Imperative Of Political Navigation—India’S Strategy In The Indian Ocean And The Logic Of Indo-U.S. Strategic Partnership, Yogesh Joshi Institute Of South Asian Studies, National University Of Singapore
Naval War College Review
The dissonance between the positions of India’s Nehruvian strategic community and of the Indian strategic establishment, especially regarding the freedom-of-navigation operations the U.S. Navy long has conducted in India’s exclusive economic zone, is rooted in realpolitik considerations, especially China’s rise as a great power, and the difference between international law and politics.
U.S. Maritime Strategy In The Arctic—Past, Present, And Future, James G. Foggo Iii, Rachael Gosnell
U.S. Maritime Strategy In The Arctic—Past, Present, And Future, James G. Foggo Iii, Rachael Gosnell
Naval War College Review
Warming waters and melting sea ice will create new challenges off our northern shores, and the Navy and Marine Corps must be prepared to provide a presence in the Arctic that will ensure peace and prosperity in the face of aggressive Russian militarization and expanding Chinese interest. Lessons from America’s Arctic past can illuminate what needs to be done.
President's Forum, Shoshana Chatfield Rear Admiral, U.S. Navy, President, Naval War College
President's Forum, Shoshana Chatfield Rear Admiral, U.S. Navy, President, Naval War College
Naval War College Review
No abstract provided.
From The Editors, Robert Ayer
Summer 2022 Full Issue, The U.S. Naval War College
Summer 2022 Full Issue, The U.S. Naval War College
Naval War College Review
No abstract provided.
The Impacts Of Sea Level Rise And The Law Of The Sea Convention: Facilitating Legal Certainty And Stability Of Maritime Zones And Boundaries, Davor Vidas, David Freestone
The Impacts Of Sea Level Rise And The Law Of The Sea Convention: Facilitating Legal Certainty And Stability Of Maritime Zones And Boundaries, Davor Vidas, David Freestone
International Law Studies
It seems clear that the impacts of sea level rise were not contemplated by the drafters of the 1982 Law of the Sea Convention during UNCLOS III. Legal scholars began to identify these issues in the early 1990s but the establishment and work of the International Law Association (ILA) Committee on International Law and Sea Level Rise has drawn increased attention to the importance of this issue that is now being considered by a Study Group of the International Law Commission. This article traces the remarkable and swift evolution over the last decade of State practice on the interpretation of …
Reflecting On Unclos Forty Years Later: What Worked, What Failed, Raul (Pete) Pedrozo
Reflecting On Unclos Forty Years Later: What Worked, What Failed, Raul (Pete) Pedrozo
International Law Studies
The United Nations Convention on the Law of the Sea (UNCLOS) was opened for signature on December 10, 1982, after nine years of painstaking debate. Hailed as “A Constitution for the Oceans,” the Convention was immediately signed by 119 States, a remarkable number given the contentious and complex nature of the negotiations, and today has 168 parties. The intent of the Conference that drafted the treaty was to produce a comprehensive and universally accepted convention covering every aspect of the uses and resources of the oceans that would stand the test of time. This article analyzes the various provisions of …
The Fortieth Anniversary Of The United Nations Convention On The Law Of The Sea, Bernard H. Oxman
The Fortieth Anniversary Of The United Nations Convention On The Law Of The Sea, Bernard H. Oxman
International Law Studies
The UN Convention on the Law of the Sea opened for signature on December 10, 1982. In commemoration of this important date, International Law Studies opens its 40th Anniversary Forum with this keynote compendium essay from Bernard Oxman.
"The most basic object of the U.N. Convention on the Law of the Sea was to replace a system of conflicting unilateral claims of right with global agreement on the rules of the law of the sea and the process for their implementation, interpretation, and application. That remains the Convention’s most significant contribution to the rule of law in international affairs. Its …
The Legal Framework Applicable To Intrusive Intelligence, Surveillance, And Reconnaissance Operations In The Air And Maritime Domains, Raul (Pete) Pedrozo
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 …
Manual On International Humanitarian Law For The Armed Forces Of The Russian Federation (2002)
Manual On International Humanitarian Law For The Armed Forces Of The Russian Federation (2002)
International Law Studies
A translation of the Manual on International Humanitarian Law for the Armed Forces of the Russian Federation, 2002, by Aleksei Romanovski. This translation was originally published as Appendix 1 in Evan J. Wallach, The Law of War in the 21st Century (2017).
Human Rights Of Conscientious Objectors Vis-À-Vis Armed Non-State Actors And De Facto Authorities, Michael Wiener, Andrew Clapham
Human Rights Of Conscientious Objectors Vis-À-Vis Armed Non-State Actors And De Facto Authorities, Michael Wiener, Andrew Clapham
International Law Studies
This article aims at elucidating the human rights of conscientious objectors to military service and offers detailed substantive guidance for protecting their rights vis-à-vis armed non-State actors and de facto authorities. Persons who live in territory controlled by armed groups or de facto authorities often face human rights protection gaps, for example their freedom of conscientious objection may not be recognized or fully implemented. This article analyzes the practice by international human rights mechanisms in their engagement with de facto authorities in Afghanistan (Taliban), Cyprus (northern part), the Republic of Moldova (Transnistrian region), and Azerbaijan (Nagorno-Karabakh region), along with the …
China Maritime Report No. 24: Incubators Of Sea Power: Vessel Training Centers And The Modernization Of The Plan Surface Fleet, Ryan D. Martinson
China Maritime Report No. 24: Incubators Of Sea Power: Vessel Training Centers And The Modernization Of The Plan Surface Fleet, Ryan D. Martinson
CMSI China Maritime Reports
The People’s Liberation Army Navy (PLAN) is building modern surface combatants faster than any other navy in the world. Before these new ships can be deployed, however, their crews must learn how to effectively operate them across the range of missions for which they were designed. In the PLAN, this “basic training” largely occurs at specialized organizations called Vessel Training Centers (VTCs). Since their creation in 1980, VTCs have played a key role in generating combat power for the fleet. But as China’s naval ambitions have grown, the VTCs have been forced to adapt. Since the early 2000s, and especially …
Some Reflections On The Threshold For International Armed Conflict And On The Application Of The Law Of Armed Conflict In Any Armed Conflict, T.D. Gill
International Law Studies
This essay discusses the threshold of application of international humanitarian law (IHL) in both international (IAC) and non-international armed conflicts (NIAC). In relation to IAC it questions whether the International Committee of the Red Cross (ICRC) “first shot” approach is the most appropriate, since it opens the way for the intensification of conflicts beyond what is necessary in relation to relatively minor armed incidents and argues that the humanitarian protection clauses of IHL should be separated from the rules governing hostilities and makes a case for the application of ad bellum considerations of necessity and proportionality to act as a …
Proportionality: Reconsidering The Application Of An Established Principle In International Law, Rüdiger Wolfrum
Proportionality: Reconsidering The Application Of An Established Principle In International Law, Rüdiger Wolfrum
International Law Studies
Traditionally, the principle of proportionality is defined as limiting State action to rational and reasonable means with the view to achieve a goal permissible under international law without unduly encroaching on the protected rights of another State, States, or individuals. The principle applies to the planning, as well as the implementation, of State activities. The application of the principle of proportionality is common in national constitutional and administrative law. A vast national jurisprudence exists in this regard. However, due to the plurality of approaches in the various national legal systems, it is hardly possible to draw any general legal conclusions …
China Maritime Report No. 23: The Type 075 Lhd: Development, Missions, And Capabilities, Conor M. Kennedy, Daniel Caldwell
China Maritime Report No. 23: The Type 075 Lhd: Development, Missions, And Capabilities, Conor M. Kennedy, Daniel Caldwell
CMSI China Maritime Reports
When the People’s Liberation Army Navy (PLAN) commissioned its first Type 075 class Landing Helicopter Dock (LHD) in April 2021, it represented an important advance in power projection capability for China’s maritime forces. For the first time, the PLAN had an amphibious warship capable of hosting significant rotary wing forces while acting as the flagship for an amphibious task force. Now with three Type 075 class ships either in or soon to be in service, the PLAN has expanded its amphibious capability even further. The Type 075’s dedicated aviation support capability, ability to conduct wet well operations, and expanded command …