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Full-Text Articles in Law
Booty, Bounty, Blockade, And Prize: Time To Reevaluate The Law, Andrew Clapham
Booty, Bounty, Blockade, And Prize: Time To Reevaluate The Law, Andrew Clapham
International Law Studies
This article considers the so-called belligerent rights of States in times of war. In particular it focuses on booty of war, blockade, and the capture of merchant ships and their cargo. It is suggested that, while the rules may not often be applied today, they nevertheless continue to exert a certain influence, contributing to confusion about the boundaries of the legitimate use of force and a blurring of the distinction between military objectives and civilian objects.
Considering that the UN Charter has outlawed the use of force, the article also questions why such rules concerning capture should continue to have …
Classification Of Cyber Capabilities And Operations As Weapons, Means, Or Methods Of Warfare, Jeffrey T. Biller, Michael N. Schmitt
Classification Of Cyber Capabilities And Operations As Weapons, Means, Or Methods Of Warfare, Jeffrey T. Biller, Michael N. Schmitt
International Law Studies
Despite several persistent controversies regarding how international law applies to cyber operations during an armed conflict, general understanding of the law in this domain is maturing. Reasoning by analogy to non-cyber application and interpretation of international law underlies much of the progress. Yet, although preexisting normative structures and legal terminology enable legal advisors and scholars to usefully draw upon previously acquired experience and understanding, there are obstacles to definitive analogizing that result from fundamental differences between cyber and kinetic operations. The number of imperfect analogies that underlie some of the normative uncertainty in the field underscores this point.
One key …
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 …
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.
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.
International Law, The Oas And The Dominican Crisis, Charles G. Fenwick
International Law, The Oas And The Dominican Crisis, Charles G. Fenwick
International Law Studies
No abstract provided.
Pacific Blockade: A Lost Opportunity Of The 1930'S?, Walter R. Thomas
Pacific Blockade: A Lost Opportunity Of The 1930'S?, Walter R. Thomas
International Law Studies
No abstract provided.
Geneva Convention For The Amelioration Of The Condition Of The Wounded In Armies In The Field (22 August 1864), Howard S. Levie
Geneva Convention For The Amelioration Of The Condition Of The Wounded In Armies In The Field (22 August 1864), Howard S. Levie
International Law Studies
No abstract provided.
Additional Articles Relating To The Condition Of The Wounded Of Armies In The Field (20 October 1868), Howard S. Levie
Additional Articles Relating To The Condition Of The Wounded Of Armies In The Field (20 October 1868), Howard S. Levie
International Law Studies
No abstract provided.
1907 Hague Convention V Respecting The Rights And Duties Of Neutral Powers And Persons In Case Of War On Land (18 October 1907), Howard S. Levie
1907 Hague Convention V Respecting The Rights And Duties Of Neutral Powers And Persons In Case Of War On Land (18 October 1907), Howard S. Levie
International Law Studies
No abstract provided.
Subject Index, Neill H. Alford Jr.
Chapter V Economic Warfare As A Secondary Policy Device, Neill H. Alford
Chapter V Economic Warfare As A Secondary Policy Device, Neill H. Alford
International Law Studies
No abstract provided.