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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.
The United States Department of Defense Law of War Manual: Commentary and Critique provides an irreplaceable resource for any politician, international expert, or military practitioner who wishes to understand the approach taken by the American military in the complex range of modern conflicts. Readers will understand the strengths and weaknesses of US legal and policy pronouncements and the reasons behind the modern American way of war, whether US forces deploy alone or in coalitions. This book provides unprecedented and precise analysis of the US approach to the most pressing problems in modern wars, including controversies surrounding use of human shields, fighting in urban areas, the use of cyberwar and modern weaponry, expanding understanding of human rights, and the rise of ISIS. This group of authors, including academics and military practitioners, provides a wealth of expertise that demystifies overlapping threads of law and policy amidst the world's seemingly intractable conflicts.
Research on The United Nations Convention on the Law of the Sea (UNCLOS) is a valuable addition to understanding the political situation in the potentially volatile South China Sea region. This book covers topics such as baselines, historic title and rights, due regard and abuse of rights, peaceful use of the ocean, navigation regimes, marine scientific research, intelligence gathering, the UNCLOS dispute settlement system and regional common heritage. In search of varying viewpoints, the authors in this book come from multiple countries, including the Philippines, Australia, Ireland, Mainland China and Taiwan, the United States, and Indonesia, Singapore, UK and Germany. Ongoing events, such as the recent waves made by China in the East China Sea and increasing tensions between the South East Asian countries over the use of South China Sea, make this book especially pertinent.
The Law of Armed Conflict provides a complete operational scenario and introduction to the operational organization of United States forces. The focus remains on United States law perspective, balanced with exposure to areas where the interpretation of its allied forces diverge. Jus ad bellum and jus in bello issues are addressed at length. The casebook comes to students with stunning authority. All of the authors are active or retired United States Army officers with more than 140 years of collective military operational experience among them. Several have experience in both legal and operational assignments as well. They deliver a comprehensive coverage of all aspects of the law of armed conflict, explaining the difference between law and policy in regulation of military operations.
Allen examines the maritime counterproliferation activities of nations participating in the Proliferation Security Initiative, as set out in their Statement of Interdiction Principles. He explains the framework for conducting maritime interception activities, examines the importance of intelligence to PSI operations, and assesses the legal issues raised by those operations. The threat of WMD use by terrorist groups and rogue regimes has added new urgency to global security discussions. Responses to the dangers posed by WMD include the nonproliferation regime, safeguards for WMD materials while in transit, export controls, treaties on terrorism, Security Council resolutions, and the new Protocol to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation. The existing nonproliferation regime will never, by itself, provide an adequate level of security. As a result, risk management strategies must include layered counterproliferation activities and consequence management. Counterproliferation measures may include maritime interdictions. The Proliferation Security Initiative, a cooperative undertaking launched in 2003, provides a framework for those interdictions. The framework was formalized in the Statement of Interdiction Principles. After providing an overview of the threats posed by WMD proliferation, this book surveys the nonproliferation regime and counterproliferation measures states have adopted to supplement it. It next provides an overview of maritime interception operations and the intelligence issues surrounding them, before turning to the laws governing such operations. It then examines each of the actions described in the PSI Statement of Interdiction Principles to assess their compliance with applicable laws. Finally, it looks at the laws that establish the responsibility of states for taking unwarranted counterproliferation actions against vessels.