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Full-Text Articles in Law
Law Enforcement Measures Against Chinese Maritime Militia, Kentaro Furuya
Law Enforcement Measures Against Chinese Maritime Militia, Kentaro Furuya
International Law Studies
This article undertakes a comprehensive legal assessment of Chinese maritime militia vessels and their operations, employing a law enforcement perspective as the analytical lens. During peacetime, those vessels engage in fishing and low-intensity military activities but during armed conflict they transition to tasks like reconnaissance. Notably, these maritime militias are frequently deployed in what is commonly termed as "gray zone" scenarios, which lack a clearly defined designation as either peacetime or armed conflict. Their principal objective lies in asserting territorial claims without resorting to full-scale armed conflict. This article delves into an exploration of the legal status accorded to these …
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 …
Belligerent Obligations Under Article 18(1) Of The Second Geneva Convention: The Impact Of Sovereign Immunity, Booty Of War, And The Obligation To Respect And Protect War Graves, Wolff Heintschel Von Heinegg
Belligerent Obligations Under Article 18(1) Of The Second Geneva Convention: The Impact Of Sovereign Immunity, Booty Of War, And The Obligation To Respect And Protect War Graves, Wolff Heintschel Von Heinegg
International Law Studies
Article 18(1) of the Second Geneva Convention requires parties to an international armed conflict, “after each engagement” and “without delay,” to “take all possible measures to search for and collect the wounded and sick, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled.” This article focuses on the latter obligation: the duty to search for and collect the dead. It assesses this obligation in light of the International Committee of the Red Cross 2017 Commentary on the Second Geneva Convention, the first such commentary completed by …
The Future Of U.S. Ocean Policy, J. Ashley Roach, Robert W. Smith
The Future Of U.S. Ocean Policy, J. Ashley Roach, Robert W. Smith
International Law Studies
No abstract provided.
Status Of Armed Forces Abroad, Wilfred A. Hearn
Status Of Armed Forces Abroad, Wilfred A. Hearn
International Law Studies
No abstract provided.
Introduction To International Law As It Pertains To The Naval Officer, Wilfred A. Hearn
Introduction To International Law As It Pertains To The Naval Officer, Wilfred A. Hearn
International Law Studies
No abstract provided.
Jurisdictional Immunities, William C. Mcauliffe Jr.
Jurisdictional Immunities, William C. Mcauliffe Jr.
International Law Studies
No abstract provided.