Maritime Counterproliferation Operations And The Rule Of Law
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Maritime Counterproliferation Operations And The Rule Of Law
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Author : Craig H. Allen
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2007-06-30
Maritime Counterproliferation Operations And The Rule Of Law written by Craig H. Allen and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-06-30 with Political Science categories.
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.
International Law For Seagoing Officers 6th Edition
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Author : Craig H Allen
language : en
Publisher: Naval Institute Press
Release Date : 2014-05-15
International Law For Seagoing Officers 6th Edition written by Craig H Allen and has been published by Naval Institute Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-15 with Law categories.
For those who operate on, under and over the sea, international law can sometimes be as complex as it is important. Written by the same former seagoing officer and maritime law professional who authored the current edition of Farwell’s Rules of the Nautical Road , this book was designed to bring clarity and context to international law for the seagoing professional. Following an introduction to public international law and a short history of the law of the sea, the book describes the rules that apply in ports and in the adjacent maritime zones, including the territorial sea, exclusive economic zone, archipelagic waters and the high seas. A highlight of the book are the chapters that focus on the subjects of greatest interest to the seagoing professional, including military and intelligence activities in the maritime domain, maritime law enforcement activities and the use of force at sea. The appendices include the text of the 1982 UN Convention on the Law of the Sea. Whether an academy cadet, a midshipman, a seasoned commanding officer, or a master mariner, readers of this thorough and timely book will be rewarded with a far greater understanding of the international laws that govern ships and mariners at sea.
International Law For Seagoing Officers 7th Edition
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Author : Craig H Allen
language : en
Publisher: Naval Institute Press
Release Date : 2022-11-15
International Law For Seagoing Officers 7th Edition written by Craig H Allen and has been published by Naval Institute Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-15 with Law categories.
The seventh edition of this Blue and Gold Series book brings clarity and context to international law for the seagoing professional. This book is the only work that addresses the international law of the sea from the perspective of the United States. For those who operate on, under and over the sea, international law can sometimes be as complex as it is important. Written by the same former seagoing officer and maritime law professional who authored the current edition of Farwell’s Rules of the Nautical Road, this book was designed to bring clarity and context to international law for the seagoing professional. Following an introduction to public international law and a short history of the law of the sea, the book describes the rules that apply in ports and in the adjacent maritime zones, including the territorial sea, exclusive economic zone, archipelagic waters, and the high seas. A highlight of the book are the chapters that focus on subjects of greatest interest to the seagoing professional, including military and intelligence activities in the maritime domain, maritime law enforcement activities and the use of force at sea. The appendices include the text of the 1982 UN Convention on the Law of the Sea and the U.S. Senate’s “understandings” of key provisions of the convention. Whether an academy cadet, a midshipman, a seasoned commanding officer, or master mariner, readers of this thorough and timely book will be rewarded with a far greater understanding of the international laws that govern ships and mariners at sea. New in this edition: Over a dozen new cases by courts and arbitration panels interpreting UNCLOS, including the South China Sea dispute between the Philippines and China. Coverage of Commercial Seafarer protections under Maritime Labor Convention. Global Responses to the Mediterranean Migrant Crisis. Coverage of the law protecting our vital submarine cables. Expanded coverage of unmanned and autonomous vessels and aircraft. Coverage on vessel health safety and quarantine measures applicable in the COVID-19 Pandemic. A new chapter surveying issues the U.S. Senate should consider in any decision regarding ratification of UNCLOS. A new appendix setting out the U.S. Navy and Coast Guard policies on sovereign immunity of government vessels and aircraft.
Farwell S Rules Of The Nautical Road
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Author : Craig H. Allen
language : en
Publisher: US Naval Institute Press
Release Date : 2005
Farwell S Rules Of The Nautical Road written by Craig H. Allen and has been published by US Naval Institute Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with History categories.
Professional mariners, military and civilian, will find this book to be an invaluable reference in understanding the rules of the road and the role these rules play in managing the risk of collision. The author provides a thorough commentary on the rules and an analysis of collision cases involving abuse of the rules. Maritime attorneys and judges will find the book continues to be an indispensable reference on collision law as Craig Allen provides a mariner's insight into how the rules apply in context and their application by the courts and administrative tribunals. This new edition completely revises chapters on the rules pertaining to good seamanship and special circumstances and on restricted visibility, and it vastly expands coverage of the narrow channel rule, traffic separation schemes, and the application of the rules to high-speed craft. It also extensively revises materials on the look out and risk of collision responsibilities to update coverage on radar and ARPA and to address new technologies, such as integrated bridge systems, automatic identification systems, voyage data recorders and the increasingly active role of VTS. The first update in ten years, the eighth edition upholds and even surpasses the standards set over the past sixty years of the guide's publication.
Maritime Operations Law In Practice
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Author : David Letts
language : en
Publisher: Taylor & Francis
Release Date : 2022-12-09
Maritime Operations Law In Practice written by David Letts and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-09 with Law categories.
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.
Preventing The Maritime Facilitation Of Terrorism
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Author : Robin Bowley
language : en
Publisher: Taylor & Francis
Release Date : 2022-12-30
Preventing The Maritime Facilitation Of Terrorism written by Robin Bowley and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-30 with Law categories.
In the aftermath of the 9/11 attacks, concerns that terrorists might utilise vessels to transport weaponry, terrorist operatives and/or to finance their activities prompted several international legal developments. This book evaluates the extent to which the international maritime security measures developed following the 9/11 attacks would be likely to prevent the utilisation of vessels to facilitate terrorist activities. It considers the likely effectiveness of the International Ship and Port Facility Security Code for improving vessel and port security, and the 2005 Protocol to the Convention for the Suppression of Unlawful Acts Against Maritime Navigation in facilitating the interdiction of suspected terrorist vessels. It also explains how the US-led Proliferation Security Initiative - a cooperative effort through which participant governments agree to prevent the illicit transfers of Weapons of Mass Destruction and related materials – has provoked debate about the legality of vessel interdictions under the United Nations Convention on the Law of the Sea (the LOSC). After exploring alternative interpretations of the LOSC, and states’ self-defence rights under Article 51 of the Charter of the United Nations, it formulates suggested guidelines for the unilateral interdiction of suspected terrorist support vessels in exceptional circumstances. The book also discusses the relevant recommendations by the OECD’s Financial Action Taskforce for preventing the financing of terrorism, and the national maritime security legislation for preventing the maritime facilitation of terrorist activities in the United Kingdom and in Australia. The book concludes by emphasising the importance of the continual active implementation of ship, port facility and supply chain security measures, and of further enhancing international cooperation to facilitate vessel interdictions. It will be of interest to those working in the areas of Law and Terrorism, Law of the Sea, Maritime Law and Insurance and International Law.
Maritime Interception And The Law Of Naval Operations
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Author : Martin Fink
language : en
Publisher: Springer
Release Date : 2018-08-29
Maritime Interception And The Law Of Naval Operations written by Martin Fink and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-29 with Law categories.
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.
Naval Law Review
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Author :
language : en
Publisher:
Release Date : 2017
Naval Law Review written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Courts-martial and courts of inquiry categories.
Nuclear Non Proliferation In International Law
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Author : Jonathan L. Black-Branch
language : en
Publisher: Springer
Release Date : 2015-09-24
Nuclear Non Proliferation In International Law written by Jonathan L. Black-Branch and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-24 with Law categories.
This second Volume in the book Series on Nuclear Non-Proliferation in International Law discusses the legal interpretation and implementation of verification and compliance with the Treaty of the Non-Proliferation of Nuclear Weapons, 1968; the Comprehensive Nuclear Test-Ban Treaty, 1996; and the Treaty establishing the European Atomic Energy Community (EURATOM), 1957. It specifically examines the question, contested in recent academic writings, whether the International Atomic Energy Agency (IAEA) is competent to verify not only the correctness, but also the completeness of national declarations. Topical legal issues of verification and its technical and political limits as well as peaceful settlement of disputes and countermeasures are discussed in-depth. The Series on Nuclear Non-Proliferation in International Law provides scholarly research articles with critical commentaries on relevant treaty law, best practice and legal developments, thus offering an academic analysis and information on practical legal and diplomatic developments both globally and regionally. It sets a basis for a further constructive discourse on the topic at both national and international levels. A Third Volume, to be published in Autumn 2016, will focus on legal issues of safety and security of the use of nuclear energy for peaceful purposes. Jonathan L. Black-Branch is Professor of International Law, Royal Holloway University of London; a Member of Wolfson College, Oxford; Chairman of the International Law Association (ILA) Committee on Nuclear Weapons, Non-Proliferation and Contemporary International Law. Dieter Fleck is Former Director International Agreements & Policy, Federal Ministry of Defence, Germany; Member of the Advisory Board of the Amsterdam Center for International Law (ACIL); Honorary President, International Society for Military Law and the Law of War; Rapporteur of the ILA Committee on Nuclear Weapons, Non-Prolife ration and Contemporary International Law.
The Interception Of Vessels On The High Seas
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Author : Efthymios Papastavridis
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-08-28
The Interception Of Vessels On The High Seas written by Efthymios Papastavridis and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-28 with Law categories.
The principal aim of this book is to address the international legal questions arising from the 'right of visit on the high seas' in the twenty-first century. This right is considered the most significant exception to the fundamental principle of the freedom of the high seas (the freedom, in peacetime, to remain free of interference by ships of another flag). It is this freedom that has been challenged by a recent significant increase in interceptions to counter the threats of international terrorism and WMD proliferation, or to suppress transnational organised crime at sea, particularly the trafficking of narcotics and smuggling of migrants. The author questions whether the principle of non-interference has been so significantly curtailed as to have lost its relevance in the contemporary legal order of the oceans. The book begins with an historical and theoretical examination of the framework underlying interception. This historical survey informs the remainder of the work, which then looks at the legal framework of the right of visit, contemporary challenges to the traditional right, interference on the high seas for the maintenance of international peace and security, interferences to maintain the 'bon usage' of the oceans (navigation and fishing), piracy j'ure gentium'and current counter-piracy operations off the coast of Somalia, the problems posed by illegal, unregulated and unreported fishing, interdiction operations to counter drug and people trafficking, and recent interception operations in the Mediterranean Sea organised by FRONTEX.