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Full-Text Articles in Law
Minelaying And The Impediment Of Passage Rights, Wolff Heintschel Von Heinegg
Minelaying And The Impediment Of Passage Rights, Wolff Heintschel Von Heinegg
International Law Studies
Since their first extensive use in the 1904–05 Russo-Japanese War naval mines have continued to pose a considerable threat to innocent shipping. States reacted by adopting the 1907 Hague Convention VIII, which has been the only international instrument on the matter to date. In view of the fact that more than 80 percent of imports and exports are shipped by sea, freedom of navigation and, in particular, transit and archipelagic sea lanes passage rights must be preserved to the greatest extent possible. The present article deals with the question of whether international rules and principles provide effective protection of international …
1907 Hague Convention Viii Relative To The Laying Of Automatic Submarine Contact Mines, Steven Haines
1907 Hague Convention Viii Relative To The Laying Of Automatic Submarine Contact Mines, Steven Haines
International Law Studies
This article places 1907 Hague Convention VIII in its historical context, examines its content, summarizes State practice since 1907 (including during the two World Wars) and discusses the Convention’s relevance to contemporary mine warfare. The Convention has inherent shortcomings, has never been strictly applicable in any war since 1907, and is not strictly relevant to anything other than automatic contact mines (effectively excluding modern influence mines). Despite this—and a paucity of substantial State practice since 1945—the conclusion is that the Convention has influenced the customary law on sea-mines. When that custom was combined with other relevant custom (particularly that pertaining …
Beyond Hague Viii: Other Legal Limits On Naval Mine Warfare, David Letts
Beyond Hague Viii: Other Legal Limits On Naval Mine Warfare, David Letts
International Law Studies
Legal texts and scholarly articles that deal with the topic of naval mine warfare typically do so by reference to Hague Convention VIII of 1907 and customary international law. Little comment, if any, is usually made in relation to the variety of other legal regimes that might impact upon the use of naval mines in armed conflict. This article seeks to redress that imbalance by examining, with a focus on the jus in bello, a range of legal considerations arising from more contemporary sources that affect the use of naval mines in international armed conflict.
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 …
Modern Maritime Neutrality Law, James Farrant
Modern Maritime Neutrality Law, James Farrant
International Law Studies
This article is a fundamental reappraisal of the rules of maritime neutrality, including blockade, contraband and maritime zones. It is one of the most comprehensive reassessments of this area of the law since R. W. Tucker's seminal work in this publication in 1955. As well as defining and stating the rules of maritime neutrality, the piece offers recommendations for future development of the law which drafters of State law of armed conflict manuals may wish to consider.