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Drawing on the operational experience of United Nations naval peace operations, this book examines issues of authority for such operations as they relate to and impact upon the Territorial Sea.
Cases and Materials on the Law of the Sea is a thoroughly up-to-date text that will be used both as a classroom course book and as a treatise and reference guide. The text contains engaging teaching materials that systematically introduce law of the sea topics, placing them in the context of important themes about the roles of international law and international legal process. Historical materials of continuing importance appear alongside new materials that address such topics as maritime terrorism and port security, the protection of underwater cultural heritage, marine sanctuaries, deep-sea vent resources, and the operation of the International Tribunal for the Law of the Sea and other new international organizations. Published under the Transnational Publishers imprint.
Public anger at perceived ethical and legal failures in recent wars has reinforced the importance of understanding military ethics. Ethics, Law and Military Operations is one of the first texts to examine both the ethical and the legal considerations of contemporary military conflict. It adopts a practical approach to explore the ways in which legal and normative issues combine to affect the entire spectrum of military operations, from high-intensity conflict to peacekeeping activities and the provision of humanitarian aid. With an operational perspective in mind, this text delivers accessible frameworks for evaluating and applying fundamental legal and ethical concepts. Written by an international team of military practitioners and academics, this book provides interdisciplinary insights into the major issues facing military decision-makers. The first half of the book explores the ethical and legal underpinnings of warfare. Later chapters use case studies to examine specific issues in the contemporary operating environment.
This book is the outcome of a research project directed by Natalino Ronzitti, to explore the current status and future prospects of international humanitarian law of air warfare. This is achieved through the analysis of international customary law, the conventional provisions in force and the most recent State practice. As the most recent conflicts suggest, air warfare has known an exponential growth. However, even a rapid analysis of the international humanitarian law applicable to air warfare shows a defective and fragmentary situation. This book will fill the current gap that exists in legal literature and will critically review and evaluate recent State practice.
Provides legal examination of the armed conflict in Iraq during the secondd Gulf War that began in 2003. Discusses legal issues associated with the initial decision to use armed force, the manner in which force was employed, the legal framework and evolution of military activities from invasion to occupation, detention and counterinsurgency operations, as well as policy and legal issues associated with the establishment of the rule of law and return of governance to the people of Iraq.
"As the Nation approached the 5-year mark of the start of the GWOT, the USAWC focused the attention of its Seventeenth Annual Strategy Conference on whether or not the evidence supports the continuing assumption that the Nation is really at war. Some would insist that the answer is obviously yes. The conference studied this question in depth with panels on the homeland security aspects, the international context, the legal foundation for the war, and the associated economic and domestic policy issues. The conclusion was that the answer to the question is not as clear as first thought. Much of the evidence suggests that the Nation or at least some parts of it is not at war."--Page v.
This ambitious work which took the better part of a decade to produce will be essential reading for all serious defence study students, and of absorbing interest to military professionals and lay people concerned with the future of warfare and all aspects of response to military attack. Its ultimate aim is to demonstrate that the advent of Cyberwarfare has pushed traditional legal thinking regarding the regulation of forcible action beyond traditional boundaries. It attempts to do so by critically analyzing specific characteristics which are inherent to Cyberwarfare such as stealth, speed, untraceability, the availability to State as well as Non-State sponsored agents, their defiance of traditional borders, and an unprecedented potential for destruction, all of which have played a major role in making obsolescent traditional legal norms relied upon for the effective regulation of the use of force. It follows from the above that no defence system can be effectively regulated, especially one as new and unconventional as Information Warfare, unless all its specific aspects are explored as deeply as possible.The best means to achieve such a purpose have been deemed to be through the inclusion as well as the careful analysis of as many real life examples of Information Warfare operations as possible in order to illustrate the special nature of Information Warfare and its various individual features. The examples compiled for inclusion have been selected not on the basis of being the most recent, but on the basis of their factual background being as fully known as possible. Consequently, this book has been constructed around the concept of legality, starting with a section outlining currently existing legal norms of individual self-defense, then applying those norms to Information Warfare Operations including a presentation of existing international legal instruments with provisions applicable to Information Warfare which could serve as additional essential guidelines for a future legal framework specifically crafted to regulate the use of force in cyberspace. Last but not least this book sets a paradigm with regard to Cyberwarfare as well as with other methods of warfare which escape the boundaries of the traditional State monopoly of the use of force.It ultimately shows the extent to which traditional legal thinking, which is shaped around the premise of regulating typical forms of State forcible action, when faced with such methods of warfare is totally obsolete.
The Free Sea offers a unique, single-volume analysis of incidents in American history that affected U.S. freedom of navigation at sea. The book spans more than 200 years, beginning in the Colonial era with the Quasi-War with France in 1798 and extending to contemporary Freedom of Navigation operations in the South China Sea. Through wars and numerous crises with North Korea, North Vietnam, Cambodia, Iran, Russia and China, freedom of navigation has been a persistent challenge for the United States, a nation reliant on open seas for economic prosperity, military security and global order. This volume focuses on the struggle to retain freedom of the seas. Challenges to U.S. warships and maritime commerce have pushed, and continue to challenge, the United States to vindicate its rights through diplomatic, legal, and military means, underscoring the need for the strategic resolve in the global maritime commons.