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Articles 1 - 30 of 959
Full-Text Articles in Law
Unclos And The Law Of Occupation: On The Rights And Duties Of Occupying States In Maritime Areas, Louis M. Monroy
Unclos And The Law Of Occupation: On The Rights And Duties Of Occupying States In Maritime Areas, Louis M. Monroy
International Law Studies
As of today, the framework of ocean governance of coastal maritime areas created by the United Nations Convention on the Law of the Sea (UNCLOS) is well understood and accepted by the international community. However, there are large and important areas of ocean space around the world that are subject to a more nuanced framework of interrelated norms. These are maritime areas that have come under the effective control of occupying States, often through the use of force. As such, the legal framework applicable to these maritime areas is that of the law of occupation. Nevertheless, because of the specificities …
Cyberspace And The Jus Ad Bellum: The State Of Play, Michael N. Schmitt, Anusha S. Pakkam
Cyberspace And The Jus Ad Bellum: The State Of Play, Michael N. Schmitt, Anusha S. Pakkam
International Law Studies
This article examines how States are interpreting one aspect of the international law governing cyber activities, the jus ad bellum. The article focuses on two issues: (1) the prohibition on the use of force found in Article 2(4) of the UN Charter, and (2) the right of self-defense in Article 51. The critical unsettled question regarding the first issue is the threshold at which a hostile cyber operation can be characterized as a “use of force” subject to the prohibition of Article 2(4). Concerning the second issue, a number of unresolved questions plague the application of the right of …
Annotated Supplement To The Commander's Handbook On The Law Of Naval Operations
Annotated Supplement To The Commander's Handbook On The Law Of Naval Operations
International Law Studies
The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …
Chapter 2: International Status And Navigation Of Military Vessels And Military Aircraft
Chapter 2: International Status And Navigation Of Military Vessels And Military Aircraft
International Law Studies
The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …
Chapter 3: Protection Of Persons And Property At Sea And Maritime Law Enforcement
Chapter 3: Protection Of Persons And Property At Sea And Maritime Law Enforcement
International Law Studies
The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …
Chapter 4: Safeguarding U.S. National Interests In The Maritime Environment
Chapter 4: Safeguarding U.S. National Interests In The Maritime Environment
International Law Studies
The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …
Chapter 1: Legal Divisions Of The Oceans And Airspace
Chapter 1: Legal Divisions Of The Oceans And Airspace
International Law Studies
The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …
Chapter 10: Chemical, Biological, Radiological, And Nuclear Weapons
Chapter 10: Chemical, Biological, Radiological, And Nuclear Weapons
International Law Studies
The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …
Chapter 11: Treatment Of Detained Persons
Chapter 11: Treatment Of Detained Persons
International Law Studies
The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …
Chapter 12: Deception During Armed Conflict
Chapter 12: Deception During Armed Conflict
International Law Studies
The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …
Chapter 8: The Law Of Targeting
Chapter 8: The Law Of Targeting
International Law Studies
The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …
Chapter 9: Conventional Weapons And Weapons Systems
Chapter 9: Conventional Weapons And Weapons Systems
International Law Studies
The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …
Chapter 7: The Law Of Neutrality
Chapter 7: The Law Of Neutrality
International Law Studies
The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …
Chapter 6: Adherence And Enforcement
Chapter 6: Adherence And Enforcement
International Law Studies
The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …
Chapter 5: Principles And Sources Of The Law Of Armed Conflict
Chapter 5: Principles And Sources Of The Law Of Armed Conflict
International Law Studies
The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …
“Unwilling Or Unable”, Lucy V. Jordan
“Unwilling Or Unable”, Lucy V. Jordan
International Law Studies
Critics of the unwilling or unable doctrine suggest that it could undermine the United Nations collective security system and argue that it requires an unacceptable ceding of a State’s territorial sovereignty. Increased reliance on the doctrine following the terrorist attacks of 9/11, particularly in relation to the use of force against ISIL in Syria since 2014, has caused the doctrine to face significant scrutiny. The purpose of this article is to ascertain whether the unwilling or unable doctrine has reached customary international law status. If found to be the case, the doctrine would confirm the right of States to act …
Another Missed Opportunity To Adopt A Universally Accepted Maritime Treaty, Raul (Pete) Pedrozo
Another Missed Opportunity To Adopt A Universally Accepted Maritime Treaty, Raul (Pete) Pedrozo
International Law Studies
In March 2023, an intergovernmental conference adopted the Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ Agreement). Inspired by a resurgence of the New International Economic Order (NIEO), the BBNJ Agreement contains numerous provisions that will have the practical effect of making ratification of the agreement untenable for the industrialized nations. Similar provisions were included in the original Part XI of the United Nations Convention on the Law of Sea (UNCLOS). As a result, industrialized nations refused to sign or …
International Law And Acoustic Antagonism In East Asian Waters, Matt D. Montazzoli, John C. Tramazzo
International Law And Acoustic Antagonism In East Asian Waters, Matt D. Montazzoli, John C. Tramazzo
International Law Studies
This article analyzes a 2023 maritime incident in which the Chinese Navy Ship (CNS) Ningbo employed active sonar in the vicinity of His Majesty’s Australian Ship (HMAS) Toowoomba, while knowing that Toowoomba had divers in the water. The Chinese sonar caused injuries to the Australian divers. The article discusses the employment of acoustic devices to cause harm during peacetime and analyzes whether CNS Ningbo’s actions constituted a failure of "due regard" and other applicable legal regimes and norms. The article concludes that CNS Ningbo’s actions were an unlawful use of force and failed to demonstrate due regard, and that …
Recent Developments In The Jurisprudence Concerning The Delimitation Of The Continental Shelf Beyond 200 Nautical Miles: Analysis Of The Mauritius/Maldives And Nicaragua V. Colombia Cases, Yoshifumi Tanaka
International Law Studies
This article examines recent developments in the jurisprudence related to the delimitation of the continental shelf beyond 200 nautical miles by analyzing the Mauritius/Maldives and Nicaragua v. Colombia cases. The ITLOS Special Chamber in Mauritius/Maldives did not delimit the continental shelf beyond 200 nautical miles due to applying the standard of “significant uncertainty.” In this regard, the scope of and criterion for the standard of “significant uncertainty” merit discussion. The ICJ, in Nicaragua v. Colombia, identified a rule of customary international law that the continental shelf of a State beyond 200 nautical miles may not extend within 200 nautical miles …
Protecting The Free Flow Of Commerce From Houthi Attacks Off The Arabian Peninsula, Raul (Pete) Pedrozo
Protecting The Free Flow Of Commerce From Houthi Attacks Off The Arabian Peninsula, Raul (Pete) Pedrozo
International Law Studies
This article reviews recent maritime incidents involving Houthi missile and drone attacks on commercial shipping and foreign warships off the Arabian Peninsula, purportedly in response to the Israeli military operations in Gaza following the October 7, 2023, Hamas-led attack that killed over 1,300 Israeli civilians. The article discusses the legality of the U.S. response to those incidents, including U.S. counter-piracy operations and the right of unit and collective self-defense. The article also discusses whether the United States should consider conducting land-based attacks on Houthi missile and drone sites in Yemen under the principle of self-help to preempt further attacks on …
Naval War College Situation: Conflict In Gregoria And Tanaka: The Law Of Targeting, Project Director: Michael N. Schmitt
Naval War College Situation: Conflict In Gregoria And Tanaka: The Law Of Targeting, Project Director: Michael N. Schmitt
International Law Studies
This article addresses complex law of armed conflict (LOAC) issues posed by a scenario with eight “situations” examined during a tabletop workshop conducted by the U.S. Naval War College’s Stockton Center for International Law. Participants included judge advocates from the United States and uniformed legal advisors from Israel, the Netherlands, and the United Kingdom, all of whom had extensive experience providing legal advice on targeting. Also included were academics with particular expertise in the law of armed conflict. The situations were drafted to reflect situations some of the participants had faced in international or non-international armed conflict.
The scenario involves …
Manifestly Unlawful: Why Russian Military Commanders Must Disobey A Nuclear Launch Order Against Ukraine, Christopher J. Hart
Manifestly Unlawful: Why Russian Military Commanders Must Disobey A Nuclear Launch Order Against Ukraine, Christopher J. Hart
International Law Studies
Applying the international legal framework governing the use of nuclear weapons to the facts of the war in Ukraine leads to a clear answer to the question of whether the use of nuclear weapons in Ukraine by Russia would be legal. While the 1996 International Court of Justice Advisory Opinion on the Threat or Use of Nuclear Weapons did not conclusively decide whether the use of nuclear weapons was per se illegal, by applying the legal framework articulated by the International Court of Justice to the facts of Russia’s war against Ukraine it is clear that any conceivable use of …
Equitable Considerations In The Delimitation Of The Continental Shelf, Murat Sümer
Equitable Considerations In The Delimitation Of The Continental Shelf, Murat Sümer
International Law Studies
The delimitation of the continental shelf is often regarded as one of the most controversial inter-State delimitation disputes due to the significant advantages it can offer to coastal States. Since the conception of the continental shelf regime, i.e., the 1945 Truman Proclamation, equitable considerations have been central to the delimitation of this zone, which has been consistently reflected in the jurisprudence and in UNCLOS.
As an umbrella instrument with a framework character, UNCLOS usually suffices to stipulate the fundamental norms and principles. This was also the case for the delimitation of the continental shelf. Article 83, whilst not prescribing a …
Earth’S First Line Of Defense: Establishing Celestial Body-Based Planetary Defense Systems, Yang Liu
Earth’S First Line Of Defense: Establishing Celestial Body-Based Planetary Defense Systems, Yang Liu
International Law Studies
This article discusses legal issues related to the establishment and use of celestial body-based planetary defense systems (CBPDS). It first finds that the application of current international space law to analyze the lawfulness of CBPDS can lead to many ambiguities. Accordingly, this article proposes a new construction of Article IV of the Outer Space Treaty to balance the need to develop celestial body-based planetary defense capacities and the risk of militarization of outer space. According to this article’s approach, neither the “exclusively for peaceful purposes” clause nor the clause prohibiting “military bases, installations and fortifications” on the moon and other …
Awakening The Law Of Contraband In The Russia-Ukraine Conflict, Martin Fink
Awakening The Law Of Contraband In The Russia-Ukraine Conflict, Martin Fink
International Law Studies
Following the collapse of the Black Sea Grain Initiative, both Russia and Ukraine announced measures against shipping that may have introduced counter-contraband operations into the maritime dimension of the Russia-Ukraine conflict. The law of contraband, which is at the heart of the law of naval warfare, regulates such operations. The law of contraband has, however, not been often used in current conflicts and some of its details are not crystalized as generally accepted law. Awakening this instrument in the current conflict brings questions for both belligerents and non-State parties, some of whom have adopted a position of qualified neutrality that …
Law Enforcement Measures Against Chinese Maritime Militia, Kentaro Furuya
Law Enforcement Measures Against Chinese Maritime Militia, Kentaro Furuya
International Law Studies
This article undertakes a comprehensive legal assessment of Chinese maritime militia vessels and their operations, employing a law enforcement perspective as the analytical lens. During peacetime, those vessels engage in fishing and low-intensity military activities but during armed conflict they transition to tasks like reconnaissance. Notably, these maritime militias are frequently deployed in what is commonly termed as "gray zone" scenarios, which lack a clearly defined designation as either peacetime or armed conflict. Their principal objective lies in asserting territorial claims without resorting to full-scale armed conflict. This article delves into an exploration of the legal status accorded to these …
Japanese Legal Challenges In Rescuing Nationals Abroad, Yurika Ishii
Japanese Legal Challenges In Rescuing Nationals Abroad, Yurika Ishii
International Law Studies
This article explains Japanese legal challenges in rescuing its nationals abroad and analyzes the mechanisms that limit Japanese Self-Defense Force responses to potential crises. The scope of analysis encompasses Japan’s national security laws, defense policies, and engagement in bilateral and multilateral cooperation. It provides noncombatant evacuation operation case studies to explore collaboration between the rescuing State, the host State, and third parties.
The article outlines Japanese laws and policies regarding the Self Defense Force’s mandate to rescue Japanese nationals abroad. It focuses on details of current legislation that provide authority and limitations for the operation. It will also track the …
Does International Humanitarian Law Confer Undue Legitimacy On Violence In War?, Kieran R.J. Tinkler
Does International Humanitarian Law Confer Undue Legitimacy On Violence In War?, Kieran R.J. Tinkler
International Law Studies
International humanitarian law is lauded as a civilizing force that seeks to limit the effects of war for humanitarian reasons. There is, however, an increasing sense that IHL has facilitated rather than restrained military operations by conferring undue legitimacy on violence in war. This article focuses on the nature of the relationship between legitimacy and IHL to ascertain whether this is indeed the case. It concludes that, while IHL alone cannot confer "normative legitimacy" on battlefield conduct, it does frame "empirical legitimacy." Whether such legitimacy is unwarranted is, ultimately, best judged by reference to morality. Yet insistence on the pre-eminence …
China’S New Law On Foreign Relations: Transforming The Rules-Based International Order With Chinese Characteristics, Raul (Pete) Pedrozo
China’S New Law On Foreign Relations: Transforming The Rules-Based International Order With Chinese Characteristics, Raul (Pete) Pedrozo
International Law Studies
In 2023 China adopted a comprehensive Law on Foreign Relations. Although the law is intended to shape China’s diplomatic relations and its cultural, economic, and other exchanges, as well as China’s relations with the United Nations and other international organizations, implementation of the law will be guided by (inter alia) Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. The law makes clear that China’s foreign relations will be conducted to uphold its system of socialism with Chinese characteristics, safeguard its sovereignty, unification and territorial integrity, and promote its economic and social development. This revisionist “rule by …
The Legal Boundaries Of (Digital) Information Or Psychological Operations Under International Humanitarian Law, Tilman Rodenhäuser
The Legal Boundaries Of (Digital) Information Or Psychological Operations Under International Humanitarian Law, Tilman Rodenhäuser
International Law Studies
“Information operations” or “psychological operations” have long been part of armed conflicts. Among Western militaries, they are commonly understood as the employment of communication or other means to influence the views, attitudes, or behavior of adversaries or civilian populations to achieve political and military objectives. Chinese military strategy describes “psychological offense and defense” as “a combat action that uses specific information and media to influence the psychology and behavior of the target object through rational propaganda, deterrence and emotional guidance based on strategic intentions and combat missions.” Likewise, Russian military doctrine elaborates on concepts such as “psychological warfare” and on …