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"May 2009."--T.p.
Why U.S. support for international law is so inconsistent
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.
In the twenty-first century, the Indo-Pacific, which spans from the western Pacific Ocean to the western Indian Ocean along the eastern coast of Africa, has emerged as a crucial geostrategic region for trade, investment, energy supplies, cooperation, and competition. It presents complex maritime security challenges and interlocking economic interests that require the development of an overarching multilateral security framework. This volume develops common approaches by focusing on geopolitical challenges, transnational security concerns, and multilateral institution-building and cooperation. The chapters, written by a cross-section of practitioners, diplomats, policymakers, and scholars from the three major powers discussed (United States, China, India) explain the opportunities and risks in the Indo-Pacific region and identify specific naval measures needed to enhance maritime security in the region. Maritime Security in the Indo-Pacific opens by introducing the Indo-Pacific and outlining the roles of China, India, and the United States in various maritime issues in the region. It then focuses on the security challenges presented by maritime disputes, naval engagement, legal issues, sea lanes of communication, energy transport, humanitarian assistance and disaster relief, as well as by nontraditional threats, such as piracy, terrorism, and weapons proliferation. It compares and contrasts the roles and perspectives of the key maritime powers, analyzing the need for multilateral cooperation to overcome the traditional and nontraditional challenges and security dilemma. This shows that, in spite of their different interests, capabilities, and priorities, Washington, Beijing and New Delhi can and do engage in cooperation to deal with transnational security challenges. Lastly, the book describes how to promote maritime cooperation by establishing or strengthening multilateral mechanisms and measures that would reduce the prospects for conflict in the Indo-Pacific region.
Law, Force and Diplomacy at Sea, first published in 1985, is one of the few comprehensive treatments on the subject from a strategic perspective. It offers a detailed strategic analysis of the background and outcome of the Third UN Conference on the Law of the Sea, and its naval implications. The interplay between the interest of the naval powers in freedom of navigation and the interest of coastal states in control provides the setting for the strategic problems. The sea is taking on more properties of the land: it is becoming ‘territorialised’, and this is presenting fresh challenges and opportunities to which navies and their national governments have to respond. This study is designed for students of naval strategy, for international lawyers and for students of international affairs who wish to think about the important security questions in the maritime environment.
Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.
Publisher Description
The law of the sea, one of the oldest and most highly developed areas of international law, has changed significantly in the past fifty years in response to rapid scientific and technological advances coupled with an increased population and the need for additional resources. Ann Hollick documents these changes and examines the evolution of U.S. ocean policy in the larger contexts of American foreign policy and of international law and politics. Originally published in 1981. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
This book critically analyzes US political-military strategy by arguing that freedom of the seas discourse is fundamentally unfit for an era of maritime great power competition. The work conducts a genealogical intellectual history of freedom of the seas discourse in US foreign policy to show how the concept has evolved over time to facilitate American control over the global ocean space. It concludes that the contemporary discourse works to establish the high seas as an arena free from claims of sovereignty so that the United States, as the presumed unrivaled naval power, can intervene globally on behalf of its national interests. However, since sea control strategies depend on a preponderance of material force, as the United States wanes in relative material capability it becomes less able to support political-military strategies predicated on the assumption of global naval dominance. The book provides a timely commentary on the current geopolitical competition between the United States and China, and critiques the US approach toward China in the maritime domain in order to highlight potential avenues of foreign policy action that may enable the two countries to mitigate the risk of conflict. This book will be of much interest to students of naval history, maritime security, US foreign policy, and international relations.