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Full-Text Articles in Law of the Sea

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.


Minelaying And The Impediment Of Passage Rights, Wolff Heintschel Von Heinegg Dec 2014

Minelaying And The Impediment Of Passage Rights, Wolff Heintschel Von Heinegg

International Law Studies

Since their first extensive use in the 1904–05 Russo-Japanese War naval mines have continued to pose a considerable threat to innocent shipping. States reacted by adopting the 1907 Hague Convention VIII, which has been the only international instrument on the matter to date. In view of the fact that more than 80 percent of imports and exports are shipped by sea, freedom of navigation and, in particular, transit and archipelagic sea lanes passage rights must be preserved to the greatest extent possible. The present article deals with the question of whether international rules and principles provide effective protection of international …


Military Activities In The Exclusive Economic Zone: East Asia Focus, Raul (Pete) Pedrozo Oct 2014

Military Activities In The Exclusive Economic Zone: East Asia Focus, Raul (Pete) Pedrozo

International Law Studies

In August 2014, a Chinese fighter aggressively intercepted a U.S. Navy surveillance plane over the South China Sea. This incident once again raises the issue of the legality of conducting military activities in and over the exclusive economic zone (EEZ) without coastal State notice or consent. All nations have a right under international law to conduct military activities in foreign EEZs. The article discusses the legal bases for conducting these activities and reviews some of the more prominent arguments used by States that purport to regulate such activities in the EEZ. It concludes that the right to engage in military …


The Bull In The China Shop: Raising Tensions In The Asia-Pacific Region, Raul (Pete) Pedrozo Feb 2014

The Bull In The China Shop: Raising Tensions In The Asia-Pacific Region, Raul (Pete) Pedrozo

International Law Studies

This paper examines the legality of China's recent endeavors to change the status quo in the Asia-Pacific region, specifically with respect to the announcement of an ADIZ over the East China Sea. The piece concludes with recommendations for potential U.S. responses.


Arctic Climate Change And U.S. Accession To The United Nations Convention On The Law Of The Sea, Raul (Pete) Pedrozo Dec 2013

Arctic Climate Change And U.S. Accession To The United Nations Convention On The Law Of The Sea, Raul (Pete) Pedrozo

International Law Studies

No abstract provided.


The Vulnerability Of Subsea Infrastructure To Underwater Attack: Legal Shortcomings And The Way Forward, Laurence Reza Wrathall Oct 2010

The Vulnerability Of Subsea Infrastructure To Underwater Attack: Legal Shortcomings And The Way Forward, Laurence Reza Wrathall

San Diego International Law Journal

This Article explores the vulnerability of submarine pipelines and cables to underwater subterfuge beyond territorial waters, particularly with regards to the emerging threat posed by unmanned vehicles in executing such mal intent. Next, it describes the legal status of this critical infrastructure before identifying shortcomings in legal protection from underwater attack. Finally, potential solutions are offered for the way forward.


Revisiting The Thames Formula: The Evolving Role Of The International Maritime Organization And Its Member States In Implementing The 1982 Law Of The Sea Convention, Craig H. Allen Mar 2009

Revisiting The Thames Formula: The Evolving Role Of The International Maritime Organization And Its Member States In Implementing The 1982 Law Of The Sea Convention, Craig H. Allen

San Diego International Law Journal

Despite the findings that marine casualty rates have "plummeted" and the safety record of the oil transport industry has "significantly improved," high visibility pollution incidents in the last decade like those involving the tankers Erika and Prestige off the coast of Europe, together with the chronic problems of illegal and unregulated fishing and dismal labor conditions for many seafarers led a United Nations-chartered consultative group of leading international organization representatives to conclude that there is an "urgent" need to improve State performance in the implementation and enforcement of the international maritime legal regime. There is less agreement, however, in how …


Conditions On Entry Of Foreign-Flag Vessels Into Us Ports To Promote Maritime Security, William D. Baumgartner, John T. Oliver Aug 2008

Conditions On Entry Of Foreign-Flag Vessels Into Us Ports To Promote Maritime Security, William D. Baumgartner, John T. Oliver

International Law Studies

No abstract provided.


Table Of Contents (Volume 84) Aug 2008

Table Of Contents (Volume 84)

International Law Studies

No abstract provided.


Introduction (Volume 84) Aug 2008

Introduction (Volume 84)

International Law Studies

No abstract provided.


The Influence Of Law On Sea Power Doctrines: The New Maritime Strategy And The Future Of The Global Legal Order, Craig H. Allen Aug 2008

The Influence Of Law On Sea Power Doctrines: The New Maritime Strategy And The Future Of The Global Legal Order, Craig H. Allen

International Law Studies

No abstract provided.


Encroachment On Navigational Freedoms, Raul (Pete) Pedrozo Aug 2008

Encroachment On Navigational Freedoms, Raul (Pete) Pedrozo

International Law Studies

No abstract provided.


China And The Law Of The Sea: An Update, Guifang Xue Aug 2008

China And The Law Of The Sea: An Update, Guifang Xue

International Law Studies

No abstract provided.


The 1982 United Nations Convention Of The Law Of The Sea: A Historical Perspective On Prospects For Us Accession, Horace B. Robertson Jr. Aug 2008

The 1982 United Nations Convention Of The Law Of The Sea: A Historical Perspective On Prospects For Us Accession, Horace B. Robertson Jr.

International Law Studies

No abstract provided.


The Unvarnished Truth: The Debate On The Law Of The Sea Convention, William L. Schachte Jr. Aug 2008

The Unvarnished Truth: The Debate On The Law Of The Sea Convention, William L. Schachte Jr.

International Law Studies

No abstract provided.


Conflicts Between United Nations Security Council Resolutions And The 1982 United Nations Convention On The Law Of The Sea, And Their Possible Resolution, Robin R. Churchill Aug 2008

Conflicts Between United Nations Security Council Resolutions And The 1982 United Nations Convention On The Law Of The Sea, And Their Possible Resolution, Robin R. Churchill

International Law Studies

No abstract provided.


Maritime Domain Awareness: The Key To Maritime Security, Joseph L. Nimmich, Dana A. Goward Aug 2007

Maritime Domain Awareness: The Key To Maritime Security, Joseph L. Nimmich, Dana A. Goward

International Law Studies

No abstract provided.


Global Commons And The Role For Intelligence, Lowell E. Jacoby Aug 2007

Global Commons And The Role For Intelligence, Lowell E. Jacoby

International Law Studies

No abstract provided.


Command Of The Commons Boast: An Invitation To Lawfer?, Craig H. Allen Aug 2007

Command Of The Commons Boast: An Invitation To Lawfer?, Craig H. Allen

International Law Studies

No abstract provided.


Threats From The Global Commons: Problems Of Jurisdiction And Enforcement, Stuart Kaye Aug 2007

Threats From The Global Commons: Problems Of Jurisdiction And Enforcement, Stuart Kaye

International Law Studies

No abstract provided.


Actual And Future Threats Emaniting From The Commons: A Chiliean Approach, Francisca Moller, Jorge Balaresque Aug 2007

Actual And Future Threats Emaniting From The Commons: A Chiliean Approach, Francisca Moller, Jorge Balaresque

International Law Studies

No abstract provided.


Security In The Strait Of Malacca And The Regional Maritime Security Initiative: Responses To The Us Personnal, Yann-Huei Song Aug 2007

Security In The Strait Of Malacca And The Regional Maritime Security Initiative: Responses To The Us Personnal, Yann-Huei Song

International Law Studies

No abstract provided.


Comparative Approaches To Security And Maritime Border Control, Dale Stephens Oct 2006

Comparative Approaches To Security And Maritime Border Control, Dale Stephens

International Law Studies

No abstract provided.


The Proliferation Security Initiative: Security Vs. Freedom Of Navigation?, Wolff Heintschel Von Heinegg Oct 2006

The Proliferation Security Initiative: Security Vs. Freedom Of Navigation?, Wolff Heintschel Von Heinegg

International Law Studies

No abstract provided.


Limits On The Use Of Force In Maritime Operations In Support Of Wmd Counter-Proliferation Initiatives, Craig H. Allen Oct 2006

Limits On The Use Of Force In Maritime Operations In Support Of Wmd Counter-Proliferation Initiatives, Craig H. Allen

International Law Studies

No abstract provided.


The Proliferation Security Initiative In The Maritime Domain, Stuart Kaye Oct 2006

The Proliferation Security Initiative In The Maritime Domain, Stuart Kaye

International Law Studies

No abstract provided.


Full Volume 81: International Law Challenges: Homeland Security And Combating Terrorism Oct 2006

Full Volume 81: International Law Challenges: Homeland Security And Combating Terrorism

International Law Studies

No abstract provided.


Current Legal Issues In Maritime Operations: Maritime Interception Operations In The Global War On Terrorism, Exclusion Zones, Hospital Ships, And Maritime Neutrality, Wolff Heintschel Von Heinegg May 2006

Current Legal Issues In Maritime Operations: Maritime Interception Operations In The Global War On Terrorism, Exclusion Zones, Hospital Ships, And Maritime Neutrality, Wolff Heintschel Von Heinegg

International Law Studies

No abstract provided.


Military Activities In The Exclusive Economic Zone: Preventing Uncertainty And Defusing Conflict, Hyun-Soo Kim May 2006

Military Activities In The Exclusive Economic Zone: Preventing Uncertainty And Defusing Conflict, Hyun-Soo Kim

International Law Studies

No abstract provided.


The Legal Efficacy Of Freedom Of Navigation Assertions, Dale Stephens May 2006

The Legal Efficacy Of Freedom Of Navigation Assertions, Dale Stephens

International Law Studies

No abstract provided.