Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

U.S. Naval War College

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 2011 - 2040 of 2827

Full-Text Articles in Entire DC Network

Cmsi Archive Translation: Legal Problems Regarding The Use Of Force In Military Actions At Sea, Lin Tianjie Mar 2017

Cmsi Archive Translation: Legal Problems Regarding The Use Of Force In Military Actions At Sea, Lin Tianjie

CMSI Translations

This article analyzes the use of force, differentiating between military force (prohibited in principle, allowed in exceptions like self-defense) and law enforcement force (allowed in principle, but strictly regulated). It asserts that actions of a military character, even if disguised as law enforcement (such as in the Diaoyu Islands dispute or against foreign military vessels), should be categorized as military activities to ensure strict regulation of the use of force. Procedures must follow graduated steps: query, warning, warning shots, and actual use of force. Limitations on force must adhere to the principles of necessity, proportionality, and distinction.

Go to article

Cmsi Archive Translation: Tasks And Operations Of The Maritime Militia When Participating In Maritime Combat, Liu Zili, Chen Qingsong Mar 2017

Cmsi Archive Translation: Tasks And Operations Of The Maritime Militia When Participating In Maritime Combat, Liu Zili, Chen Qingsong

CMSI Translations

This paper outlines the missions of the maritime militia in front-line maritime combat, which are vital given the complex maritime security situation. The militia's functions include conducting maritime guerrilla warfare, such as reconnaissance, early warning, creating obstacles (e.g., sea mines and fishing nets), and capturing enemy personnel. A key directive is organizing and executing "Three Warfares" missions at sea (public opinion warfare, psychological warfare, and legal warfare), which supports combat operations by engaging in legal conflict and undermining enemy morale.

Go to article

Cmsi Archive Translation: Prc Coast Guard Law (Draft), Standing Committee Of The National People’S Congress Mar 2017

Cmsi Archive Translation: Prc Coast Guard Law (Draft), Standing Committee Of The National People’S Congress

CMSI Translations

This draft legislation defines the China Coast Guard Bureau (CCGB) as an important maritime armed force and the unified state administrative law enforcement body responsible for safeguarding national sovereignty and maritime rights and interests. It grants the CCGB comprehensive law enforcement duties, including security, customs, and environmental protection. Key powers include the authority to take measures such as detention, forcible eviction, or forcible towing of foreign vessels illegally entering China's internal waters or territorial sea. The draft explicitly authorizes the CCGB to use weapons to stop unlawful infringements and permits the forcible dismantling of foreign-constructed buildings or structures.

Go to article

Cmsi Archive Translation: Grasp The New Features Of Escort Missions And Strengthen The Effectiveness Of Political Work, Wang Zhanwu Mar 2017

Cmsi Archive Translation: Grasp The New Features Of Escort Missions And Strengthen The Effectiveness Of Political Work, Wang Zhanwu

CMSI Translations

This article focuses on strengthening political work during naval escort missions, emphasizing the need for Party leadership and strict discipline in the far seas. Task forces must be focused on war preparation, integrating political plans with contingency plans for handling provocations and harassment. Strict control over internet use is mandated, especially when berthed in Djibouti or transiting straits, to prevent leaks and the posting of inappropriate remarks. Far-seas task forces are directed to conduct exploratory practices in the organization and execution of public opinion warfare, psychological warfare, and legal struggle.

Go to article

Cmsi Archive Translation: Hainan Passes Regulation Allowing Detention Of Foreign Ships That Illegally Land On Islands Within Its Jurisdiction, Wu Shengjing Mar 2017

Cmsi Archive Translation: Hainan Passes Regulation Allowing Detention Of Foreign Ships That Illegally Land On Islands Within Its Jurisdiction, Wu Shengjing

CMSI Translations

This report details the implementation of the Hainan Province Coastal Security Regulation, which grants coastal security authorities in Sansha City powers similar to local police departments for inspection and administration. The regulation mandates strengthening patrols in Sansha City waters to enforce the law and defend national sovereignty. It identifies specific prohibited behaviors for foreign vessels within Hainan’s jurisdiction, such as illegally stopping or anchoring while transiting territorial waters, and grants authorities the power to inspect and administer vessels and crews.

Go to article

Cmsi Archive Translation: An Unforgettable Maritime Contest In The East China Sea: A Partial Account Of The Rights Protection/Law Enforcement Operation Following An Incident Involving The Sinking Of An Unidentified Foreign Vessel In The East China Sea, Liu Zhendong Mar 2017

Cmsi Archive Translation: An Unforgettable Maritime Contest In The East China Sea: A Partial Account Of The Rights Protection/Law Enforcement Operation Following An Incident Involving The Sinking Of An Unidentified Foreign Vessel In The East China Sea, Liu Zhendong

CMSI Translations

This article recounts a 9-month rights protection/law enforcement (维权执法) operation in China's EEZ by China Marine Surveillance (CMS) in 2002, following an incident involving Japan. The operation established the position of CMS as a representative implementer of government functions. Despite significant equipment disparity, CMS successfully asserted China's sovereign rights and jurisdictional rights over the area, compelling Japan to eventually submit to CMS supervision (监管) of its salvage operations. CMS achieved breakthroughs by seizing opportunities, such as collecting evidence on an oil slick or responding to a Chinese fishing vessel, to breach Japan's security perimeter and conduct on-site monitoring.

Go to article

Cmsi Archive Translation: Research On Legal Issues Related To Security And Defense Of China’S Overseas Military Bases, Zou Ligang, Wang Zhangping Mar 2017

Cmsi Archive Translation: Research On Legal Issues Related To Security And Defense Of China’S Overseas Military Bases, Zou Ligang, Wang Zhangping

CMSI Translations

This research addresses the legal issues concerning the security and defense of China’s overseas military support bases, such as the one in Djibouti, which are crucial for achieving "far seas protection". It explores the legal basis for exercising jurisdiction, noting that the host state cedes sovereignty via international agreements. The paper specifically examines foreign reconnaissance near the base by military frogmen or surveillance aircraft, concluding that such acts match the constituent elements of espionage behavior under PRC laws like the Criminal Law and Anti-Espionage Law. Improving international agreements to clearly define jurisdiction over criminal acts against the base is recommended.

Go to article

Cmsi Archive Translation: A Maritime Legal Contest, Han Yong Mar 2017

Cmsi Archive Translation: A Maritime Legal Contest, Han Yong

CMSI Translations

Focused on the Diaoyu Islands dispute, this article details China’s legal counterattack following a directive to "arm itself with the law". China implemented a "rights protection chain" involving timely legislation (Statement on Territorial Sea Baselines), law enforcement (CMS patrols), and pursuing international validity (filing coordinates with the UN). China's territorial claims are supported by the 1992 PRC Law of the Territorial Sea and Contiguous Zone, which explicitly includes the Diaoyu Islands. The article notes that while China has historical jurisdiction, the increasing international legal trend suggests that the validity of actual control is greater than historical evidence.

Go to article

China Maritime Report No. 1: China’S Third Sea Force, The People’S Armed Forces Maritime Militia: Tethered To The Pla, Conor M. Kennedy, Andrew S. Erickson Mar 2017

China Maritime Report No. 1: China’S Third Sea Force, The People’S Armed Forces Maritime Militia: Tethered To The Pla, Conor M. Kennedy, Andrew S. Erickson

CMSI China Maritime Reports

Amid growing awareness that China’s Maritime Militia acts as a Third Sea Force which has been involved in international sea incidents, it is necessary for decision-makers who may face such contingencies to understand the Maritime Militia’s role in China’s armed forces. Chinese-language open sources reveal a tremendous amount about Maritime Militia activities, both in coordination with and independent of the People’s Liberation Army (PLA). Using well-documented evidence from the authors’ extensive open source research, this report seeks to clarify the Maritime Militia’s exact identity, organization, and connection to the PLA as a reserve force that plays a parallel and supporting …

Go to article

Hm 24: Blue Versus Purple, Hal M. Friedman Jan 2017

Hm 24: Blue Versus Purple, Hal M. Friedman

Historical Monographs

The U.S. Naval War College, the Soviet Union, and the New Enemy in the Pacific, 1946.

Go to article

Russian-Syrian Naval And Air Basing Agreements, 2015-2020, Russia Maritime Studies Institute, Anna Davis, Richard Moss Jan 2017

Russian-Syrian Naval And Air Basing Agreements, 2015-2020, Russia Maritime Studies Institute, Anna Davis, Richard Moss

RMSI Research

Since Moscow’s formal intervention in the Syrian conflict in September 2015, the Russian Federation and the Syrian Arab Republic have concluded a 49-year lease for the use and expansion of the naval base at Tartus, and a separate agreement on stationing the Russian “aviation group” at Humaymim airfield in Syria. These agreements build off longstanding Russian-Syrian ties, treaties, and cooperation agreements, and form the legal basis for Russia’s long-term presence in Syria. Further, the agreements denote the rights and protections Russian military members and contractors enjoy in Syria.

Go to article

Trans-Sahel Armed Groups, Center On Irregular Warfare & Armed Groups Jan 2017

Trans-Sahel Armed Groups, Center On Irregular Warfare & Armed Groups

CIWAG Reading Lists

No abstract provided.

Go to article

The Fundamentals Of The State Policy Of The Russian Federation In The Field Of Naval Operations For The Period Until 2030, Russia Maritime Studies Institute, Anna Davis Jan 2017

The Fundamentals Of The State Policy Of The Russian Federation In The Field Of Naval Operations For The Period Until 2030, Russia Maritime Studies Institute, Anna Davis

RMSI Research

The Fundamentals of the State Policy of the Russian Federation in the Field of Naval Operations for the Period Until 2030 reflects the Russian Federal Navy’s (RFN) improved capabilities, its evolving strategic and operational role, and its future ambitions. Signed on July 20, 2017 by President Vladimir Putin, it provides a series of guideposts for understanding the RFN’s future, as well as broader insight into how Moscow approaches issues of national and international security.

Go to article

Al-Shabaab And Hoa, Center On Irregular Warfare & Armed Groups Jan 2017

Al-Shabaab And Hoa, Center On Irregular Warfare & Armed Groups

CIWAG Reading Lists

No abstract provided.

Go to article

Cmsi Archive Translation: Strategic Strongpoints Along The “Belt And Road” And Building Military Diplomacy, Liu Lin [刘琳} Jan 2017

Cmsi Archive Translation: Strategic Strongpoints Along The “Belt And Road” And Building Military Diplomacy, Liu Lin [刘琳}

CMSI Translations

This article examines the strategic rationale for China’s construction of overseas strongpoints in support of the Belt and Road Initiative, emphasizing the integration of economic, political, and military resources. It argues that strategic strongpoints—such as the naval logistics base in Djibouti—enhance China’s ability to safeguard overseas interests, secure trade and energy routes, and support non-combat operations like anti-piracy, disaster relief, and evacuations. Military diplomacy is highlighted as a critical tool for consolidating these strongpoints, fostering bilateral trust, and managing regional security perceptions without pursuing hegemony. The article underscores the importance of careful host-country selection, civil-military coordination, and sensitivity to reactions …

Go to article

Gray Zones Russia, Center On Irregular Warfare & Armed Groups Jan 2017

Gray Zones Russia, Center On Irregular Warfare & Armed Groups

CIWAG Reading Lists

No abstract provided.

Go to article

Ciwag - Annual Symposium Report - 2017, The U.S. Naval War College Jan 2017

Ciwag - Annual Symposium Report - 2017, The U.S. Naval War College

CIWAG Events

The Center for Irregular Warfare and Armed Groups at the US Naval War College presented its 9th annual symposium, “Rising Tides,” on 27-28 June 2017. Over 80 US and international academics, practitioners, and operators attended to discuss various strategic and operational challenges associated with irregular warfare and armed groups. Attendees also included members from DHS, DIA, NCIS, intelligence agencies, Special Operations Forces, and State Street Bank, Inc.

Go to article

Chemical Weapons And Other Atrocities: Contrasting Responses To The Syrian Crisis, Tim Mccormack Dec 2016

Chemical Weapons And Other Atrocities: Contrasting Responses To The Syrian Crisis, Tim Mccormack

International Law Studies

Why has the use of chemical weapons in Syria engendered such a substantive multilateral response in stark contrast to almost every other egregious international law violation perpetrated against the civilian population? Various theories have been offered but the explanation has little to do with humanitarian concerns for Syrian victims and is more readily explicable by unusual (in the Syrian context) alignment of U.S. and Russian national interests. Bashar al-Assad was convinced to accede to the Chemical Weapons Convention, to surrender his stockpiles of chemical weapons and to co-operate with international investigators deployed under UN Security Council auspices amid a cacophony …

Go to article

Arbitrary Withholding Of Consent To Humanitarian Relief Operations In Armed Conflict, Dapo Akande, Emanuela-Chiara Gillard Nov 2016

Arbitrary Withholding Of Consent To Humanitarian Relief Operations In Armed Conflict, Dapo Akande, Emanuela-Chiara Gillard

International Law Studies

This article examines the requirement under international humanitarian law (IHL) that consent to humanitarian relief operations must not be arbitrarily withheld. It begins with a brief outline of the rules of IHL regulating humanitarian assistance in armed conflict. The article then considers the origin of the rule prohibiting arbitrary withholding of consent to humanitarian relief operations before proceeding to set out the circumstances when consent will be considered to have been withheld arbitrarily under international law. It proposes three tests for arbitrariness in this context, and also examines how international human rights regulates humanitarian assistance in armed conflict.

Go to article

Soldier 2.0: Military Human Enhancement And International Law, Heather A. Harrison Dinniss, Jann K. Kleffner Nov 2016

Soldier 2.0: Military Human Enhancement And International Law, Heather A. Harrison Dinniss, Jann K. Kleffner

International Law Studies

Advances in technologies that could endow humans with physical or mental abilities that go beyond the statistically normal level of functioning are occurring at an incredible pace. The use of these human enhancement technologies by the military, for instance in the spheres of biotechnology, cybernetics and prosthetics, raise a number of questions under the international legal frameworks governing military technology, namely the law of armed conflict and human rights law. The article examines these frameworks with a focus on weapons law, the law pertaining to the detention of and by “enhanced individuals,” the human rights of those individuals and their …

Go to article

Partners And Legal Pitfalls, Brian Finucane Oct 2016

Partners And Legal Pitfalls, Brian Finucane

International Law Studies

Partnered military operations are an increasingly prominent feature of armed conflict and one which presents a distinct set of legal challenges to States assisting partners. This is particularly true of the war in Syria which is characterized both by States working with and through other States and non-State actors and by the widespread violation of the law of armed conflict (LOAC) by many of the parties. This article considers the legal implications of LOAC violations by a party to the conflict for the State or States providing it assistance and identifies risk mitigation measures that assisting States can adopt.

Go to article

Twenty-Second International Seapower Symposium: Report Of The Proceedings, The U.S. Naval War College Sep 2016

Twenty-Second International Seapower Symposium: Report Of The Proceedings, The U.S. Naval War College

International Seapower Symposium

No abstract provided.

Go to article

Syria: Can International Law Cope? Workshop Report, Christopher M. Ford Jun 2016

Syria: Can International Law Cope? Workshop Report, Christopher M. Ford

International Law Studies

The Stockton Center for the Study of International Law at the U.S. Naval War College and the Center for the Rule of Law at the U.S. Military Academy convened a three-day workshop in November 2015. The workshop sought to examine the question posed by its title: Can International Law Cope with the Situation in Syria? It is a question that has ramifications for the viability of international law well beyond the confines of events in Syria. This report surveys the key issues that were raised during the workshop and serves as an introduction to the articles that follow in this …

Go to article

Mapping War Crimes In Syria, Beth Van Schaak Jun 2016

Mapping War Crimes In Syria, Beth Van Schaak

International Law Studies

This article maps the range of war crimes being committed in Syria with reference to the applicable treaty and customary international law and prospects for prosecution. It begins by presenting the international legal framework employed to determine when an armed conflict began in Syria, how this conflict is classified under international law and which multilateral treaties and customary rules are operative. This framework underlies the determination of which war crimes can be prosecuted, which tribunals might have jurisdiction and which perpetrators may be made subject to indictment. The article next focuses on some open legal and factual issues around certain …

Go to article

Japan’S 2015 Security Legislation: Challenges To Its Implementation Under International Law, Hitoshi Nasu Jun 2016

Japan’S 2015 Security Legislation: Challenges To Its Implementation Under International Law, Hitoshi Nasu

International Law Studies

Japan’s new security legislation, enacted on September 30, 2015 amid fierce debate over its constitutionality, is designed to enable a “seamless response” to any security situation that may arise. While public debate has been fixated on the re-interpretation of Article 9 of the Japanese Constitution, which underpins the theoretical foundation of this new legislation, there are also important international law issues that need to be addressed. After briefly reviewing the historical background leading to the adoption of the new security legislation and its contents, this article examines how the Self-Defense Force (SDF) can respond with the use of force to …

Go to article

Exclusion Zones In The Law Of Armed Conflict At Sea: Evolution In Law And Practice, Sandesh Sivakumaran Apr 2016

Exclusion Zones In The Law Of Armed Conflict At Sea: Evolution In Law And Practice, Sandesh Sivakumaran

International Law Studies

This article analyses the changes in the law and practice of exclusion zones in the law of armed conflict at sea. It identifies three principal phases. First, it explores the exclusion zones of the Russo-Japanese War of 1904–1905, which were modest in size and defensive in character. Second, it turns to the exclusion zones of the First World War and several subsequent conflicts. The exclusion zones of this period were fundamentally different to those of the Russo-Japanese war: if a vessel was within an exclusion zone, it was deemed susceptible to attack. The article then turns to the third phase …

Go to article

Cmsi Archive Translation: "One Belt, One Road" And Grand Border Defense, Hau Anghao [侯昂好] Apr 2016

Cmsi Archive Translation: "One Belt, One Road" And Grand Border Defense, Hau Anghao [侯昂好]

CMSI Translations

This article examines China’s “One Belt, One Road” (OBOR) strategy as a framework for integrating economic expansion with a reconceptualized approach to border and maritime defense, termed “grand border defense.” The author argues that OBOR requires China to transition from inward-looking security and defense postures toward outward-oriented, cooperative strategies that blend military, political, and diplomatic efforts. Grand border defense serves as both a protective and enabling mechanism, supporting the strategic connectivity of land and maritime routes while addressing emerging non-traditional security threats such as terrorism, transnational crime, and environmental risks. Policymakers should recognize OBOR as a dual-purpose initiative: advancing China’s …

Go to article

Emc Chair Symposium - Maritime Strategy - Working Papers, The U.S. Naval War College Mar 2016

Emc Chair Symposium - Maritime Strategy - Working Papers, The U.S. Naval War College

EMC Chair Symposia

This third maritime centric EMC Chair Symposium is a follow up to the release of the 2015 “Cooperative Strategy for 21st century Seapower.” The symposium will explore maritime strategy, concepts essential to implement the maritime strategy, and international reactions to it. Participants from DOD, academia, and the policy community will convene in Newport to discuss force development, maritime warfare, role of technology, and humanitarian assistance. The implications are important for understanding the types of missions combatant commanders will execute and the types of equipment and training the sea services must provide to support these missions. This symposium in part fulfills …

Go to article

Cmsi Archive Translation: A Summary Of Chinese Research On The Construction Of The 21st Century Maritime Silk Road, Tan S. Yao [谭瑶] Mar 2016

Cmsi Archive Translation: A Summary Of Chinese Research On The Construction Of The 21st Century Maritime Silk Road, Tan S. Yao [谭瑶]

CMSI Translations

This article surveys Chinese scholarship on the construction of the 21st Century Maritime Silk Road, analyzing its strategic, economic, and geopolitical significance. It highlights China’s efforts to strengthen regional economic integration, develop coastal and port cities, and expand maritime trade networks while navigating external pressures from major powers. The study identifies key challenges, including geopolitical competition, uneven development along the route, and non-traditional security threats. It also reviews policy recommendations, such as enhancing infrastructure, fostering regional supply chains, and promoting political trust between states. The article concludes by noting gaps in the literature, emphasizing the need for empirical analysis, sector-specific …

Go to article

Hm 23: New Interpretations In Naval History, Marcus O. Jones Jan 2016

Hm 23: New Interpretations In Naval History, Marcus O. Jones

Historical Monographs

Selected Papers from the Seventeenth McMullen Naval History Symposium Held at the United States Naval Academy, 15–16 September 2011.

Go to article

First Prev Next Last