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Military, War, and Peace

U.S. Naval War College

Law of the sea

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Ukraine V. The Russian Federation: Navigating Conflict Over Sovereignty Under Unclos, NilüFer Oral Feb 2021

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 …


An Incident In The South China Sea, Rob Mclaughlin Nov 2020

An Incident In The South China Sea, Rob Mclaughlin

International Law Studies

This article assesses characterization issues under the law of the sea, through the medium of an International Law Studies “maritime situation.” The article begins with a hypothetical scenario concerning an incident between a NATO warship and PRC vessels near Subi Reef and Thitu Island in the South China Sea. The analysis then turns to how we might assess characterization issues under the law of the sea as they apply to this incident. The lenses of analysis employed are: (1) Where, in law of the sea terms, did the incident happen? (2) Who, employing a law of the sea characterization scheme, …


Release Of A Detained Warship And Its Crew Through Provisional Measures: A Comparative Analysis Of The Ara Libertad And Ukraine V. Russia Cases, Yoshifumi Tanaka Aug 2020

Release Of A Detained Warship And Its Crew Through Provisional Measures: A Comparative Analysis Of The Ara Libertad And Ukraine V. Russia Cases, Yoshifumi Tanaka

International Law Studies

The determination of whether to release a detained foreign warship and its crew is a crucial issue in law and in practice. This article examines the issue of the release of a detained foreign warship and its crewmembers through provisional measures by analyzing the ARA Libertad and Ukraine v. Russia cases. Specifically three issues must be examined. The first issue concerns the interpretation of military activities under Article 298(1)(b) of the U.N. Convention on the Law of the Sea (UNCLOS). On this issue, this article highlights that a threshold for deciding the preponderance of military or law enforcement elements is …


Dprk Maritime Sanctions Enforcement, Raul (Pete) Pedrozo May 2020

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 Legal Characterization Of Lethal Autonomous Maritime Systems: Warship, Torpedo, Or Naval Mine?, Hitoshi Nasu, David Letts Apr 2020

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 Oct 2019

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 Aug 2018

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 Jul 2015

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 Oct 2014

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 Howard S. Levie's Paper: Submarine Warfare: With Emphasis On The 1936 London Protocol, Dieter Fleck Jan 1993

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 Jan 1993

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.


Comments On Howard S. Levie's Paper: Submarine Warfare: With Emphasis On The 1936 London Protocol, A.V. Lowe Jan 1993

Comments On Howard S. Levie's Paper: Submarine Warfare: With Emphasis On The 1936 London Protocol, A.V. Lowe

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 Jan 1993

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 Jan 1993

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 Jan 1991

Appendix: Commander's Handbook On The Law Of Naval Operations

International Law Studies

No abstract provided.


Forward And Preface - Volume 64 Jan 1991

Forward And Preface - Volume 64

International Law Studies

No abstract provided.


Submarine Mines In International Law, Thomas A. Clingan Jr. Jan 1991

Submarine Mines In International Law, Thomas A. Clingan Jr.

International Law Studies

No abstract provided.


Index Jan 1991

Index

International Law Studies

No abstract provided.


Appendix M: Independent Or Semi-Independent States Established Since World War Ii, Carl M. Franklin Jan 1961

Appendix M: Independent Or Semi-Independent States Established Since World War Ii, Carl M. Franklin

International Law Studies

No abstract provided.