Law of the Sea Commons^™

Technology-Based Challenges To The Law Applicable To Trade Interdiction During Armed Conflict At Sea: The Law Of Naval Warfare And Convoy Operations, Rob Mclaughlin

International Law Studies

The practice of convoy involves the concentration of a group of merchant vessels under the control and direction of warships and military aircraft for the purpose of protecting it from belligerent capture or attack. The practice has often been described as obsolete, but asserting the demise of the convoy has been as regular as it has been premature. It is fitting that this operational practice be subject to an updated legal treatment and identification of new legal challenges. This article seeks to reassess the law applicable to convoys based on the consequences of certain post-1945 technological developments. It notes that …

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 …

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 …

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 …

Maritime Police Law Of The People’S Republic Of China, Raul (Pete) Pedrozo

International Law Studies

China’s new Maritime Police Law (MPL) purports to regulate the duties of China’s maritime police agencies, including the China Coast Guard, and safeguard China’s sovereignty, security, and rights and interest. The MPL has potentially far-reaching application, as China claims extensive maritime areas off its mainland and in the South China Sea. This expansive application of maritime law enforcement jurisdiction is problematic given that most of China’s maritime claims are inconsistent with international law. To the extent that the MPL purports to assert jurisdiction over foreign flagged vessels in disputed areas or on the high seas, it contravenes international law. Numerous …

An Incident In The South China Sea, Rob Mclaughlin

International Law Studies

This article assesses characterization issues under the law of the sea, through the medium of an International Law Studies “maritime situation.” The article begins with a hypothetical scenario concerning an incident between a NATO warship and PRC vessels near Subi Reef and Thitu Island in the South China Sea. The analysis then turns to how we might assess characterization issues under the law of the sea as they apply to this incident. The lenses of analysis employed are: (1) Where, in law of the sea terms, did the incident happen? (2) Who, employing a law of the sea characterization scheme, …

Japan’S 2015 Security Legislation: Challenges To Its Implementation Under International Law, Hitoshi Nasu

International Law Studies

Japan’s new security legislation, enacted on September 30, 2015 amid fierce debate over its constitutionality, is designed to enable a “seamless response” to any security situation that may arise. While public debate has been fixated on the re-interpretation of Article 9 of the Japanese Constitution, which underpins the theoretical foundation of this new legislation, there are also important international law issues that need to be addressed. After briefly reviewing the historical background leading to the adoption of the new security legislation and its contents, this article examines how the Self-Defense Force (SDF) can respond with the use of force to …

Full Volume 84: International Law And Military Operations (2008)

International Law Studies

No abstract provided.

Full Volume 83: Global Legal Challenges: Command Of The Commons, Strategic Communications, And Natural Disasters

International Law Studies

No abstract provided.

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

International Law Studies

No abstract provided.

Comparative Approaches To Security And Maritime Border Control, Dale Stephens

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

International Law Studies

No abstract provided.

The Proliferation Security Initiative In The Maritime Domain, Stuart Kaye

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

International Law Studies

No abstract provided.

Full Volume 79: International Law And The War On Terror

International Law Studies

No abstract provided.

The Applicability Of International Humanitarian Law And The Law Of Neutraility To The Kosovo Campaign, Christopher Greenwood

International Law Studies

No abstract provided.

Neutrality And Information Warfare, George K. Walker

International Law Studies

No abstract provided.

Table Of Contents (Volume 76)

International Law Studies

No abstract provided.

Full Volume 75: International Law Across The Spectrum Of Conflict

International Law Studies

No abstract provided.

Naval Blockade, Wolff Heintschel Von Heinegg

International Law Studies

No abstract provided.

Chapter Vi (The Tanker War And The Maritime Environment)

International Law Studies

No abstract provided.

Full Volume 74: The Tanker War, 1980-88: Law And Policy

International Law Studies

No abstract provided.

Chapter Ii: International Status And Navigation Of Warships And Military Aircraft

International Law Studies

No abstract provided.

Chapter Vii: The Law Of Neutrality

International Law Studies

No abstract provided.

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

International Law Studies

No abstract provided.

Table Of Contents (Volume 73)

International Law Studies

No abstract provided.

Introduction (Volume 72)

International Law Studies

No abstract provided.

Full Volume 72: Law Of Military Operations Liber Amicorum

International Law Studies

No abstract provided.