U.S. Naval War College
U.S. Naval War College
Barry University
University of San Diego
Intelligence Collection And The International Law Of The Sea,
2022
U.S. Naval War College
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 ...
Bristol And Newport And The Transatlantic Slave Trade 09-01-2022,
2022
Roger Williams University
Bristol And Newport And The Transatlantic Slave Trade 09-01-2022, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Neutral State Access To Ukraine’S Food Exports,
2022
U.S. Naval War College
Neutral State Access To Ukraine’S Food Exports, James Kraska
International Law Studies
This article originally appeared in Articles of War, the online publication of the Lieber Institute at the U.S. Military Academy, May 18, 2022, https://lieber.westpoint.edu/neutral-state-access-ukraines-food-exports/.
Maritime Exclusion Zones In Armed Conflicts,
2022
U.S. Naval War College
Maritime Exclusion Zones In Armed Conflicts, Raul (Pete) Pedrozo
International Law Studies
This article originally appeared in Articles of War, the online publication of the Lieber Institute at the U.S. Military Academy, Apr. 12, 2022, https://lieber.westpoint.edu/maritime-exclusion-zones-armed-conflicts/.
Arctic Navigation And Climate Change: Projections From Science For The Law Of The Sea,
2022
U.S. Naval War College
Arctic Navigation And Climate Change: Projections From Science For The Law Of The Sea, Charles H. Norchi, Amanda H. Lynch
International Law Studies
The most variable climate conditions on the planet are observable in the Arctic. These conditions affect all forms of life, including the human interactions and social processes that generate law. Among the critical activities affected by climate is navigation, which is subject to national regulations, general maritime laws, and the international law of the sea. As a result of anthropogenic climate change, Arctic climate variability is already moving the system into states that humans in the Industrial Era have not experienced. Most critically, while the end point of unfettered climate change as manifest in the Arctic – an ice-free ocean – is ...
Upaya Pemerintah Terhadap Perlindungan Ekspresi Budaya Tradisional Batik Motif Parang Sebagai Warisan Budaya Dunia,
2022
Universitas Indonesia
Upaya Pemerintah Terhadap Perlindungan Ekspresi Budaya Tradisional Batik Motif Parang Sebagai Warisan Budaya Dunia, Raden Zulfikar Supinarko Putra
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Abstract
Batik is not just a design on a piece of cloth, more than that, batik is a soul that blends in the procession of Indonesian society. Since the baby has been carried with a batik cloth, weddings wear batik cloth until when they die they will be covered with batik cloth too usually. This fact become a consideration for UNESCO to establish Indonesian Batik as a Masterpieces of the Oral and Intangible Heritage of Humanity in the Fourth Session of The Intergovernmental Committee. This research uses a normative legal research method that is descriptive and analytical using a statutory ...
Perbedaan Akad Wakalah Bil Ujrah Dan Akad Qard Terhadap Permasalahan Akad Pembelian Barang Dalam Kehidupan Sehari-Hari,
2022
Universitas Indonesia
Perbedaan Akad Wakalah Bil Ujrah Dan Akad Qard Terhadap Permasalahan Akad Pembelian Barang Dalam Kehidupan Sehari-Hari, Zendy Sellyfio Ardiana
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Abstract
The wakalah bil ujrah and qard contract are contracts that often cause difficulties in implementing the purchase of goods in everyday life, both in safekeeping for purchasing goods and for buying and selling in general. Where if it is wrong in its application, it can cause income in a sale and purchase to be haraam due to an error in understanding the contract used and not describing benefit as the core of maqashid al-sharia which has an important role in determining Islamic law. The purpose of this paper is to find out how the solution to the application of ...
Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia,
2022
Universitas Indonesia
Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Abstract
Several countries are currently developing a solution to the problem by establishing a particular commission. The commission works outside the courts, parliament and executive. In Indonesia, In Indonesia. The People's Consultative Assembly set a stipulation regarding the establishment of the National Center for Truth and Reconciliation: (NCTR) in 2000. This stipulation has the intent and purpose for national unity to identify existing problems, determine the conditions that must be made in order to achieve national reconciliation and establish policy direction as a guide to carry out the consolidation of unity of a nation. Whereas in South Africa, the ...
Accidents On The High Seas And Flags Of Convenience: Whether The Bbnj Draft Treaty Will Address Insufficient Regulatory Compliance By Open Registry States,
2022
University of Georgia School of Law
Accidents On The High Seas And Flags Of Convenience: Whether The Bbnj Draft Treaty Will Address Insufficient Regulatory Compliance By Open Registry States, Kaitlyn O'Hara
Georgia Journal of International & Comparative Law
No abstract provided.
Enhancing The Security Of Shipping In Southeast Asia: The Relevance Of International Law,
2022
U.S. Naval War College
Enhancing The Security Of Shipping In Southeast Asia: The Relevance Of International Law, Robert Beckman
International Law Studies
This article outlines the principles of international law governing the right to exercise jurisdiction over ships. It then explains the relevance of UN international crimes conventions to the security of commercial ships. These conventions give States parties jurisdiction to arrest persons present in their territory who are alleged to have committed such crimes and an obligation to either prosecute or extradite them. It then explains the measures that have been taken by the International Maritime Organization to enhance the security of commercial shipping, including its Code of Practice on preventing piracy and “armed robbery against ships” and its measures to ...
Maritime Security And Threat Of A Terrorist Attack,
2022
U.N. International Law Commission
Maritime Security And Threat Of A Terrorist Attack, Aniruddha Rajput
Pace International Law Review
The incidents of terrorism have multiplied and so have the routes through which the terrorists reach their targets. There is a threat of a terrorist attack from the sea route aimed at targets on the land. Until now the academic scholarship as well as treaty practice has focused on challenges of terrorism to the safety of navigation rather than terrorist threats originating from the sea. Efforts at treaty making in this direction in the past are inadequate to address the problem. This article analyses the legal framework within which response may be undertaken to neutralize a terrorist threat through preventive ...
Australia’S Maritime Security Challenges: Juggling International Law And Informal Agreements In An International Rules-Based Order,
2022
U.S. Naval War College
Australia’S Maritime Security Challenges: Juggling International Law And Informal Agreements In An International Rules-Based Order, Natalie Klein
International Law Studies
Australia has voiced its commitment to the “rules-based order” since 2008 and the rules-based order has become a touchpoint of both Australian defense and foreign policy. Australia has also voiced its commitment to international law, particularly the UN Convention on the Law of the Sea, to meet challenges to the maritime rules-based order, including in the South and East China Seas. References to international law have often been bundled in or left adjacent to the rules-based order and the two terms are not synonymous. This article discusses the role of international law in the rules-based order as it relates to ...
Venezuela’S Excessive Maritime Claims,
2022
U.S. Southern Command
Venezuela’S Excessive Maritime Claims, Office Of The Staff Judge Advocate
International Law Studies
No abstract provided.
Maritime Counter-Narcotics Agreements,
2022
U.S. Southern Command
Maritime Counter-Narcotics Agreements, Office Of The Staff Judge Advocate
International Law Studies
No abstract provided.
China’S Iuu Fishing Fleet: Pariah Of The World’S Oceans,
2022
U.S. Naval War College
China’S Iuu Fishing Fleet: Pariah Of The World’S Oceans, Raul (Pete) Pedrozo
International Law Studies
The leading global maritime security threat today is illegal, unreported, and unregulated (IUU) fishing. Left unchecked, IUU fishing exacerbates the depletion of fish stocks, thereby contributing to global geo-political instability by increasing tension among competing distant water fishing fleets, threatening the sustainability of coastal States’ fisheries, and damaging fragile ecosystems. This article reviews the regulatory framework applicable to IUU fishing. It then discusses China’s predatory fishing practices in various regions of the world. The article then examines the principle of exclusive flag State jurisdiction on the high seas and suggests that Chinese distant water fishing vessels that change their ...
Endnotes,
2022
American University Washington College of Law
Climate Migration Beyond The Refugee Framework: Creating Bridges Between Human Rights And International Climate Law,
2022
American University Washington College of Law
Climate Migration Beyond The Refugee Framework: Creating Bridges Between Human Rights And International Climate Law, Mara Elisa Andrade
Sustainable Development Law & Policy
No abstract provided.
Accounting For Climate Change In United States Regional Ocean Planning: Comparing The Obama And Trump National Ocean Policies To A Climate-Forward Approach,
2022
American University Washington College of Law
Accounting For Climate Change In United States Regional Ocean Planning: Comparing The Obama And Trump National Ocean Policies To A Climate-Forward Approach, Taylor Goelz
Sustainable Development Law & Policy
No abstract provided.
Swallowing The Rule: Why Ferc’S “Immediate Need Exemption” Frustrates Competitive And Climate-Smart Electricity Sector Transmission Planning Under Order No. 1000,
2022
American University Washington College of Law
Swallowing The Rule: Why Ferc’S “Immediate Need Exemption” Frustrates Competitive And Climate-Smart Electricity Sector Transmission Planning Under Order No. 1000, Philip Killeen
Sustainable Development Law & Policy
No abstract provided.
“At What Cost?’: The Future Of Securities Enforcement In Climate Change Litigation,
2022
American University Washington College of Law
“At What Cost?’: The Future Of Securities Enforcement In Climate Change Litigation, Angela Washington
Sustainable Development Law & Policy
No abstract provided.
