Operational Law In International Straits And Current Maritime Security Challenges

Author : Jörg Schildknecht
Publisher : Springer
ISBN 13 : 3319727184
Total Pages : 289 pages
Book Rating : 4.89/5 ( download)

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Download or read book Operational Law in International Straits and Current Maritime Security Challenges written by Jörg Schildknecht and published by Springer. This book was released on 2018-05-26 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : John Norton Moore
Publisher : BRILL
ISBN 13 : 9047440404
Total Pages : 612 pages
Book Rating : 4.06/5 ( download)

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Download or read book Legal Challenges in Maritime Security written by John Norton Moore and published by BRILL. This book was released on 2008-07-10 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Challenges in Maritime Security provides in-depth analysis of current international and regional approaches to maritime security, cargo, port and supply chain security, maritime information sharing and capacity building. The work describes measures in place at multilateral and regional levels to improve information sharing and operational coordination regarding security threats to shipping, offshore installations and port facilities.

Author : Natalie Klein
Publisher : OUP Oxford
ISBN 13 : 0191652857
Total Pages : 384 pages
Book Rating : 4.51/5 ( download)

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Download or read book Maritime Security and the Law of the Sea written by Natalie Klein and published by OUP Oxford. This book was released on 2012-10-04 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Martin Fink
Publisher : Springer
ISBN 13 : 946265249X
Total Pages : 317 pages
Book Rating : 4.91/5 ( download)

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Download or read book Maritime Interception and the Law of Naval Operations written by Martin Fink and published by Springer. This book was released on 2018-08-29 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the international law applicable to maritime interception operations (MIO) conducted on the high seas and within the context of international peace and security, MIO being a much-used naval operational activity employed within the entire spectrum of today's conflicts. The book deals with the legal aspects flowing from the boarding and searching of foreign-flagged vessels and the possible arrest of persons and confiscation of goods, and analyses the applicable law with regard to maritime interception operations through the legal bases and legal regimes. Considered are MIO undertaken based on, for instance, the UN Collective Security System (maritime embargo operations), self-defence and (ad-hoc) consent, and within the context of legal regimes various views are provided on the right of visit, the use of force and the use of detention. This volume, which has contemporary naval operations as its central focus and structures the analysis as a sub-discipline of the international law of military operations, will be of great interest both to academics, practitioners and policy advisors working or involved in the field of military and naval operations, and to those professionals wanting to learn more about the international law of military operations, naval operations, and the law of the sea and maritime security. Martin Fink is a naval and legal officer in the Royal Netherlands Navy.

Author : David Letts
Publisher : Taylor & Francis
ISBN 13 : 1000783308
Total Pages : 215 pages
Book Rating : 4.08/5 ( download)

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Download or read book Maritime Operations Law in Practice written by David Letts and published by Taylor & Francis. This book was released on 2022-12-09 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law that applies to maritime operations at sea is complex and comprises two distinct elements: treaty law (1982 United Nations Convention on the Law of the Sea), and the cases and incidents that occur at sea in both peacetime and during armed conflict which result in the creation of customary international law applicable to maritime operations at sea. Covering sovereignty and vessel status, jurisdiction and interdiction, freedom of navigation, maritime law enforcement and security, and the law of naval warfare, this edited collection brings together the most famous and influential cases and incidents at sea. Exploring the entire spectrum of maritime operations from ‘high end’ war-fighting to constabulary operations that are conducted by naval forces and maritime law enforcement agencies at sea to provide the factual circumstances of each case or incident; offering sophisticated analysis and insights into the case or incidents enduring importance, and their significance for the development of the law applicable to maritime operations; and offering a detailed account and evaluation of the most critical but rarely understood cases in maritime operations law, which encourages comparison between key cases, this book will be an essential reference for practitioners, scholars, teachers, and students of maritime operations law.

Author : James Kraska
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004233571
Total Pages : 965 pages
Book Rating : 4.77/5 ( download)

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Download or read book International Maritime Security Law written by James Kraska and published by Martinus Nijhoff Publishers. This book was released on 2013-04-15 with total page 965 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Worldwide shipping commerce, fishing fleets, pleasure craft, and coastal states are exposed to the menace of offshore terrorism, weapons of mass destruction, piracy, smuggling, robbery, marine insurgency and anti-access threats. Land-based institutions and maritime constabulary forces operate within an increasingly integrated network that blends elements of humanitarian law, human rights law, criminal law, and law of the sea, with inspection regimes, commercial enterprise, and marine safety and environmental stewardship. The new authorities fuse together a global maritime partnership among states, international organizations and commercial interests to protect the maritime commons from the most dangerous risks and hazards.

Author : Sir Malcolm D. Evans
Publisher : Edward Elgar Publishing
ISBN 13 : 1788971418
Total Pages : 240 pages
Book Rating : 4.16/5 ( download)

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Download or read book Maritime Security and the Law of the Sea written by Sir Malcolm D. Evans and published by Edward Elgar Publishing. This book was released on 2020-01-31 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring everything from contemporary challenges to ocean security this book offers detailed insights into the increasing activities of state and non-state actors at sea. Chapters revisit the United Nations Convention on the Law of the Sea (LOSC), highlighting how not all maritime security threats can be addressed by this, and further looking at the ways in which the LOSC may even hinder maritime security.

Author : David D. Caron
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004266372
Total Pages : 378 pages
Book Rating : 4.77/5 ( download)

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Download or read book Navigating Straits written by David D. Caron and published by Martinus Nijhoff Publishers. This book was released on 2014-02-20 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: The importance of straits, particularly those used in international navigation, has been long recognized in international law. One of the important debates during the Third United Nations Law of the Sea Conference concerned the regime of passage through straits used in international navigation. The result was the creation of a multi-tiered legal framework of passage that included the entirely a new “transit passage” regime. Although over thirty years have passed since the adoption of the 1982 United Nations Convention of the Law of the Sea, the vital role played by straits in the global communications network continues to be surrounded by conflicts between the interests of coastal states and shipping. Challenges still exist to achieving the simultaneous global goals of secure passage of vessels and protection of the marine environment. In Navigating Straits: Challenges for International Law, internationally recognized international law scholars provide in-depth analysis of the legal challenges in straits concerning security, piracy, safety and environmental protection. All readers interested in international and law of the sea will find this seminal volume of interest.

Author : James Kraska
Publisher : Oxford University Press
ISBN 13 : 019987767X
Total Pages : 484 pages
Book Rating : 4.76/5 ( download)

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Download or read book Maritime Power and the Law of the Sea: written by James Kraska and published by Oxford University Press. This book was released on 2011-01-19 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Myron H. Nordquist
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004284087
Total Pages : 330 pages
Book Rating : 4.81/5 ( download)

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Download or read book Freedom of Navigation and Globalization written by Myron H. Nordquist and published by Martinus Nijhoff Publishers. This book was released on 2014-10-09 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of Navigation and Globalization offers a timely analysis of current issues in the Law of the Sea in six Parts. Part I examines co-operative measures taken within the Southeast Asia region to combat piracy and armed robbery against ships, and the historical activities of the Republic of Korea navy in countering piracy. Part II focuses on transnational threats including counter proliferation activities, freedom of navigation, Illegal, Unreported and Unregulated (IUU) fishing, and the regulation of private maritime security companies. Part III consists of two essays on development in the Arctic Ocean. The first updates the activities of the Arctic Council, the second looks at cooperative measures taken by China, Japan, and Korea with respect to science in the Arctic. In Part IV the topic of energy security and sealanes is taken up. Institutional building within ASEAN is examined for maritime security in Southeast Asia. Freedom of navigation is compared with the straight baselines of China in the South China Sea. In the next essay, cooperative efforts to enhance navigational safety and environmental protection in the Straits of Malacca and Singapore are explored. Part V considers balancing marine environmental protection and freedom of navigation. The European Union’s Marine Strategy Framework Directive is reviewed. The dispute settlement regime in UNCLOS and the 2001 International Law Commission Articles on the Responsibility of States for Internationally Wrongful Acts are analyzed for flag State responsibility for pollution violations. The current mechanisms in the South China Sea marine environment are also evaluated. Part VI discusses marine data collection in the context of its applicability to Part XIII of UNCLOS. Attention is given to the various categories and their legal consequences. The last paper in the volume outlines global challenges such as global warming, rising sea level and changes in the ice over in the Polar Regions.