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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

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

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

Naval War College Review

No abstract provided.

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

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

Naval War College Review

No abstract provided.

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

Naval War College Review

No abstract provided.

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

Naval War College Review

No abstract provided.

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

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

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

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

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

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

Naval War College Review

No abstract provided.

From The Editors, Robert Ayer

Naval War College Review

No abstract provided.

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

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

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

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

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)

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

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 …

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

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 …

The Legal Requirement For Command And The Future Of Autonomous Military Platforms, Rain Liivoja, Eve Massingham, Simon Mckenzie

International Law Studies

Technologically advanced armed forces extensively use platforms that can be controlled remotely and do not require an on-board crew. Increasingly, these systems have the capacity to function with some degree of autonomy. The use of autonomous functionality is not specifically prohibited or regulated by the law of armed conflict but the use of autonomous functions in military systems remains governed by the general principles and rules of international law.

One existing international law concept may constrain the use of autonomous capabilities in military vessels and aircraft. This is the notion that military units must be “under the command” of an …

Intelligence Collection And The International Law Of The Sea, James Kraska

International Law Studies

This article explores the legal implications of intelligence collection operations at sea. It concludes that in terms of the international law of the sea, intelligence collection that occurs outside of the territorial sea is lawful. Furthermore, even intelligence collection by a foreign ship inside the territorial sea, while a violation of State sovereignty, may not violate the law of the sea, per se. Additionally, within the territorial sea, coastal States are limited in the measures they may take against foreign-flagged submarines and surface warships collecting intelligence since those activities do not constitute an armed attack or even the use of …