The Law of Naval Warfare

The Law of Naval Warfare
Author: Dale Stephens
Publisher:
Total Pages: 403
Release: 2019
Genre: Military law
ISBN: 9780409350814

In a period of growing tensions within the maritime domain, this timely new book brings together a combination of academic and practical expertise to present an account of the critical areas of the law of naval warfare. It provides a comprehensive, academically rigorous and practically relevant treatment of the law applicable to naval conflicts that will be of value to governments and their advisers, defence forces, academics, students and historians. The extensive expert analysis of the key issues includes topics such as: ¿ Interaction with peacetime law of the sea ¿ Maritime zones ¿ Targeting, distinction and deception ¿ Submarine warfare ¿ Legal status of merchant vessels and direct participation in hostilities by civilians ¿ Blockade ¿ Prize law ¿ Non-International Armed Conflict at Sea ¿ New technologies and non-traditional vessels ¿ Hospital ships ¿ Intelligence collection ¿ Interaction with Australian domestic legal obligations ¿ Environmental issues

The International Law of Belligerent Occupation

The International Law of Belligerent Occupation
Author: Yoram Dinstein
Publisher: Cambridge University Press
Total Pages: 336
Release: 2009-02-19
Genre: History
ISBN: 0521896371

The customary law of belligerent occupation goes back to the Hague and Geneva Conventions. Recent instances of such occupation include Iraq, the former Yugoslavia, the Congo and Eritrea. But the paradigmatic illustration is the Israeli occupation, lasting for over 40 years. There is now case law of the International Court of Justice and other judicial bodies, both international and domestic. There are Security Council resolutions and a vast literature. Still, numerous controversial points remain. How is belligerent occupation defined? How is it started and when is it terminated? What is the interaction with human rights law? Who is protected under belligerent occupation, and what is the scope of the protection? Conversely, what measures can an occupying power lawfully resort to when encountering forcible resistance from inhabitants of the occupied territory? This book examines the legislative, judicial and executive rights of the occupying power and its obligations to the civilian population.

Neutrality in Contemporary International Law

Neutrality in Contemporary International Law
Author: James Upcher
Publisher:
Total Pages: 324
Release: 2020
Genre: Law
ISBN: 0198739761

While some have argued that neutrality has become irrelevant, this volume asserts that neutrality continues to be a key concept of the law of armed conflict. Neutrality in Contemporary International Law details the rights and duties of neutral states and demonstrates how the rules of neutrality continue to apply in modern day conflicts.

Operational Law in International Straits and Current Maritime Security Challenges

Operational Law in International Straits and Current Maritime Security Challenges
Author: Jörg Schildknecht
Publisher: Springer
Total Pages: 286
Release: 2018-05-26
Genre: Law
ISBN: 3319727184

This book addresses a wide range of contemporary operational maritime law issues across the spectrum of operations. It provides sophisticated analyses and insights, and offers new interpretations of topics that are directly relevant for contemporary naval operations.The book examines unresolved legal issues in order to provide guidelines for conducting maritime operations, and also offers reference material for general education on the law of naval operations. Further, it serves as a comprehensive resource for operational doctrine and military planning, and presents an approach to dealing with multiple legal issues that demonstrates how modern military operations at sea can legally be executed. Focusing on operational and tactical topics, it is a valuable addition to the bookshelves of military lawyers and operators alike.

International Law and the Classification of Conflicts

International Law and the Classification of Conflicts
Author: Elizabeth Wilmshurst
Publisher: OUP Oxford
Total Pages: 568
Release: 2012-08-02
Genre: Law
ISBN: 0191632236

This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.

The Law of Maritime Blockade

The Law of Maritime Blockade
Author: Phillip Drew
Publisher: Oxford University Press
Total Pages: 193
Release: 2017
Genre: Law
ISBN: 0198808437

The Law of Maritime Blockade sets out the law applicable to maritime blockades in armed conflict, testing the traditional rules of maritime blockade against the requirements of contemporary international humanitarian law. An important issue addressed is the legality of a blockade even if it results in mass starvation of the affected population.

The Law of War and Neutrality at Sea

The Law of War and Neutrality at Sea
Author: Robert W. Tucker
Publisher: The Lawbook Exchange, Ltd.
Total Pages: 464
Release: 2022-07-19
Genre: Neutral trade with belligerents
ISBN: 1584775823

Published at a time when international law was processing the challenges introduced during World War II and the Korean Conflict, and when the United Nations, the World Court and other new international bodies were exerting influence as judicial bodies, Tucker's analysis was a timely guide to a legal field in the midst of unprecedented change. Tucker is professor emeritus of American foreign policy at the Nitze School of Advanced International Studies, Johns Hopkins University. A graduate of the U.S. Naval Academy and UC-Berkeley, where he earned a Ph.D. in political science, he is the author of several notable books including The Just War (1960), The Inequality of Nations (1977) and, with David C. Hendrickson, The Imperial Temptation: The New World Order and America's Purpose (1992). xiii, 448 pp.