Maritime Security and the Law of the Sea

Author: Natalie Klein

Publisher: OUP Oxford

ISBN: 0191652857

Category: Law

Page: 384

View: 9262

Maritime Security and the Law of the Sea examines the rights and duties of states across a broad spectrum of maritime security threats. It provides comprehensive coverage of the different dimensions of maritime security in order to assess how responses to maritime security concerns are, and should be, shaping the law of the sea. The discussion canvasses passage of military vessels and military activities at sea, law enforcement activities across the different maritime zones, information sharing and intelligence gathering, as well as armed conflict and naval warfare. In doing so, this book not only addresses traditional security concerns for naval power but also examines responses to contemporary maritime security threats, such as terrorism, weapons of mass destruction, piracy, drug-trafficking, environmental damage and illegal fishing. While the protection of sovereignty and national interests remain fundamental to maritime security and the law of the sea, there is increasing acceptance of a common interest that exists among states when seeking to respond to a variety of modern maritime security threats. It is argued that security interests should be given greater scope in our understanding of the law of the sea in light of the changing dynamics of exclusive and inclusive claims to ocean use. More flexibility may be required in the interpretation and application of the UN Convention on the Law of the Sea if appropriate responses to ensure maritime security are to be allowed.
Posted in Law

The Law of Maritime Blockade

Past, Present, and Future

Author: Phillip Drew

Publisher: Oxford University Press

ISBN: 0198808437

Category: Law

Page: 210

View: 4844

Although appearing to be a relatively benign method of warfare when viewed from a distance, a close examination of maritime blockade unveils a sinister character that can, in cases where countries are highly reliant on imports of foodstuffs to feed their populations, prove incredibly deadly, particularly for the young and elderly. This book is unique in that it is the only contemporary book that is dedicated to the study of the law of maritime blockade in the context of modern humanitarian law. Reviewing the development of blockade law over the past four centuries, The Law of Maritime Blockade provides a historical analysis of the law as it emerged, tracing its evolution through armed conflicts between 1684 and the present. Referring to the starvation caused by the blockade of Germany during World War I and the humanitarian crisis caused by the sanctions regime against Iraq (1991-2003), this book demonstrates that blockade can have extremely deleterious effects for vulnerable civilian populations. In this context the current law of blockade is examined, and found to be deficient in terms of its protection for civilians. Recognizing and advocating that blockade should remain as a valid and effective method of warfare, the book offers a template for a modern law of blockade maritime blockade that incorporates many of the traditional aspects of the law, while reducing the possibilities that blockades can cause or exacerbate humanitarian disasters.
Posted in Law

The Oxford Handbook of the Law of the Sea

Author: Donald R. Rothwell,Alex G. Oude Elferink,Tim Stephens,Karen N. Scott

Publisher: Oxford University Press, USA

ISBN: 019871548X

Category: Law

Page: 997

View: 2223

Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. This Oxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. The Handbook consists of forty chapters divided into six parts. First, it explains the origins and evolution of the law of the sea, with a particular focus upon the role of key publicists such as Hugo Grotius and John Selden, the gradual development of state practice, and the creation of the 1982 UN Convention. It then reviews the components which comprise the maritime domain, assessing their definition, assertion, and recognition. It also analyses the ways in which coastal states or the international community can assert control over areas of the sea, and the management and regulation of each of the maritime zones. This includes investigating the development of the mechanisms for maritime boundary delimitation, and the decisions of the International Tribunal for the Law of the Sea. The Handbook also discusses the actors and intuitions that impact on the law of the sea, considering their particular rights and interests, in particular those of state actors and the principle law of the sea institutions. Then it focuses on operational issues, investigating longstanding matters of resource management and the integrated oceans framework. This includes a discussion and assessment of the broad and increasingly influential integrated oceans management governance framework that interacts with the traditional law of the sea. It considers six distinctive regions that have been pivotal to the development of the law of the sea, before finally providing a detailed analysis of the critical contemporary issues facing the law of the sea. These include threatened species, climate change, bioprospecting, and piracy. The Handbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.
Posted in Law

The International Law of the Sea

Author: Donald R. Rothwell,Tim Stephens

Publisher: Bloomsbury Publishing

ISBN: 1782256857

Category: Law

Page: 528

View: 9389

The law of the sea provides for the regulation, management and governance of the ocean spaces that cover over two-thirds of the Earth's surface. This book provides a contemporary explanation of the foundational principles of the law of the sea, a critical overview of the 1982 United Nations Convention on the Law of the Sea and an analysis of subsequent developments including the many bilateral, regional and global agreements that supplement the Convention. The second edition of this acclaimed text takes as its focus the rules and institutions established by the Convention on the Law of the Sea and places the achievements of the Convention in both historical and contemporary context. All of the main areas of the law of the sea are addressed including the foundations and sources of the law, the nature and extent of the maritime zones, the delimitation of overlapping maritime boundaries, the place of archipelagic and other special states in the law of the sea, navigational rights and freedoms, military activities at sea, and marine resource and conservation issues such as fisheries, marine environmental protection and dispute settlement. As the Convention is now well over a quarter of a century old, the book takes stock of contemporary oceans issues that are not adequately addressed by the Convention. Overarching challenges facing the law of the sea are considered, including how new maritime security initiatives can be reconciled with traditional navigational rights and freedoms, and the need for stronger legal and policy responses to protect the global ocean environment from climate change and ocean acidification.
Posted in Law

International Law and the Protection of People at Sea

Author: Irini Papanicolopulu

Publisher: Oxford University Press

ISBN: 0192506463

Category: Law

Page: 288

View: 1010

Media interest in the fates of people at sea has heightened across the last decade. The attacks and the hostage taking of victims by Somali pirates, and the treatment of migrants and asylum seekers in the Mediterranean, ask pressing questions, as does the sinking of the Costa Concordia off the Italian island of Giglio which, one hundred years after the Titanic capsized, reminded the world that, despite modern navigation systems and technology, shipping is still fallible. Do pirates have human rights? Can migrants at sea be turned back to the State from which they have sailed? How can the crews of vessels be protected against inhuman and degrading working and living conditions? And are States liable under international human rights treaties for arresting drug traffickers on the high seas? The first text to comprehensively compare the legal rights of different people at sea, Irini Papanicolopulu's timely text argues that there is an overarching duty of the state to protect people at sea and adopt all necessary acts with a view towards ensuring enjoyment of their rights. Rather than being in doubt, she reveals that the emerging law in this area is watertight.
Posted in Law

Bangladesh’s Maritime Policy

Entwining Challenges

Author: Abul Kalam

Publisher: Routledge

ISBN: 0429883536

Category: Social Science

Page: 234

View: 8002

Following successive international legal verdicts, Bangladesh is now an accredited maritime state. Possessing a spacious territorial sea and an extended continental shelf, with a maritime zone almost equalling its land borders, a ‘window of opportunity’ has opened for the country to realise its developmental aspirations. Yet, it faces numerous challenges, many of which are entwined. This book is a detailed analysis of Bangladesh’s maritime strategy. It charts the country’s maritime legacies, including disputes with both Myanmar and India and analyses the contributions of the leadership in the maritime territorial gains. The author examines Bangladesh’s need to consolidate these newly reclaimed gains, whilst exploring the unremitting interest of major global power players in maintaining maritime resource exploitation, navigation and security. Finally, the author demonstrates how the country needs to embrace the notional principles of sustainable development of its ocean economy to utilize its resources and how it has since been coming to grips with the emerging concept of "blue economy" to enhance its enduring national development. The first systematic study on Bangladesh’s maritime policy and the country’s importance in the emerging geopolitical rivalry in the Indian Ocean, this book will be of interest to academics in the field of South Asian and Indian Ocean politics.
Posted in Social Science

Maritime Power and the Law of the Sea:

Expeditionary Operations in World Politics

Author: James Kraska

Publisher: Oxford University Press

ISBN: 019987767X

Category: Law

Page: 484

View: 1109

In Maritime Power and the Law of the Sea: Expeditionary Operations in World Politics, Commander James Kraska analyzes the evolving rules governing freedom of the seas and their impact on expeditionary operations in the littoral, near-shore coastal zone. Coastal state practice and international law are developing in ways that restrict naval access to the littorals and associated coastal communities and inshore regions that have become the fulcrum of world geopolitics. Consequently, the ability of naval forces to project expeditionary power throughout semi-enclosed seas, exclusive economic zones (EEZs) and along the important sea-shore interface is diminishing and, as a result, limiting strategic access and freedom of action where it is most needed. Commander Kraska describes how control of the global commons, coupled with new approaches to sea power and expeditionary force projection, has given the United States and its allies the ability to assert overwhelming sea power to nearly any area of the globe. But as the law of the sea gravitates away from a classic liberal order of the oceans, naval forces are finding it more challenging to accomplish the spectrum of maritime missions in the coastal littorals, including forward presence, power projection, deterrence, humanitarian assistance and sea control. The developing legal order of the oceans fuses diplomacy, strategy and international law to directly challenge unimpeded access to coastal areas, with profound implications for American grand strategy and world politics.
Posted in Law

Saving the Oceans Through Law

The International Legal Framework for the Protection of the Marine Environment

Author: James Harrison

Publisher: Oxford University Press

ISBN: 0198707320

Category: Law

Page: 300

View: 9870

The oceans cover more than seventy per cent of the surface of the planet and they provide many vital ecosystem services. However, the health of the world's oceans has been deteriorating over the past decades and the protection of the marine environment has emerged as one of the most pressing legal and political challenges for the international community. An effective solution depends upon the cooperation of all states towards achieving agreed objectives. This book provides a critical assessment of the role that international law plays in this process, by explaining and evaluating the various legal instruments that have been negotiated in this area, as well as key trends in global ocean governance. Starting with a detailed analysis of the United Nations Convention on the Law of the Sea, the book considers the main treaties and other legal texts that seeks to prevent, reduce, and control damage to the marine environment caused by navigation, seabed exploitation, fishing, dumping, and land-based activities, as well as emerging pressures such as ocean noise and climate change. The book demonstrates how international institutions have expanded their mandates to address a broader range of marine environmental issues, beyond basic problems of pollution control to include the conservation of marine biological diversity and an ecosystems approach to regulation. It also discusses the development of diverse regulatory tools to address anthropogenic impacts on the marine environment and the extent to which states have adopted a precautionary approach in different maritime sectors. Whilst many advances have been made in these matters, this book highlights the need for greater coordination between international institutions, as well as the desirability of developing stronger enforcement mechanisms for international environmental rules.
Posted in Law

The International Minimum Standard and Fair and Equitable Treatment

Author: Martins Paparinskis

Publisher: Oxford University Press

ISBN: 0199694508

Category: Business & Economics

Page: 275

View: 5505

Investment protection treaties generally include, in one form or another, the obligation to treat investments fairly and equitably. This book examines the relationship between this obligation and the minimum standard that can be found in customary international law, tracing the history of both concepts, their differences and similarities.
Posted in Business & Economics

The Oxford Handbook of the History of International Law

Author: Bardo Fassbender,Anne Peters,Simone Peter

Publisher: OUP Oxford

ISBN: 019163252X

Category: Law

Page: 1272

View: 8641

The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as 'encounters' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of 'interaction or imposition' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled "People in Portrait", which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht. The Handbook will be an invaluable resource for students and scholars of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It is the standard reference work for the global history of international law.
Posted in Law

Complicity in International Law

Author: Miles Jackson

Publisher: OUP Oxford

ISBN: 0191056758

Category: Law

Page: 272

View: 8454

This book examines how international law prohibits state and individual complicity. Complicity is a derivative form of responsibility that links an accomplice to the wrongdoing of a principal actor. Whenever a legal system prohibits complicity, it must address certain questions as to the content and structure of the rules. To understand how international law answers these questions, this book proposes an analytical framework in which complicity rules may be assessed and defends a normative claim as to how they should be structured. Anchored by this framework and normative claim, this book shows that international criminal law regulates individual complicity in a comprehensive way, using the doctrines of instigation and aiding and abetting to inculpate complicit participants in international crimes. By contrast, international law's regulation of state complicity was historically marked by an absence of complicity rules. This is changing. In respect of state complicity in the wrongdoing of another state, international law now imposes both specific and general complicity obligations, the latter prohibiting states from aiding or assisting another state in the commission of any internationally wrongful act. In respect of the ways that states participate in harms caused by non-state actors, the traditional normative structure of international law, which imposed obligations only on states, foreclosed the possibility of prohibiting the state's participation as a form of complicity. As that traditional normative structure has evolved, so the possibility of holding states responsible for complicity in the wrongdoing of non-state actors has emerged. More and more, both the wrongs that international actors commit, and the wrongs they help or encourage others to commit, matter.
Posted in Law

Marine Mammal Conservation and the Law of the Sea

Author: Cameron S. G. Jefferies,John Norton Moore

Publisher: Oxford University Press

ISBN: 0190493143

Category: Law of the sea

Page: 424

View: 7263

Based on author's thesis (doctoral - University of Virginia, 2014).
Posted in Law of the sea

The Handbook of the International Law of Military Operations

Author: Terry D. Gill,Dieter Fleck

Publisher: Oxford University Press

ISBN: 0198744625

Category: Intervention (International law)

Page: 816

View: 2268

The second edition of this well received handbook provides a comprehensive overview and annotated commentary of those areas of international law most relevant to the planning and conduct of military operations. It covers a wide scope of military operations, ranging from operations conducted under UN Security Council mandate to (collective) self-defense and consensual and humanitarian operations and identifies the relevant legal bases and applicable legal regimes governing the application of force and treatment of persons during such operations. It also devotes attention to the law governing the status of forces, military use of the sea and airspace and questions of international (criminal) responsibility for breaches of international law. New developments such as cyber warfare and controversial aspects of law in relation to contemporary operations, such as targeted killing of specific individuals are discussed and analyzed, alongside recent developments in more traditional types of operations, such as peacekeeping and naval operations. The book is aimed at policy officials, commanders and their (military) legal advisors who are involved with the planning and conduct of any type of military operation and is intended to complement national and international policy and legal guidelines and assist in identifying and applying the law to ensure legitimacy and contribute to mission accomplishment. It likewise fulfils a need in pertinent international organizations, such as the UN, NATO, Regional Organizations, and NGOs. It also serves as a comprehensive work of reference to academics and is suitable for courses at military staff colleges, academies and universities, which devote attention to one or more aspects of international law treated in the book. This mix of intended users is reflected in the contributors who include senior (former) policy officials and (military) legal advisors, alongside academics engaged in teaching and research in these areas of international law.
Posted in Intervention (International law)

International Maritime Security Law

Author: James Kraska,Raul Pedrozo

Publisher: Martinus Nijhoff Publishers

ISBN: 9004233571

Category: Law

Page: 968

View: 8780

International Maritime Security Law, by James Kraska and Raul Pedrozo, defines an emerging interdisciplinary field of law and policy comprised of norms, legal regimes, and rules to address today's hybrid threats to the global order of the oceans
Posted in Law

Relevant circumstances and maritime delimitation

Author: Malcolm David Evans

Publisher: Oxford University Press, USA

ISBN: N.A

Category: Business & Economics

Page: 257

View: 3760

Focusing on the role that "relevant circumstances" have come to play within the area of maritime boundary delimitation, this book examines the conceptual basis of seabed jurisdiction and the historical development of delimitation criteria as well as the factors associated with continental shelf and EEZ delimitation.
Posted in Business & Economics

Institutionalizing State Responsibility

Author: Vincent-Joël Proulx

Publisher: Oxford University Press

ISBN: 0199680396

Category: Government liability (International law)

Page: 400

View: 7166

Since the 9/11 attacks, international organizations have become actively engaged in devising counterterrorism strategies and frameworks. This monograph examines the role UN organs can play in implementing the law of State responsibility in global security contexts, using transnational terrorism as its principal case study. The institutional mechanisms utilized by the UN in implementing State responsibility are assessed in detail, shedding light on how the ICJ, the General Assembly and the Security Council contribute to the implementation of State responsibility in the context of global security. By acknowledging the Security Council's role as a post-9/11 legislator, this book argues that the Council can play an important and sometimes determinant role in implementing a State's legal responsibility for failing to prevent terrorism, both inside and outside the Chapter VII framework. Featuring a discussion of the more controversial consequences flowing from State responsibility, this monograph also explores the prospect of injured States adopting forcible measures against responsible States for their failures to prevent terrorism. The book investigates whether self-defense and other forcible reactions, envisaged both inside and outside the Council, can be reconciled with State responsibility principles.
Posted in Government liability (International law)

The IMLI Treatise On Global Ocean Governance

Author: David Ong,Dino Kritsiotis,David Attard

Publisher: Oxford University Press

ISBN: 0192557475

Category: Law

Page: 464

View: 3327

In 1994, a long debated compromise on the issue of seabed mining became the starting pistol for the development of modern ocean law and its complex interrelations. Now, over twenty years later, the framework set by such agreements as the 1982 UN Convention on the Law of the Sea has been expanded to cover contemporary concerns of environmental sustainability, economic development, social justice, human rights, security, marine pollution, and even the challenges of climate change. Yet the journey is not smooth. This book forms part of a three volume series that examines the more successful ocean law schemes and the less effective, and presses the need for change, as scientific and technological innovation, the surge in human population, and pressing moral concerns open new spaces for ocean law. In the first volume in the series the focus is on the United Nations and its legal structures: what is its history in ocean governance, are UN institutions capable of handling the challenges they face, and do legal structures need to be expanded to truly realize the ambition of a global ocean governance system?
Posted in Law

The Interception of Vessels on the High Seas

Contemporary Challenges to the Legal Order of the Oceans

Author: Efthymios Papastavridis

Publisher: Bloomsbury Publishing

ISBN: 1782250859

Category: Law

Page: 402

View: 6880

The principal aim of this book is to address the international legal questions arising from the 'right of visit on the high seas' in the twenty-first century. This right is considered the most significant exception to the fundamental principle of the freedom of the high seas (the freedom, in peacetime, to remain free of interference by ships of another flag). It is this freedom that has been challenged by a recent significant increase in interceptions to counter the threats of international terrorism and WMD proliferation, or to suppress transnational organised crime at sea, particularly the trafficking of narcotics and smuggling of migrants. The author questions whether the principle of non-interference has been so significantly curtailed as to have lost its relevance in the contemporary legal order of the oceans. The book begins with an historical and theoretical examination of the framework underlying interception. This historical survey informs the remainder of the work, which then looks at the legal framework of the right of visit, contemporary challenges to the traditional right, interference on the high seas for the maintenance of international peace and security, interferences to maintain the 'bon usage' of the oceans (navigation and fishing), piracy j'ure gentium'and current counter-piracy operations off the coast of Somalia, the problems posed by illegal, unregulated and unreported fishing, interdiction operations to counter drug and people trafficking, and recent interception operations in the Mediterranean Sea organised by FRONTEX.
Posted in Law

Maritime Security Issues in the South China Sea and the Arctic: Sharpened Competition or Collaboration?

Author: 侯秉东,洪农

Publisher: 中国民主法制出版社

ISBN: 7516200360

Category: Political Science

Page: 326

View: 9289

北冰洋和南海近期来的海洋争端发展受到了世界的瞩目。不管是从地缘政治、安全战略抑或航行自由及国际航运的角度来看,两个海域都占据了非常重要的地位。该书从五个方面解读北冰洋和南海的海洋安全。第一部分介绍北冰洋和南海的地缘政治和争端的近期发展动态;第二部分主要介绍北冰洋和南海争端的法律问题;第三部分介绍与北冰洋和南海有关的航行和国际航运问题;第四部分从中、加、美三国的海军战略角度探讨这两个海域的重要性;第五部分探讨这两个海域潜在的挑战和合作机会。
Posted in Political Science

Economic, Social, and Cultural Rights in Armed Conflict

Author: Gilles Giacca

Publisher: OUP Oxford

ISBN: 0191026913

Category: Law

Page: 414

View: 1933

This book addresses the international legal obligation to protect economic, social, and cultural human rights in times of armed conflict and other situations of armed violence. These rights provide guarantees to individuals of their fundamental rights to work, to an adequate standard of living (food, water, housing), to education, and to health. Armed violence can take many forms, from civil unrest or protest and other forms of internal disturbances and tensions to higher levels of violence that may amount to armed conflict, whether of an international or of a non-international character. However, in all such cases the protection of ESC rights is sorely challenged. Situations of actual or potential violence present a number of challenges to the application and implementation of human rights law in general and socio-economic rights obligations more specifically. This book sets out the legal framework, defining what constitutes a minimum universal standard of human rights protection applicable in all circumstances. It assesses the concept and content of ESC rights' obligations, and evaluates how far they can be legally applicable in various scenarios of armed violence. By looking at the specific human rights treaty provisions, it discusses how far ESC rights obligations can be affected by practical and legal challenges to their implementation. The book addresses the key issues facing the protection of such rights in times of armed conflict: the legal conditions to limit ESC rights on security grounds, including the use of force; the extraterritorial applicability of international human rights treaties setting out ESC rights; the relationship between human rights law and international humanitarian law; and the obligations of non-state actors under human rights law and with particular relevance to the protection of ESC rights. The book assesses the nature of these potential challenges to the protection of ESC rights, and offers solutions to reinforce their continued application.
Posted in Law