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Full-Text Articles in Law
Maritime Counter-Narcotics Agreements, Office Of The Staff Judge Advocate
Maritime Counter-Narcotics Agreements, Office Of The Staff Judge Advocate
International Law Studies
No abstract provided.
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 …
Dprk Maritime Sanctions Enforcement, Raul (Pete) Pedrozo
Dprk Maritime Sanctions Enforcement, Raul (Pete) Pedrozo
International Law Studies
The Democratic People’s Republic of Korea (DPRK) has been under U.N. sanctions since 2006 to dissuade the DPRK from continuing its nuclear weapons and ballistic missile programs. Nonetheless, the DPRK has evaded these sanctions, particularly through unlawful ship-to-ship transfers of refined petroleum products and coal. DPRK sanctions evasion, particularly as it relates to maritime activities, remains a critical issue that allows the DRPK government to continue its pursuit of nuclear weapons and its testing and amassment of ballistic missiles. Given the DPRK’s use of maritime tactics to evade sanctions, maritime interdiction is the most effective way to counter illicit DPRK …
The Peacetime Right Of Approach And Visit And Effective Security Council Sanctions Enforcement At Sea, Craig H. Allen
The Peacetime Right Of Approach And Visit And Effective Security Council Sanctions Enforcement At Sea, Craig H. Allen
International Law Studies
Naval forces deployed across the world’s seas to enforce counterproliferation sanctions imposed by the U.N. Security Council must surmount any number of operational and legal challenges. High seas boardings by any State other than the vessel’s flag State remain controversial. The 1982 Law of the Sea Convention’s high seas articles carefully balance the principles of freedom of navigation and exclusive flag-State jurisdiction with the shared interest in ensuring effective enforcement of laws against certain serious offenses. The peacetime right of visit is a limited but invaluable compromise between those competing interests. Some commentators have suggested expanding the right to address …
Maritime Autonomous Vehicles Within The International Law Framework To Enhance Maritime Security, Natalie Klein
Maritime Autonomous Vehicles Within The International Law Framework To Enhance Maritime Security, Natalie Klein
International Law Studies
Technological developments necessitate a review of long-standing and diverse international legal principles. The law of the sea is no exception in this regard where the introduction of different Maritime Autonomous Vehicles (MAVs) has prompted consideration of how the laws of naval warfare and rules governing the safety of international shipping accommodate these craft. This paper shifts the focus to the international laws relating to maritime security. It assesses how well the existing international legal framework for maritime security can account for the use of MAVs by law enforcement agencies and by non-state actors who are turning to MAVs for criminal …
The Russian Federation And The Arctic Sunrise Case: Hot Pursuit And Other Issues Under The Losc, Alex G. Oude Elferink
The Russian Federation And The Arctic Sunrise Case: Hot Pursuit And Other Issues Under The Losc, Alex G. Oude Elferink
International Law Studies
The Arctic Sunrise case was brought unilaterally by the Netherlands against the Russian Federation under the United Nations Convention on the Law of the Sea on October 4, 2013 after the Russian Federation had boarded the vessel and arrested it and its crew. The article discusses the subsequent arbitral proceedings and in particular assesses the reasoning of the arbitral tribunal on the issue of hot pursuit. It concludes that the tribunal’s findings are controversial in several respects. Although the Russian Federation did not participate in the arbitration, it did issue a number of official statements and documents. The article provides …
International Law And Japan’S Territorial Disputes, Raul (Pete) Pedrozo
International Law And Japan’S Territorial Disputes, Raul (Pete) Pedrozo
International Law Studies
Five of the most contentious territorial disputes that plague the Asia-Pacific today have their roots in the San Francisco Peace Treaty. The treaty required Japan to renounce all claims with regard to a number of lands, but failed to declare a successor State to these lands. Over the years, these disputes have intensified as a result of rising nationalism and a growing demand for ocean resources. This article discusses the merits of Japan’s claims to the Kurile Islands, Liancourt Rocks and Pinnacle Islands and concludes that Japan’s claims are superior to those of the other claimants.
Applying The European Convention On Human Rights To The Use Of Physical Force: Al-Saadoon, David S. Goddard
Applying The European Convention On Human Rights To The Use Of Physical Force: Al-Saadoon, David S. Goddard
International Law Studies
In Al-Saadoon and Others v. Secretary of State for Defence, the High Court of Justice of England and Wales has found that the United Kingdom’s obligations under the European Convention on Human Rights (ECHR) can be activated extraterritorially simply through the use by State agents of physical force against an individual. This article explains the judgment and places it in the context of the development of the law both in the United Kingdom and at the European Court of Human Rights (ECtHR). While it remains subject to appeal domestically and its approach may not be followed by the ECtHR, …
Arctic Climate Change And U.S. Accession To The United Nations Convention On The Law Of The Sea, Raul (Pete) Pedrozo
Arctic Climate Change And U.S. Accession To The United Nations Convention On The Law Of The Sea, Raul (Pete) Pedrozo
International Law Studies
No abstract provided.
Full Volume 86: The War In Iraq: A Legal Analysis (2010)
Full Volume 86: The War In Iraq: A Legal Analysis (2010)
International Law Studies
No abstract provided.
Legal Considerations In Relation To Maritime Operations Against Iraq, Neil Brown
Legal Considerations In Relation To Maritime Operations Against Iraq, Neil Brown
International Law Studies
No abstract provided.
Global Commons And The Role For Intelligence, Lowell E. Jacoby
Global Commons And The Role For Intelligence, Lowell E. Jacoby
International Law Studies
No abstract provided.
Security In The Strait Of Malacca And The Regional Maritime Security Initiative: Responses To The Us Personnal, Yann-Huei Song
Security In The Strait Of Malacca And The Regional Maritime Security Initiative: Responses To The Us Personnal, Yann-Huei Song
International Law Studies
No abstract provided.
Actual And Future Threats Emaniting From The Commons: A Chiliean Approach, Francisca Moller, Jorge Balaresque
Actual And Future Threats Emaniting From The Commons: A Chiliean Approach, Francisca Moller, Jorge Balaresque
International Law Studies
No abstract provided.
Maritime Domain Awareness: The Key To Maritime Security, Joseph L. Nimmich, Dana A. Goward
Maritime Domain Awareness: The Key To Maritime Security, Joseph L. Nimmich, Dana A. Goward
International Law Studies
No abstract provided.
Threats From The Global Commons: Problems Of Jurisdiction And Enforcement, Stuart Kaye
Threats From The Global Commons: Problems Of Jurisdiction And Enforcement, Stuart Kaye
International Law Studies
No abstract provided.
The Proliferation Security Initiative: Security Vs. Freedom Of Navigation?, Wolff Heintschel Von Heinegg
The Proliferation Security Initiative: Security Vs. Freedom Of Navigation?, Wolff Heintschel Von Heinegg
International Law Studies
No abstract provided.
Limits On The Use Of Force In Maritime Operations In Support Of Wmd Counter-Proliferation Initiatives, Craig H. Allen
Limits On The Use Of Force In Maritime Operations In Support Of Wmd Counter-Proliferation Initiatives, Craig H. Allen
International Law Studies
No abstract provided.
The Proliferation Security Initiative In The Maritime Domain, Stuart Kaye
The Proliferation Security Initiative In The Maritime Domain, Stuart Kaye
International Law Studies
No abstract provided.
Full Volume 81: International Law Challenges: Homeland Security And Combating Terrorism
Full Volume 81: International Law Challenges: Homeland Security And Combating Terrorism
International Law Studies
No abstract provided.
Current Legal Issues In Maritime Operations: Maritime Interception Operations In The Global War On Terrorism, Exclusion Zones, Hospital Ships, And Maritime Neutrality, Wolff Heintschel Von Heinegg
Current Legal Issues In Maritime Operations: Maritime Interception Operations In The Global War On Terrorism, Exclusion Zones, Hospital Ships, And Maritime Neutrality, Wolff Heintschel Von Heinegg
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.
Military Activities In The Exclusive Economic Zone: Preventing Uncertainty And Defusing Conflict, Hyun-Soo Kim
Military Activities In The Exclusive Economic Zone: Preventing Uncertainty And Defusing Conflict, Hyun-Soo Kim
International Law Studies
No abstract provided.
The Legal Efficacy Of Freedom Of Navigation Assertions, Dale Stephens
The Legal Efficacy Of Freedom Of Navigation Assertions, Dale Stephens
International Law Studies
No abstract provided.
Dispute Settlement Under The 1997 Convention On The Law Of The Non-Navigational Uses Of International Watercourses, Ruth Lapidoth
Dispute Settlement Under The 1997 Convention On The Law Of The Non-Navigational Uses Of International Watercourses, Ruth Lapidoth
International Law Studies
No abstract provided.
Naval Blockade, Wolff Heintschel Von Heinegg
Naval Blockade, Wolff Heintschel Von Heinegg
International Law Studies
No abstract provided.
Chapter V (The Tanker War And The Law Of Armed Conflict)
Chapter V (The Tanker War And The Law Of Armed Conflict)
International Law Studies
No abstract provided.
Chapter Vii (General Conclusions And Appraisal: Policy And Law)
Chapter Vii (General Conclusions And Appraisal: Policy And Law)
International Law Studies
No abstract provided.
Chapter Iii (Claims To Minimum World Public Order On The Oceans)
Chapter Iii (Claims To Minimum World Public Order On The Oceans)
International Law Studies
No abstract provided.
Chapter Vi (The Tanker War And The Maritime Environment)
Chapter Vi (The Tanker War And The Maritime Environment)
International Law Studies
No abstract provided.