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Articles 1 - 8 of 8
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Is A South China Sea Code Of Conduct Viable?, Raul (Pete) Pedrozo
Is A South China Sea Code Of Conduct Viable?, Raul (Pete) Pedrozo
International Law Studies
For over twenty years, the People’s Republic of China (PRC) has stonewalled efforts by the Association of Southeast Asian Nations (ASEAN) to negotiate a binding Code of Conduct that would form the basis for a peaceful and durable solution to the territorial and maritime disputes in the South China Sea (SCS). At the same time, the PRC engaged in a series of malign activities, to include the militarization of several reclaimed artificial islands, that have forever changed the landscape and status quo of the SCS. In 2020, the PRC unexpectedly called on ASEAN to resume the negotiations as soon as …
U.S. Recognition Of Japanese Sovereignty Over The Senkaku Islands, Raul (Pete) Pedrozo
U.S. Recognition Of Japanese Sovereignty Over The Senkaku Islands, Raul (Pete) Pedrozo
International Law Studies
Every U.S. administration from Truman to Kennedy recognized Japanese residual sovereignty over the Senkaku Islands. U.S. policy changed, however, to one of neutrality under the Nixon administration during the negotiations of the Okinawa Reversion Treaty. The change in policy was not based on a belief that Japan did not retain sovereignty over the islands, but rather was done to appease the Republic of China over its impending expulsion from the United Nations and to break an impasse of the ongoing textile negotiations with Taipei. The administration’s overtures to China, culminating in Nixon’s visit to China contributed to the decision. Since …
Ukraine V. The Russian Federation: Navigating Conflict Over Sovereignty Under Unclos, NilüFer Oral
Ukraine V. The Russian Federation: Navigating Conflict Over Sovereignty Under Unclos, NilüFer Oral
International Law Studies
Following Russia’s annexation of Crimea in 2014, or according to Russia, its accession following a referendum, Ukraine brought several international cases against the Russian Federation, including two cases under Annex VII of UNCLOS: The Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait in 2016 and The Detention of Three Ukrainian Naval Vessels in 2019. At the center of these disputes is the conflict between Ukraine and Russia over sovereignty of Crimea. Russia contested jurisdiction in all cases invoking different exceptions under UNCLOS, including the argument that the dispute concerns sovereignty over Crimea and …
Maritime Police Law Of The People’S Republic Of China, Raul (Pete) Pedrozo
Maritime Police Law Of The People’S Republic Of China, Raul (Pete) Pedrozo
International Law Studies
China’s new Maritime Police Law (MPL) purports to regulate the duties of China’s maritime police agencies, including the China Coast Guard, and safeguard China’s sovereignty, security, and rights and interest. The MPL has potentially far-reaching application, as China claims extensive maritime areas off its mainland and in the South China Sea. This expansive application of maritime law enforcement jurisdiction is problematic given that most of China’s maritime claims are inconsistent with international law. To the extent that the MPL purports to assert jurisdiction over foreign flagged vessels in disputed areas or on the high seas, it contravenes international law. Numerous …
Maritime Autonomous Surface Ships: New Possibilities—And Challenges—In Ocean Law And Policy, Joel Coito
Maritime Autonomous Surface Ships: New Possibilities—And Challenges—In Ocean Law And Policy, Joel Coito
International Law Studies
Landmark developments in autonomous vessel technology have the potential to deliver economic, environmental, and security benefits on the world’s oceans. Tempering the promise of that future is the stark reality that maritime autonomous surface ships (MASS) challenge the existing international order of the seas. This article examines the promise and perils of MASS in three areas of enduring significance to commercial vessels, naval forces, and industry regulators: search and rescue (SAR), maritime counterdrug operations, and navigational safety. This article concludes that autonomous vessel technology will lead to a superior global regime for maritime SAR operations, enhanced detection and interdiction of …
Military Activities In The Exclusive Economic Zone, Office Of The Staff Judge Advocate
Military Activities In The Exclusive Economic Zone, Office Of The Staff Judge Advocate
International Law Studies
No abstract provided.
The South China Sea Arbitration Award, Office Of The Staff Judge Advocate
The South China Sea Arbitration Award, Office Of The Staff Judge Advocate
International Law Studies
No abstract provided.
China's Excessive Maritime Claims, Office Of The Staff Judge Advocate
China's Excessive Maritime Claims, Office Of The Staff Judge Advocate
International Law Studies
No abstract provided.