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Anatomy Of China’S Maritime Strategy: Threatening The Maritime Order Through Its National Legislation And Self-Centered Interpretation Of Unclos, Shigeki Sakamoto
Anatomy Of China’S Maritime Strategy: Threatening The Maritime Order Through Its National Legislation And Self-Centered Interpretation Of Unclos, Shigeki Sakamoto
International Law Studies
While the 1982 United Nations Convention on the Law of the Sea (UNCLOS) establishes an objective framework for the coordinated handling of the use of the sea by States in the exercise of their legislative, judicial, and executive powers, China’s legislative bodies, in enacting domestic laws for the fulfillment of treaty obligations, distort obligations in its domestic laws to secure their own national interests. For example, Article 6.2 of China’s Territorial Sea Law violates articles of UNCLOS by denying the right of innocent passage. In addition, China is extending its jurisdiction over security to the contiguous zone with Article 13 …
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 …
Iuu Fishing As A National Security Threat: Revisiting India’S Domestic Framework And Compliance With International Regimes, Pooja Bhatt
International Law Studies
Within India, illegal, unreported, and unregulated (IUU) fishing typically has been viewed as a non-traditional security concern that includes food and economic security, as well as broader societal and political issues. This article argues for understanding IUU fishing in a broader and deeper way and to view this issue as a traditional security threat. Several developments merit this approach, including the threat posed by foreign fishing vessels near Indian waters. Such distant water fishing vessels have been found fishing illegally around the world. On several occasions, these vessels are present near the exclusive economic zone of other states, raising serious …
China’S Maritime Law Enforcement Activities In The South China Sea, Diane Desierto
China’S Maritime Law Enforcement Activities In The South China Sea, Diane Desierto
International Law Studies
This article evaluates China’s public justifications for its unilateral maritime law enforcement activities in the South China Sea, including recent incidents affecting Indonesia, Vietnam, the Philippines, and Malaysia, against the binding international legal requirements of the United Nations Convention on the Law of the Sea (UNCLOS), the 2002 Declaration on the Conduct of Parties to the South China Sea, and the 2016 Permanent Court of Arbitration UNCLOS Annex VII arbitral award In the Matter of the South China Sea Arbitration. China’s unilateral maritime law enforcement activities in the South China Sea do not comply with UNCLOS and applicable international …
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 …
Maritime Law Enforcement Operations And Intelligence In An Age Of Maritime Security, Douglas Guilfoyle
Maritime Law Enforcement Operations And Intelligence In An Age Of Maritime Security, Douglas Guilfoyle
International Law Studies
This article examines maritime law enforcement operations and intelligence activities in the context of maritime security. First describing the role of navies and coast guards in maritime security, this article then explores the relationship between law enforcement operations and actionable intelligence. In particular, it focuses on maritime domain awareness (MDA), and how MDA functions as a form of intelligence. Next, the article discusses maritime domain awareness under international law before looking to the tension between intelligence collection and visit, board, search and seizure (VBSS) operations, both on the high seas and in waters under national jurisdiction. The article closes by …
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 …
The Bull In The China Shop: Raising Tensions In The Asia-Pacific Region, Raul (Pete) Pedrozo
The Bull In The China Shop: Raising Tensions In The Asia-Pacific Region, Raul (Pete) Pedrozo
International Law Studies
This paper examines the legality of China's recent endeavors to change the status quo in the Asia-Pacific region, specifically with respect to the announcement of an ADIZ over the East China Sea. The piece concludes with recommendations for potential U.S. responses.
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.
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.
The 1982 United Nations Convention Of The Law Of The Sea: A Historical Perspective On Prospects For Us Accession, Horace B. Robertson Jr.
The 1982 United Nations Convention Of The Law Of The Sea: A Historical Perspective On Prospects For Us Accession, Horace B. Robertson Jr.
International Law Studies
No abstract provided.
Conflicts Between United Nations Security Council Resolutions And The 1982 United Nations Convention On The Law Of The Sea, And Their Possible Resolution, Robin R. Churchill
Conflicts Between United Nations Security Council Resolutions And The 1982 United Nations Convention On The Law Of The Sea, And Their Possible Resolution, Robin R. Churchill
International Law Studies
No abstract provided.
Encroachment On Navigational Freedoms, Raul (Pete) Pedrozo
Encroachment On Navigational Freedoms, Raul (Pete) Pedrozo
International Law Studies
No abstract provided.
China And The Law Of The Sea: An Update, Guifang Xue
China And The Law Of The Sea: An Update, Guifang Xue
International Law Studies
No abstract provided.
The Unvarnished Truth: The Debate On The Law Of The Sea Convention, William L. Schachte Jr.
The Unvarnished Truth: The Debate On The Law Of The Sea Convention, William L. Schachte Jr.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.