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Intelligence Collection And The International Law Of The Sea, James Kraska
Intelligence Collection And The International Law Of The Sea, James Kraska
International Law Studies
This article explores the legal implications of intelligence collection operations at sea. It concludes that in terms of the international law of the sea, intelligence collection that occurs outside of the territorial sea is lawful. Furthermore, even intelligence collection by a foreign ship inside the territorial sea, while a violation of State sovereignty, may not violate the law of the sea, per se. Additionally, within the territorial sea, coastal States are limited in the measures they may take against foreign-flagged submarines and surface warships collecting intelligence since those activities do not constitute an armed attack or even the use of …
War Sanctions Steadily Degrade The Russian Maritime Sector, James Kraska
War Sanctions Steadily Degrade The Russian Maritime Sector, James Kraska
International Law Studies
This article originally appeared in Articles of War, the online publication of the Lieber Institute at the U.S. Military Academy, June 7, 2022, https://lieber.westpoint.edu/war-sanctions-steadily-degrade-russian-maritime-sector/.
Enhancing The Security Of Shipping In Southeast Asia: The Relevance Of International Law, Robert Beckman
Enhancing The Security Of Shipping In Southeast Asia: The Relevance Of International Law, Robert Beckman
International Law Studies
This article outlines the principles of international law governing the right to exercise jurisdiction over ships. It then explains the relevance of UN international crimes conventions to the security of commercial ships. These conventions give States parties jurisdiction to arrest persons present in their territory who are alleged to have committed such crimes and an obligation to either prosecute or extradite them. It then explains the measures that have been taken by the International Maritime Organization to enhance the security of commercial shipping, including its Code of Practice on preventing piracy and “armed robbery against ships” and its measures to …
Australia’S Maritime Security Challenges: Juggling International Law And Informal Agreements In An International Rules-Based Order, Natalie Klein
Australia’S Maritime Security Challenges: Juggling International Law And Informal Agreements In An International Rules-Based Order, Natalie Klein
International Law Studies
Australia has voiced its commitment to the “rules-based order” since 2008 and the rules-based order has become a touchpoint of both Australian defense and foreign policy. Australia has also voiced its commitment to international law, particularly the UN Convention on the Law of the Sea, to meet challenges to the maritime rules-based order, including in the South and East China Seas. References to international law have often been bundled in or left adjacent to the rules-based order and the two terms are not synonymous. This article discusses the role of international law in the rules-based order as it relates to …
Does The Revised U.S. South China Sea Policy Go Far Enough?, Raul (Pete) Pedrozo
Does The Revised U.S. South China Sea Policy Go Far Enough?, Raul (Pete) Pedrozo
International Law Studies
The United States issued a statement on July 13, 2020, outlining the U.S. Position on Maritime Claims in the South China Sea. The statement supplements existing U.S. policy for the South China Sea, making clear that the People’s Republic of China’s claims to offshore resources across most of the South China Sea are unlawful. Still, the revised U.S. policy does not go far enough to contest China's faulty claims in the South China Sea. This article proposes specific issues that the revised U.S. policy should address.