Law of the Sea Commons^™

Chapter 1: Sanctions And The Shadow Fleet: Terrorism Forfeiture And Operation Economic Fury, James Kraska

International Law Studies

No abstract provided.

Deep Seabed Mining And The Law Of The Sea: Strategic Competition, Institutional Failure, And The Third Age, Michael W. Lodge

International Law Studies

Edited and annotated speech by Michael Lodge, former Secretary-General of the International Seabed Authority (2017–2024), delivered at the U.S. Naval War College, Newport, Rhode Island, on March 11, 2026.

International Law Situations: Belligerent Straits, Raul (Pete) Pedrozo

International Law Studies

This Situation examines the measures that belligerents may take to regulate navigation by neutral and belligerent shipping through international straits. Iran has imposed several illegal measures on neutral shipping in the Strait of Hormuz to manage transits through the strait, to include the imposition of tolls, establishment of a prior permission regime, and closure of the strait. This Situation analyzes Iran's actions under international law.

Concurrent Regimes For The Concept Of “Common Heritage” In Seabed Mining, James Kraska, Digvijay Rewatkar

International Law Studies

This article examines the re-emergence of unilateral deep seabed mining by the United States and its implications for the concept of the common heritage of mankind. Triggered by Executive Order 14285 and the resurrection of the Deep Seabed Hard Mineral Resources Act, the U.S. approach challenges the multilateral framework established under Part XI of the United Nations Convention on the Law of the Sea (UNCLOS) and the 1994 Implementing Agreement. While the prevailing view holds that unilateral seabed mining is prohibited by customary international law and that only the International Seabed Authority (ISA) may lawfully operationalize the common heritage principle, …

Remembering Captain Joseph E. Baggett, Jagc, Usn (Ret.): International Law Expert And Mentor To Generations Of Naval Officers, The Editors

International Law Studies

The editors dedicate this volume to the memory of Captain Joseph E. Baggett, JAGC, USN (Ret.), June 22, 1949 – June 23, 2025

Dokdo/Takeshima And Maritime Delimitation Between The Republic Of Korea And Japan: A Comment On Icj Dispute Resolution, Katherine Angell

American University International Law Review

The Republic of Korea (Korea) should agree to submit the issue of sovereignty over Dokdo/Takeshima and the issue of maritime delimitation in the East Sea/Sea of Japan to the International Court of Justice (ICJ) because the ICJ is likely to decide that Dokdo/Takeshima is Korean territory and the tensions in the East Sea/Sea of Japan can be resolved to allow further cooperation between the two nations. The ICJ is the primary avenue for peacefully resolving territorial and maritime delimitation disputes between nations, and the ICJ has developed a substantial body of case law analyzing these issues. The ICJ considers various …

The Doctrine Of Constructive Presence And Damage To Submarine Cables And Other Critical Underwater Infrastructure, Jame Kraska, Elizabeth Hutton

International Law Studies

Maritime law enforcement regarding attacks on critical underwater infrastructure remains one of the weakest parts of the legal system governing undersea infrastructure. While the UN Convention on the Law of the Sea and the 1884 Submarine Telegraphic Cable Convention require States to criminalize and penalize willful or negligent damage to submarine cables, these agreements depend heavily on national enforcement. In international waters, enforcement becomes more complicated due to the principle of exclusive flag State jurisdiction, which limits a coastal State’s ability to enforce laws in international waters. This article proposes that the legal doctrine of constructive presence provides an international …

U.S. Position On The Legal Character Of The Law Of The Sea Convention's Seabed Mining Provisions: U.S. Intervention On Agenda Item 8, International Seabed Authority Assembly, 30th Session, July 2025, U.S. Observer Delegation To The International Seabed Authority

International Law Studies

U.S. Intervention on Agenda Item 8, International Seabed Authority Assembly, 30th Session, July 2025, presented by Greg O’Brien, Head of the U.S. Observer Delegation to the International Seabed Authority, explaining the U.S. position and State practice regarding the legal character of the Law of the Sea Convention seabed mining provisions.

U.S. Position On The Legal Character Of The Law Of The Sea Convention's Seabed Mining Provisions: U.S. Statement On Agenda Item 13, Meeting Of States Parties To The Un Convention On The Law Of The Sea, June 25, 2025, U.S. Observer Delegation To The 35th Meeting Of States Parties To The Law Of The Sea Convention

International Law Studies

U.S. Statement on Agenda Item 13, Meeting of States Parties to the UN Convention on the Law of the Sea, June 25, 2025, presented by Nathan Nagy, representative of the U.S. observer delegation to the 35th Meeting of States Parties to the Law of the Sea Convention, explaining the U.S. position and State practice regarding the legal character of the Law of the Sea Convention seabed mining provisions.

The U.S. Executive Order On Seabed Mining Is Consistent With International Law, James Kraska

International Law Studies

This article analyzes the legality of U.S. unilateral seabed mining authorized by Executive Order 14285, signed by President Donald Trump on April 24, 2025, permitting mineral extraction on the U.S. continental shelf and international deep seabed. Critics, including China, the European Union, and the International Seabed Authority, contend that this policy violates international law by circumventing Part XI of the United Nations Convention on the Law of the Sea (UNCLOS), which designates seabed minerals as the “common heritage of mankind” and mandates regulation through the ISA. The article asserts that, as a non-party to UNCLOS, the United States is not …

Artificial Intelligence And Autonomous Systems In Warfighting At Sea, Nicholas Kadlec

International Law Studies

Much of the debate surrounding the military use of artificial intelligence (AI) tends to focus on lethal autonomous weapons systems. Those are systems that, once activated, can select and engage targets without further human intervention; sometimes pejoratively called “killer robots.” Moreover, debates often focus on their use and risks in land warfare. This land-warfare focus tends to invoke questions about the systems’ ability to distinguish between combatants and civilians on urban battlefields and the potential for mistakes. Legal debates about the lawfulness of AI and lethal autonomous weapons systems in warfare similarly tend to focus on land warfare and thus …

Sabotage Of Submarine Cables And Pipelines As A Use Of Force And Armed Attack, Christian Schaller

International Law Studies

Combating sabotage of submarine cables and pipelines is a matter of law enforcement, subject to the international law of the sea. However, such acts may also constitute the use of force and an armed attack under Articles 2(4) and 51 of the UN Charter. The application of these concepts requires clarification of the “international relations” in which the use of force takes place and identification of the State against which the armed attack occurs. This article argues that, in the absence of evidence to the contrary, the sabotage may be presumed to be directed against the States connected to the …

Implementing Agreement To Enhance Protection Of Critical Undersea Infrastructure, Raul (Pete) Pedrozo

International Law Studies

Since 2022, there have been several incidents of apparent intentional damage to submarine cables and pipelines in the Baltic Sea and in the waters around Taiwan. Affected coastal States correctly complain that malign actors, like Russia and China, exploit gaps in international law that make it exceedingly challenging to hold the perpetrators accountable. None of the international agreements applicable to the protection of critical undersea infrastructure provide for adequate coastal State enforcement authority beyond the territorial sea. Several proposals have been made to provide greater protection for critical undersea infrastructure—adopt a UN Security Council resolution, European Union Action Plan, naval …

The Obligation Of “Due Regard” In The Eez During Armed Conflict At Sea, James Kraska

International Law Studies

This article explores the rights of belligerent warships and military aircraft to engage in hostile operations within a neutral coastal State’s exclusive economic zone (EEZ) during armed conflict. It argues that peacetime rules of due regard for coastal State sovereign rights and jurisdiction do not constrain these operations. The United Nations Convention on the Law of the Sea (UNCLOS) established the peacetime obligation of due regard in the EEZ. By 1984, the EEZ had become customary international law binding on all States. The San Remo Manual on International Law Applicable to Armed Conflict at Sea suggests belligerent naval forces owe …

Rudderless And Adrift: States’ Unwarranted Timidity Respecting Stateless Vessels, Andrew Norris

International Law Studies

This article argues that there is no international legal impediment to any State robustly asserting prescriptive, enforcement, or adjudicative jurisdiction over vessels without nationality. It first examines the rules relating to vessel nationality to demonstrate the strong international preference that vessels be properly flagged in a particular State. It then examines the phenomenon of vessels without nationality, with a focus on what constitutes statelessness, and what the contemporary understanding is of the jurisdictional effect of that status. It concludes with a legal analysis, based on the Lotus principle and a recent U.S. appellate court decision that relied upon it, of …

Options For Sustainable High Seas Fisheries Management In The Southwest Atlantic, Cornell Overfield, Jessica Yllemo

International Law Studies

The Southwest Atlantic lacks a regional fishery management organization, leaving one of the world’s largest squid fisheries at risk of overfishing during high seas migrations. This article reviews measures available to coastal States as they seek to protect regional ecosystems and their economic interests. The ideal policy response is to conclude a regional fisheries management organization covering squid and other key regional stocks. This body should follow best practices and include the relevant coastal and fishing States. Other options that provide some value for managing regional fishing and its environmental consequences include reviving and expanding catch information sharing, ratifying and …

Safeguarding Submarine Cables And Pipelines In Times Of Peace And War, Raul (Pete) Pedrozo

International Law Studies

Incidents involving damage to undersea infrastructure illustrate the vulnerability of submarine cables and pipelines. While damage can occur accidentally in peacetime, recent incidents suggest cables and pipelines are being systematically targeted and that the resulting damage is not accidental or the result of poor seamanship. Most undersea infrastructure can also be attacked as a military objective in wartime. Peacetime adversaries or opposing belligerents during an armed conflict can easily damage undersea infrastructure to further their political, strategic, or wartime objectives. These incidents also highlight the inadequacy of coastal State authority under international law to take measures against foreign-flagged vessels intentionally …

Of Duty And Distress: Addressing Sea Slavery Through The Duty To Render Assistance, Austin Fullmer

International Law Studies

Sea slavery—men trapped in forced labor on board illegal, unreported, and unregulated (IUU) fishing vessels—exists across the world’s oceans. If confronted with sea slavery while conducting a boarding of a foreign-flagged IUU fishing vessel on the high seas, may a coastal State military officer free the victim? This article answers the question affirmatively, relying on the duty to render assistance under the international law of the sea. That duty requires all mariners who receive information that a person is in distress to proceed with all speed to assist the person in distress. In order to meet the definition of “distress,” …

What Next For Japan And The Republic Of Korea In The East China Sea? The Law Of The Sea Perspective, Makoto Seta, Vasco Becker-Weinberg

International Law Studies

In 1974, Japan and the Republic of Korea (RoK) concluded a joint development agreement concerning the continental shelf where their respective maritime claims overlapped. However, there has been no oil or gas production from the joint development zone. Therefore, after five decades of the agreement being in force, and because it can be unilaterally terminated after 2028, it is appropriate to consider what happens next for Japan and RoK in the East China Sea. Looking forward, the authors consider that the framework for post-2028 could take one of three forms: maintaining the status quo, terminating the joint development agreement, or …

Legal Considerations Relating To The Operation Of Submersible Craft Reflections On The Tragedy Of Titan : The U.S. Legislation As A Model, Ali Mohammad Mutleq Alghneimin

World Maritime University Dissertations

No abstract provided.

The South China Sea Arbitration After Eight Years: Its Implications For Jurisprudence And Third Parties, Yoshifumi Tanaka

International Law Studies

Even though eight years have passed since the issuance of the South China Sea arbitral award between the Republic of the Philippines and the People’s Republic of China, China has repeatedly claimed that the South China Sea arbitral award is null and void. Thus a question arises with regard to the legal consequences of the award in international law and international relations. The aim of this article is to consider this question by analyzing the impacts of the South China Sea arbitral award from three viewpoints: The impacts on the jurisdiction of an adjudicative body with regard to mixed disputes …

Maritime Autonomy And Liability: Navigating Uncharted Waters, Manal Cheema, Ariel Sarandinaki

International Law Studies

For centuries, people have voyaged the seas, structuring international and domestic law around the premise that people crew ships. However, that premise is no longer guaranteed as unmanned systems and vessels begin to embark on the waters. As the international community and U.S. legislators grapple with whether the law of the sea and domestic maritime law must adapt to accommodate the newest seafarers, it becomes evident that they need to be fully prepared to answer questions of liability and responsibility regarding unmanned vessels. This will become especially apparent when unmanned vessels collide with manned or other unmanned vessels. This article …

A Flexible Approach To Reach An Equitable Solution: The Application Of Principles To The Delimitation Of The Continental Shelf, Ángeles Jiménez García-Carriazo

International Law Studies

The delimitation of the continental shelf is an old exercise shaped by case law and State practice. Although every delimitation is unique, judicial practice has provided guidance about the principles to be applied in pursuit of an equitable solution. This article examines the guiding doctrines, the contemporary principles, and the emerging principles and rules in the delimitation of the continental shelf. It first analyzes the role of principles in continental shelf delimitation within two hundred nautical miles. Subsequently, it examines whether the same principles apply to the delimitation of the extended continental shelf, considering that the entitlement within two hundred …

Maritime Incidents In The South China Sea: Measures Of Law Enforcement Or Use Of Force?, Aurel Sari

International Law Studies

China has sought to extend its control over the South China Sea at the expense of neighboring countries. In pursuing its goals, Beijing adopts a “power and law” approach, claiming extensive territorial and maritime rights in contravention of the UN Convention on the Law of the Sea and asserting these rights through coercive action in disputed waters. A key element of China’s strategy involves the use of coast guard and maritime militia vessels in an effort to portray its operations as measures of law enforcement, rather than displays of coercive power.

This article argues that the Chinese narrative of law …

U.S. Freedom Of Navigation And Forward Presence Operations In The South China Sea And Taiwan Strait, October 2015 To July 2024, Raul (Pete) Pedrozo, James Kraska

International Law Studies

A tabular compilation of U.S. freedom of navigation and forward presence operations, including combined naval exercises and U.S. aircraft carrier operations, in the South China Sea and Taiwan Strait between October 2015 and July 2024. Prepared by Raul (Pete) Pedrozo & James Kraska.

Narrowing “The Gap”: Counter Gray Zone Operations, Raul (Pete) Pedrozo

International Law Studies

China is exploiting "The Gap" by conducting provocative Gray Zone operations to challenge its neighbors' sovereignty and sovereign rights, as well as their navigational rights and freedoms, in waters off their coast in the East China Sea, Taiwan Strait, and South China Sea. By engaging in malign activities that fall below the threshold of an "armed attack," China anticipates it can incrementally advance its interests without eliciting a military response from the targeted States. Diplomatic protests and third-party dispute settlement have not convinced China to halt its aggressive behavior. This article suggests States should use non-lethal counter-piracy tactics, techniques, and …

Unclos And The Law Of Occupation: On The Rights And Duties Of Occupying States In Maritime Areas, Louis Mcdonough 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 …

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

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

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, …