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Full-Text Articles in Law of the Sea
China’S Container Missile Deployments Could Violate The Law Of Naval Warfare, Raul (Pete) Pedrozo
China’S Container Missile Deployments Could Violate The Law Of Naval Warfare, Raul (Pete) Pedrozo
International Law Studies
China is reportedly developing long-range cruise missiles that can be fired from standard shipping containers loaded on merchant vessels. China is also converting heavy-lift civilian ships and roll-on roll-off (RORO) ferries to serve as de facto amphibious assault ships to support People’s Liberation Army (PLA) amphibious operations. While none of these activities are illegal per se, they do raise potential concerns under the law of naval warfare. Only warships can engage in offensive belligerent rights during an international armed conflict. Using merchant vessels to engage in belligerent rights would violate international law unless China first converts the vessels into warships …
Dprk Maritime Sanctions Enforcement, Raul (Pete) Pedrozo
Dprk Maritime Sanctions Enforcement, Raul (Pete) Pedrozo
International Law Studies
The Democratic People’s Republic of Korea (DPRK) has been under U.N. sanctions since 2006 to dissuade the DPRK from continuing its nuclear weapons and ballistic missile programs. Nonetheless, the DPRK has evaded these sanctions, particularly through unlawful ship-to-ship transfers of refined petroleum products and coal. DPRK sanctions evasion, particularly as it relates to maritime activities, remains a critical issue that allows the DRPK government to continue its pursuit of nuclear weapons and its testing and amassment of ballistic missiles. Given the DPRK’s use of maritime tactics to evade sanctions, maritime interdiction is the most effective way to counter illicit DPRK …
Intelligence Gathering In The Exclusive Economic Zone, Efthymios Papastavridis
Intelligence Gathering In The Exclusive Economic Zone, Efthymios Papastavridis
International Law Studies
The article explores the contours of intelligence gathering in the Exclusive Economic Zone (EEZ) under the international law of the sea. Intelligence gathering in the maritime domain is significant for military and law enforcement purposes and for both coastal States and other States. Intelligence gathering attains even more prominence in the EEZ due to the sensitive location and importance of resources to the coastal State, while the sui generis legal nature of this zone adds further complexity to this inquiry. Indeed, the law of the sea, as reflected in the Law of the Sea Convention, neither explicitly prohibits nor permits …
Space Weapons And The Law, Bill Boothby
Space Weapons And The Law, Bill Boothby
International Law Studies
Outer space is of vital importance for numerous civilian and military functions in the modern world. The idea of a space weapon involves something used, intended or designed for employment in, to or from outer space to cause injury or damage to the enemy during an armed conflict. Non-injurious, non-damaging space activities that adversely affect enemy military operations or capacity, though not involving the use of weapons, will nevertheless be methods of warfare. Article III of the Outer Space Treaty makes it clear that international law, including weapons law, applies in outer space. Accordingly, the superfluous injury/unnecessary suffering and indiscriminate …
Combat Losses Of Nuclear-Powered Warships: Contamination, Collateral Damage And The Law, Akira Mayama
Combat Losses Of Nuclear-Powered Warships: Contamination, Collateral Damage And The Law, Akira Mayama
International Law Studies
There have been non-combat losses of nuclear-powered warships during sea trials and peacetime patrol missions. Nuclear contamination is spreading from some of these sinking sites. It is also conceivable that combat losses of nuclear-powered warships could cause contamination of civilians, civilian objects and the natural environment. If such combat losses occur at sea, both belligerent and neutral States will have to deal with a difficult question: to what extent and by who can harm resulting from such contamination be compensated for payment of damages. This article examines legal issues stemming from prospective combat losses of nuclear-powered warships from the perspectives …
Regulation-Tolerant Weapons, Regulation-Resistant Weapons And The Law Of War, Sean Watts
Regulation-Tolerant Weapons, Regulation-Resistant Weapons And The Law Of War, Sean Watts
International Law Studies
The historical record of international weapons law reveals both regulation-tolerant weapons and regulation-resistant weapons, identifiable by a number of criteria, including effectiveness, novelty, deployment, medical compatibility, disruptiveness and notoriety. This article identifies these criteria both to explain and inform existing weapons law, and also to facilitate efforts to identify weapons and emerging technology that may prove susceptible to future law of war regulation. By charting both the history and methodology of weapons law with a view toward identifying forces and influences that have made some weapons susceptible to international regulation and made others resistant, this article offers a starting point …
Emerging Technologies And Loac Signaling, Eric Talbot Jensen
Emerging Technologies And Loac Signaling, Eric Talbot Jensen
International Law Studies
As States seek to weaponize new technologies such as robotics, cyber tools and nanotechnology, the current law of armed conflict (LOAC) that guides the employment of existing weapons will signal rules and principles that should guide national decisions on what new technologies to weaponize and how to do so in a way that ensures compliance with battlefield regulation. LOAC has served this "signaling" function historically with respect to innovative weapon systems such as balloons, submarines, airplanes, and nuclear weapons, and will continue to do so as nations look forward to potentially weaponizing emerging technologies.
Emerging Technology And Perfidy In Armed Conflict, Ian Henderson, Jordan Den Dulk, Angeline Lewis
Emerging Technology And Perfidy In Armed Conflict, Ian Henderson, Jordan Den Dulk, Angeline Lewis
International Law Studies
The rule against perfidy in armed conflict—one of the last echoes of honor and social order of war—is threatened by emerging technologies. Specifically, the employment of emerging technologies has muddied the already thin and grey line between acts which contravene the honor of warfare and legitimate ruses of war. In this article, the authors analyze perfidy, treachery and ruses of war as key concepts of international humanitarian law and consider their application to emerging technologies.
Full Volume 84: International Law And Military Operations (2008)
Full Volume 84: International Law And Military Operations (2008)
International Law Studies
No abstract provided.
Toward 2015, Challenges For A Medium Navy: An Australian Perspective, Raydon Gates
Toward 2015, Challenges For A Medium Navy: An Australian Perspective, Raydon Gates
International Law Studies
No abstract provided.
Future Navies - Present Issues, Jane G. Dalton
Future Navies - Present Issues, Jane G. Dalton
International Law Studies
No abstract provided.
Full Volume 80: Issues In International Law And Military Operations
Full Volume 80: Issues In International Law And Military Operations
International Law Studies
No abstract provided.
The Applicability Of International Humanitarian Law And The Law Of Neutraility To The Kosovo Campaign, Christopher Greenwood
The Applicability Of International Humanitarian Law And The Law Of Neutraility To The Kosovo Campaign, Christopher Greenwood
International Law Studies
No abstract provided.
Full Volume 75: International Law Across The Spectrum Of Conflict
Full Volume 75: International Law Across The Spectrum Of Conflict
International Law Studies
No abstract provided.
Making Law Of War Treaties: Lessons From Submarine Warfare Regulation, Hays W. Parks
Making Law Of War Treaties: Lessons From Submarine Warfare Regulation, Hays W. Parks
International Law Studies
No abstract provided.
Chapter Iv: Safeguarding Of U.S. National Interests In The Maritime Environment
Chapter Iv: Safeguarding Of U.S. National Interests In The Maritime Environment
International Law Studies
No abstract provided.
Chapter Ix: Conventional Weapons And Weapons Systems
Chapter Ix: Conventional Weapons And Weapons Systems
International Law Studies
No abstract provided.
Chapter Ii: International Status And Navigation Of Warships And Military Aircraft
Chapter Ii: International Status And Navigation Of Warships And Military Aircraft
International Law Studies
No abstract provided.
Chapter Vii: The Law Of Neutrality
Chapter Xi: Noncombatant Persons
Chapter X: Nuclear, Chemical, And Biological Weapons
Chapter X: Nuclear, Chemical, And Biological Weapons
International Law Studies
No abstract provided.
Chapter Viii: The Law Of Targeting
Chapter Vi: Adherence And Enforcement
Chapter V: Principles And Sources Of The Law Of Armed Conflict
Chapter V: Principles And Sources Of The Law Of Armed Conflict
International Law Studies
No abstract provided.
Chapter Iii: Protection Of Persons And Property At Sea And Maritime Law Enforcement
Chapter Iii: Protection Of Persons And Property At Sea And Maritime Law Enforcement
International Law Studies
No abstract provided.
Full Volume 73: The Commander's Handbook On The Law Of Naval Operations
Full Volume 73: The Commander's Handbook On The Law Of Naval Operations
International Law Studies
No abstract provided.
Chapter I: Legal Divisions Of The Oceans And Airspace
Chapter I: Legal Divisions Of The Oceans And Airspace
International Law Studies
No abstract provided.
Full Volume 72: Law Of Military Operations Liber Amicorum
Full Volume 72: Law Of Military Operations Liber Amicorum
International Law Studies
No abstract provided.
The U.S. Freedom Of Navigation Program, Procedure, And Future, Dennis Mandsager
The U.S. Freedom Of Navigation Program, Procedure, And Future, Dennis Mandsager
International Law Studies
No abstract provided.