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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 …
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 …
The Legal Characterization Of Lethal Autonomous Maritime Systems: Warship, Torpedo, Or Naval Mine?, Hitoshi Nasu, David Letts
The Legal Characterization Of Lethal Autonomous Maritime Systems: Warship, Torpedo, Or Naval Mine?, Hitoshi Nasu, David Letts
International Law Studies
With the rapid advances in autonomous navigation and artificial intelligence technology, naval industries are edging closer to the development of unmanned maritime platforms with lethal autonomous capability—lethal autonomous maritime systems (LAMS). The emergence of LAMS as a sui generis hybrid weapon system will almost certainly generate disagreement on their legal status. Currently, there is no agreement among States as to whether LAMS should legally be characterized as warships or other means of warfare, such as torpedoes and naval mines. This lack of certainty represents a significant deficiency with potential strategic and operational implications if left unresolved. To assist States in …
The Occupation Of Maritime Territory Under International Humanitarian Law, Marco Longobardo
The Occupation Of Maritime Territory Under International Humanitarian Law, Marco Longobardo
International Law Studies
This article explores whether it is possible to apply the law of occupation beyond land territory, to maritime areas characterized here as “maritime territory.” The article argues that the definition of territory under Article 42 of the 1907 Hague Regulations comprises internal waters, territorial sea, and archipelagic waters, whereas other areas such as the continental shelf, the exclusive economic zone, and high seas fall outside the scope of Article 42. Accordingly, internal waters, the territorial sea, and archipelagic waters may be placed under occupation if a hostile force exercises actual authority over them without valid legal title. The article describes …
The Updated Icrc Commentary On The Second Geneva Convention: Demystifying The Law Of Armed Conflict At Sea, Bruno Demeyere, Jean-Marie Henckaerts, Heleen Hiemstra, Ellen Nohle
The Updated Icrc Commentary On The Second Geneva Convention: Demystifying The Law Of Armed Conflict At Sea, Bruno Demeyere, Jean-Marie Henckaerts, Heleen Hiemstra, Ellen Nohle
International Law Studies
Since their publication in the 1950s and 1980s respectively, the Commentaries on the Geneva Conventions of 1949 and their Additional Protocols of 1977 have become a major reference for the application and interpretation of those treaties. The International Committee of the Red Cross, together with a team of renowned experts, is currently updating these Commentaries in order to document developments and provide up-to-date interpretations of the treaty texts. Following a brief overview of the methodology and process of the update as well as a historical background to the Second Geneva Convention, this article addresses the scope of applicability of the …
The Law Of Naval Warfare And China’S Maritime Militia, James Kraska, Michael Monti
The Law Of Naval Warfare And China’S Maritime Militia, James Kraska, Michael Monti
International Law Studies
China operates a vast network of fishing vessels that form a maritime militia equipped and trained to conduct intelligence, communications, and targeting support for the People's Liberation Army Navy. Fishing vessels normally are exempt from capture or attack in the law of naval warfare unless they are integrated into the naval forces, but distinguishing between legitimate fishing vessels and maritime militia during naval warfare is virtually impossible.
The Law Applicable To Naval Mine Warfare In A Non-International Armed Conflict, Rob Mclaughlin
The Law Applicable To Naval Mine Warfare In A Non-International Armed Conflict, Rob Mclaughlin
International Law Studies
There are very few instruments and very few cases, which describe how the law in relation to naval mine warfare applies within non-international armed conflict contexts. Additionally, since 1945, there has been relatively limited State practice. Working out what the law applicable to naval mine warfare in NIAC situations might look like today thus requires some recourse to the pre-World War II scheme designed to accommodate and characterize maritime activity by rebels, insurgents, and belligerents in conflict with their State. This article proposes for discussion a set of “rules” that attempt to incorporate and update elements of this customary scheme …
Full Volume 83: Global Legal Challenges: Command Of The Commons, Strategic Communications, And Natural Disasters
International Law Studies
No abstract provided.
Full Volume 80: Issues In International Law And Military Operations
Full Volume 80: Issues In International Law And Military Operations
International Law Studies
No abstract provided.
Full Volume 79: International Law And The War On Terror
Full Volume 79: International Law And The War On Terror
International Law Studies
No abstract provided.
Comments On Howard S. Levie's Paper: Submarine Warfare: With Emphasis On The 1936 London Protocol, Dieter Fleck
Comments On Howard S. Levie's Paper: Submarine Warfare: With Emphasis On The 1936 London Protocol, Dieter Fleck
International Law Studies
No abstract provided.
Comments On Sally V. And W. Thomas Mallison's Paper: The Naval Practices Of Belligerents In World War Ii: Legal Criteria And Developments, M. W. Janis
International Law Studies
No abstract provided.
The Naval Practices Of Belligerents In World War Ii: Legal Criteria And Developments, Sally V. Mallison, Thomas W. Mallison
The Naval Practices Of Belligerents In World War Ii: Legal Criteria And Developments, Sally V. Mallison, Thomas W. Mallison
International Law Studies
No abstract provided.
Comments On Sally V. And W. Thomas Mallison's Paper: The Naval Practices Of Belligerents In World War Ii: Legal Criteria And Developments, W. J. Fenrick
International Law Studies
No abstract provided.
Appendix: Commander's Handbook On The Law Of Naval Operations
Appendix: Commander's Handbook On The Law Of Naval Operations
International Law Studies
No abstract provided.
The Law Of Piracy: "Piracy" In The Twentieth Century, Alfred P. Rubin
The Law Of Piracy: "Piracy" In The Twentieth Century, Alfred P. Rubin
International Law Studies
No abstract provided.