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- Law of the Sea (17)
- Customary international law (15)
- Law of Armed Conflict (15)
- Law of Neutrality (14)
- Non-State actor (14)
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- Opinio juris (14)
- Self-defense (14)
- Territorial sovereignty (14)
- Unwilling or unable (14)
- Use of Force (4)
- Naval Warfare (2)
- Acoustic device (1)
- Anticipatory self-defense (1)
- Armed attack (1)
- BBNJ (1)
- Biodiversity beyond national jurisdiction (1)
- Continental shelf beyond 200 nautical miles (1)
- Counter-piracy (1)
- Cyber Law (1)
- Cyberspace (1)
- Due regard at sea (1)
- Houthi attack (1)
- ICJ (1)
- ITLOS (1)
- Jus ad bellum (1)
- Law of occupation (1)
- Law of the sea (1)
- Maritime Security (1)
- Maritime delimitation (1)
- Mauritius/Maldives (1)
Articles 1 - 20 of 20
Full-Text Articles in Law
Unclos And The Law Of Occupation: On The Rights And Duties Of Occupying States In Maritime Areas, Louis M. Monroy
Unclos And The Law Of Occupation: On The Rights And Duties Of Occupying States In Maritime Areas, Louis M. Monroy
International Law Studies
As of today, the framework of ocean governance of coastal maritime areas created by the United Nations Convention on the Law of the Sea (UNCLOS) is well understood and accepted by the international community. However, there are large and important areas of ocean space around the world that are subject to a more nuanced framework of interrelated norms. These are maritime areas that have come under the effective control of occupying States, often through the use of force. As such, the legal framework applicable to these maritime areas is that of the law of occupation. Nevertheless, because of the specificities …
Cyberspace And The Jus Ad Bellum: The State Of Play, Michael N. Schmitt, Anusha S. Pakkam
Cyberspace And The Jus Ad Bellum: The State Of Play, Michael N. Schmitt, Anusha S. Pakkam
International Law Studies
This article examines how States are interpreting one aspect of the international law governing cyber activities, the jus ad bellum. The article focuses on two issues: (1) the prohibition on the use of force found in Article 2(4) of the UN Charter, and (2) the right of self-defense in Article 51. The critical unsettled question regarding the first issue is the threshold at which a hostile cyber operation can be characterized as a “use of force” subject to the prohibition of Article 2(4). Concerning the second issue, a number of unresolved questions plague the application of the right of …
Annotated Supplement To The Commander's Handbook On The Law Of Naval Operations
Annotated Supplement To The Commander's Handbook On The Law Of Naval Operations
International Law Studies
The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …
Chapter 2: International Status And Navigation Of Military Vessels And Military Aircraft
Chapter 2: International Status And Navigation Of Military Vessels And Military Aircraft
International Law Studies
The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …
Chapter 3: Protection Of Persons And Property At Sea And Maritime Law Enforcement
Chapter 3: Protection Of Persons And Property At Sea And Maritime Law Enforcement
International Law Studies
The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …
Chapter 4: Safeguarding U.S. National Interests In The Maritime Environment
Chapter 4: Safeguarding U.S. National Interests In The Maritime Environment
International Law Studies
The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …
Chapter 1: Legal Divisions Of The Oceans And Airspace
Chapter 1: Legal Divisions Of The Oceans And Airspace
International Law Studies
The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …
Chapter 10: Chemical, Biological, Radiological, And Nuclear Weapons
Chapter 10: Chemical, Biological, Radiological, And Nuclear Weapons
International Law Studies
The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …
Chapter 11: Treatment Of Detained Persons
Chapter 11: Treatment Of Detained Persons
International Law Studies
The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …
Chapter 12: Deception During Armed Conflict
Chapter 12: Deception During Armed Conflict
International Law Studies
The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …
Chapter 8: The Law Of Targeting
Chapter 8: The Law Of Targeting
International Law Studies
The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …
Chapter 9: Conventional Weapons And Weapons Systems
Chapter 9: Conventional Weapons And Weapons Systems
International Law Studies
The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …
Chapter 7: The Law Of Neutrality
Chapter 7: The Law Of Neutrality
International Law Studies
The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …
Chapter 6: Adherence And Enforcement
Chapter 6: Adherence And Enforcement
International Law Studies
The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …
Chapter 5: Principles And Sources Of The Law Of Armed Conflict
Chapter 5: Principles And Sources Of The Law Of Armed Conflict
International Law Studies
The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …
“Unwilling Or Unable”, Lucy V. Jordan
“Unwilling Or Unable”, Lucy V. Jordan
International Law Studies
Critics of the unwilling or unable doctrine suggest that it could undermine the United Nations collective security system and argue that it requires an unacceptable ceding of a State’s territorial sovereignty. Increased reliance on the doctrine following the terrorist attacks of 9/11, particularly in relation to the use of force against ISIL in Syria since 2014, has caused the doctrine to face significant scrutiny. The purpose of this article is to ascertain whether the unwilling or unable doctrine has reached customary international law status. If found to be the case, the doctrine would confirm the right of States to act …
Another Missed Opportunity To Adopt A Universally Accepted Maritime Treaty, Raul (Pete) Pedrozo
Another Missed Opportunity To Adopt A Universally Accepted Maritime Treaty, Raul (Pete) Pedrozo
International Law Studies
In March 2023, an intergovernmental conference adopted the Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ Agreement). Inspired by a resurgence of the New International Economic Order (NIEO), the BBNJ Agreement contains numerous provisions that will have the practical effect of making ratification of the agreement untenable for the industrialized nations. Similar provisions were included in the original Part XI of the United Nations Convention on the Law of Sea (UNCLOS). As a result, industrialized nations refused to sign or …
International Law And Acoustic Antagonism In East Asian Waters, Matt D. Montazzoli, John C. Tramazzo
International Law And Acoustic Antagonism In East Asian Waters, Matt D. Montazzoli, John C. Tramazzo
International Law Studies
This article analyzes a 2023 maritime incident in which the Chinese Navy Ship (CNS) Ningbo employed active sonar in the vicinity of His Majesty’s Australian Ship (HMAS) Toowoomba, while knowing that Toowoomba had divers in the water. The Chinese sonar caused injuries to the Australian divers. The article discusses the employment of acoustic devices to cause harm during peacetime and analyzes whether CNS Ningbo’s actions constituted a failure of "due regard" and other applicable legal regimes and norms. The article concludes that CNS Ningbo’s actions were an unlawful use of force and failed to demonstrate due regard, and that …
Recent Developments In The Jurisprudence Concerning The Delimitation Of The Continental Shelf Beyond 200 Nautical Miles: Analysis Of The Mauritius/Maldives And Nicaragua V. Colombia Cases, Yoshifumi Tanaka
International Law Studies
This article examines recent developments in the jurisprudence related to the delimitation of the continental shelf beyond 200 nautical miles by analyzing the Mauritius/Maldives and Nicaragua v. Colombia cases. The ITLOS Special Chamber in Mauritius/Maldives did not delimit the continental shelf beyond 200 nautical miles due to applying the standard of “significant uncertainty.” In this regard, the scope of and criterion for the standard of “significant uncertainty” merit discussion. The ICJ, in Nicaragua v. Colombia, identified a rule of customary international law that the continental shelf of a State beyond 200 nautical miles may not extend within 200 nautical miles …
Protecting The Free Flow Of Commerce From Houthi Attacks Off The Arabian Peninsula, Raul (Pete) Pedrozo
Protecting The Free Flow Of Commerce From Houthi Attacks Off The Arabian Peninsula, Raul (Pete) Pedrozo
International Law Studies
This article reviews recent maritime incidents involving Houthi missile and drone attacks on commercial shipping and foreign warships off the Arabian Peninsula, purportedly in response to the Israeli military operations in Gaza following the October 7, 2023, Hamas-led attack that killed over 1,300 Israeli civilians. The article discusses the legality of the U.S. response to those incidents, including U.S. counter-piracy operations and the right of unit and collective self-defense. The article also discusses whether the United States should consider conducting land-based attacks on Houthi missile and drone sites in Yemen under the principle of self-help to preempt further attacks on …