Military Activities in the Exclusive Economic Zone: Preventing Uncertainty and Defusing Conflict

Military Activities in the Exclusive Economic Zone: Preventing Uncertainty and Defusing Conflict
Author:
Publisher:
Total Pages: 50
Release: 2002
Genre:
ISBN:

This article examines the issue of military activities in the Exclusive Economic Zone from various perspectives: from the perspective of customary international law versus the United Nations Convention on the Law of the Sea; and from the perspective of coastal nations versus maritime nations. This article suggests that to depend only on the dispute resolution mechanisms of the Law of the Sea Convention is to invite ongoing strife as these mechanisms cannot adequately address military activities in the EEZ. It argues for continued international dialogue as a primary means to resolve these issues and suggests that the maritime nations, especially the United States, focus more intently on developing useful modalities to better establish that the balance of rights in the EEZ encompasses military activities in the EEZs of coastal States.

Unresolved Issues And New Challenges to the Law of the Sea

Unresolved Issues And New Challenges to the Law of the Sea
Author: Anastasia Stratē
Publisher: Martinus Nijhoff Publishers
Total Pages: 371
Release: 2006
Genre: Law
ISBN: 9004151915

This work analyzes the management of shared fish stocks; protection of the underwater cultural heritage; the possibilities of establishing marine protected areas and other means for safeguarding vulnerable marine ecosystems; the use of the high seas for intelligence as well as recent developments on interdiction of vessels on the high seas. Special emphasis is paid to the role of international courts and tribunals in the progressive development of the law of the sea as well as the ability of the UN Convention on the Law of the Sea to accommodate new uses and challenges, such as new concerns, new technological possibilities, in particular, new contexts and functions of established rules. The 1982 Convention seems capable of coping with most of them, although it remains useful to explore its possibilities and limits. This work, covering many aspects, will be useful to anyone interested in the law of the sea.

Maritime Security and the Law of the Sea

Maritime Security and the Law of the Sea
Author: Natalie Klein
Publisher: OUP Oxford
Total Pages: 384
Release: 2012-10-04
Genre: Law
ISBN: 0191652857

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.

Maritime Security Law in Hybrid Warfare

Maritime Security Law in Hybrid Warfare
Author: Alexander Lott
Publisher: BRILL
Total Pages: 417
Release: 2024-08-29
Genre: Law
ISBN: 9004707999

‘This is the essential book today for understanding maritime security law” -Prof. James Kraska (US Naval War College & Harvard Law School) The recrudescence of great power competition at sea raises several legal problems. Maritime Security Law in Hybrid Warfare brings together authors from various fields of international law to address such challenges in the legal intersection between naval war, military activities, maritime law enforcement, and hybrid warfare. This book explores the means for increasing legal resilience against the emerging trend of weaponization of commercial ships, underwater cables and pipelines, lawfare, and migration by hybrid adversaries.

Freedom of Navigation in the Exclusive Economic Zone

Freedom of Navigation in the Exclusive Economic Zone
Author: Thuy Van Tran
Publisher: Cambridge Scholars Publishing
Total Pages: 230
Release: 2022-01-05
Genre: Law
ISBN: 1527579492

This book looks into ship-source pollution from an EU perspective and in view of recent far-reaching initiatives undertaken by this regional organization. These constitute the first regional approach with respect to ship-source pollution in the context of the freedom of navigation in the exclusive economic zone where criminalization beyond generally accepted international standards is arguably envisaged. With respect to the freedom of navigation of other States in this exclusive economic zone, this book confirms that it is closely related to, and at times serves as a prerequisite for, the exercise of their other freedoms and lawful uses of the sea therein, and that any impact on the freedom of navigation of other States in the exclusive economic zone may affect their other freedoms or associated rights.

The International Law of the Sea

The International Law of the Sea
Author: Yoshifumi Tanaka
Publisher: Cambridge University Press
Total Pages: 549
Release: 2015-04-16
Genre: Law
ISBN: 1107080401

A systematic examination of all topics in law of the sea courses, fully updated to include contemporary issues.

War, Aggression and Self-Defence

War, Aggression and Self-Defence
Author: Yoram Dinstein
Publisher: Cambridge University Press
Total Pages: 409
Release: 2011-10-20
Genre: Law
ISBN: 1139503170

Yoram Dinstein's influential textbook is an indispensable guide to the legal issues of war and peace, armed attack, self-defence and enforcement measures taken under the aegis of the Security Council. This fifth edition incorporates recent treaties such as the Kampala amendments of the Statute of the International Criminal Court, new case law from the International Court of Justice and other tribunals, and contemporary doctrinal debates. Several new supplementary sections are also included, which take into account recent conflicts around the world, and consideration is given to new resolutions of the Security Council. With many segments having been rewritten to reflect recent State practice, this book remains a wide-ranging and highly readable introduction to the legal issues surrounding war and self-defence.