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Maritime Counterproliferation Operations And The Rule Of Law
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Book Synopsis Maritime Counterproliferation Operations and the Rule of Law by : Craig H. Allen
Download or read book Maritime Counterproliferation Operations and the Rule of Law written by Craig H. Allen and published by Bloomsbury Publishing USA. This book was released on 2007-06-30 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Maritime Operations Law in Practice by : David Letts
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.
Book Synopsis Preventing the Maritime Facilitation of Terrorism by : Robin Bowley
Download or read book Preventing the Maritime Facilitation of Terrorism written by Robin Bowley and published by Taylor & Francis. This book was released on 2022-12-30 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Maritime Interception and the Law of Naval Operations by : Martin Fink
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.
Book Synopsis Nuclear Non-Proliferation in International Law by : Jonathan L. Black-Branch
Download or read book Nuclear Non-Proliferation in International Law written by Jonathan L. Black-Branch and published by Springer. This book was released on 2015-09-24 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Freedom of Navigation and Globalization by : Myron H. Nordquist
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 2014-10-13 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.
Download or read book Naval Law Review written by and published by . This book was released on 2017 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Excessive Maritime Claims by : J. Ashley Roach
Download or read book Excessive Maritime Claims written by J. Ashley Roach and published by Martinus Nijhoff Publishers. This book was released on 2012-06-22 with total page 997 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in a third, revised edition, Excessive Maritime Claims by J. Ashley Roach and Robert W. Smith is designed for law of the sea and maritime law specialists. The book draws on published governmental material in the public domain, specifically the U.S., and addresses recent progress in maritime security, proliferation of weapons of mass destruction by sea, piracy, and protection of underwater cultural heritage. As a result of significant developments in the law of the sea, primarily with reference to the 1982 Law of the Sea Convention, Excessive Maritime Claims provides up to date coverage of current affairs as well as introduce new topics such as: submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement.
Book Synopsis The Interception of Vessels on the High Seas by : Efthymios Papastavridis
Download or read book The Interception of Vessels on the High Seas written by Efthymios Papastavridis and published by Bloomsbury Publishing. This book was released on 2014-08-28 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Risk and the Regulation of Uncertainty in International Law by : Monika Ambrus
Download or read book Risk and the Regulation of Uncertainty in International Law written by Monika Ambrus and published by Oxford University Press. This book was released on 2017-08-25 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasingly, international legal arrangements imagine future worlds or create space for experts to articulate how the future can be conceptualized and managed. With the increased specialization of international law, a series of functional regimes and sub-regimes has emerged, each with their own imageries, vocabularies, expert-knowledge, and rules to translate our hopes and fears for the future into action in the present. At issue in the development of these regimes are not just competing predictions of the future based on what we know about what has happened in the past and what we know is happening in the present. Rather, these regimes seek to deal with futures about which we know very little or nothing at all; futures that are inherently uncertain and even potentially catastrophic; futures for which we need to find ways to identify, conceptualise, manage, and regulate risks the existence of which we can possibly only speculate about. This book explores how the future is imagined, articulated, and managed across the various fields of international law, including the use of force, maritime security, international economic and environmental law, and human rights. It investigates how the future is construed in these various areas; how the costs of risk, risk regulation, risk assessment, and risk management are distributed in international law; the effect of uncertain futures on the subjects of international law; and the way in which international law operates when faced with catastrophic or existential risk.
Book Synopsis Shipping Interdiction and the Law of the Sea by : Douglas Guilfoyle
Download or read book Shipping Interdiction and the Law of the Sea written by Douglas Guilfoyle and published by Cambridge University Press. This book was released on 2009-08-13 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this comparative study of shipping interdiction, Douglas Guilfoyle considers the State action of stopping, searching and arresting foreign flag vessels and crew on the high seas in cases such as piracy, slavery, drug smuggling, fisheries management, migrant smuggling, the proliferation of weapons of mass destruction and maritime terrorism. Interdiction raises important questions of jurisdiction, including: how permission to board a foreign vessel is obtained; whether boarding State or flag State law applies during the interdiction (or whether both apply); and which State has jurisdiction to prosecute any crimes discovered. Rules on the use of force and protection of human rights, compensation for wrongful interdiction and the status of boarding State officers under flag State law are also examined. A unified and practical view is taken of the law applicable across existing interdiction regimes based on an extensive survey of state practice.
Book Synopsis Legal Challenges in Maritime Security by : John Norton Moore
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.
Book Synopsis The International Law of the Sea by : Donald R. Rothwell
Download or read book The International Law of the Sea written by Donald R. Rothwell and published by Bloomsbury Publishing. This book was released on 2016-02-25 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of the sea provides for the regulation, management and governance of the ocean spaces that cover over two-thirds of the Earth's surface. This book provides a contemporary explanation of the foundational principles of the law of the sea, a critical overview of the 1982 United Nations Convention on the Law of the Sea and an analysis of subsequent developments including the many bilateral, regional and global agreements that supplement the Convention. The second edition of this acclaimed text takes as its focus the rules and institutions established by the Convention on the Law of the Sea and places the achievements of the Convention in both historical and contemporary context. All of the main areas of the law of the sea are addressed including the foundations and sources of the law, the nature and extent of the maritime zones, the delimitation of overlapping maritime boundaries, the place of archipelagic and other special states in the law of the sea, navigational rights and freedoms, military activities at sea, and marine resource and conservation issues such as fisheries, marine environmental protection and dispute settlement. As the Convention is now well over a quarter of a century old, the book takes stock of contemporary oceans issues that are not adequately addressed by the Convention. Overarching challenges facing the law of the sea are considered, including how new maritime security initiatives can be reconciled with traditional navigational rights and freedoms, and the need for stronger legal and policy responses to protect the global ocean environment from climate change and ocean acidification.
Book Synopsis Changes in the Arctic Environment and the Law of the Sea by : Myron Nordquist
Download or read book Changes in the Arctic Environment and the Law of the Sea written by Myron Nordquist and published by BRILL. This book was released on 2010-05-03 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Changes in the Arctic Environment and the Law of the Sea is based on the 33rd Annual Conference of the Center for Oceans Law and Policy, a primary sponsor, along with the Law of the Sea Institute of Iceland as well as with the U.S. Arctic Commission, the University of Alaska (Fairbanks) and the Law of the Sea Institute, Law School (Boalt Hall), University of California, Berkeley.
Book Synopsis Coalitions of the Willing and International Law by : Alejandro Rodiles
Download or read book Coalitions of the Willing and International Law written by Alejandro Rodiles and published by Cambridge University Press. This book was released on 2018-08-30 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of the role of the interplay between formality and informality in shaping the current state of international law.
Book Synopsis Research Handbook on International Law and Terrorism by : Ben Saul
Download or read book Research Handbook on International Law and Terrorism written by Ben Saul and published by Edward Elgar Publishing. This book was released on 2020-04-24 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt: This newly revised and updated second edition provides a comprehensive overview of international counter-terrorism law and practice. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field, including new topics for this edition such as foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism.
Book Synopsis International Law for Seagoing Officers, 6th Edition by : Craig H Allen
Download or read book International Law for Seagoing Officers, 6th Edition written by Craig H Allen and published by Naval Institute Press. This book was released on 2014-05-15 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
