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Author: Martin Fink Publisher: Springer ISBN: 946265249X Category : Law Languages : en Pages : 317
Book Description
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.
Author: Martin Fink Publisher: Springer ISBN: 946265249X Category : Law Languages : en Pages : 317
Book Description
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.
Author: Department of The Navy Publisher: Lulu.com ISBN: 0359233953 Category : Reference Languages : en Pages : 184
Book Description
Summary. This revision updates and expands upon various topics regarding the law of the sea and law of war. In particular, it updates the history of U.S. Senate consideration of the UN Convention on the Law of the Sea, to include its 2012 hearings; emphasizes that islands, rocks, and low-tide elevations are naturally formed and that engineering, construction, and land reclamation cannot convert their legal status; provides more detail on U.S. sovereign immunity policy for Military Sealift Command chartered vessels and for responding to foreign requests for health inspections and medical information; removes language indicating that all USN/USCG vessels under command of a noncommissioned officer are auxiliary vessels; emphasizes that only warships may exercise belligerent rights during international armed conflicts; adds a description of U.S.-Chinese bilateral and multilateral agreements promoting air and maritime safety; updates the international law applicable to vessels seeking a place of refuge;...
Author: United States Government Us Navy Publisher: Independently Published ISBN: 9781098620042 Category : Languages : en Pages : 178
Book Description
The Commander's Handbook on the Law of Naval Operations August 2017 Edition NWP 1-14M MCTP 11-10B COMDTPUB P5800.7ASCOPEThis publication, The Commander's Handbook on the Law of Naval Operations August 2017 Edition, sets out those fundamental principles of international and domestic law that govern U.S. naval operations at sea. Chapters 1 through 4 relate to peacetime naval operations. They provide an overview and general discussion of the law of the sea, including definitions and descriptions of the jurisdiction and sovereignty exercised by States over various parts of the world's oceans; the international legal status and navigational rights of warships and military aircraft; protection of persons and property at sea; and the safeguarding of national interests in the maritime environment. Chapters 5 through 12 relate to naval warfare. They set out principles of law of special concern to the naval commander during any period in which U.S. naval forces are engaged in armed conflict. Although the primary emphasis of these chapters is on the conduct of naval warfare, relevant principles and concepts common to the whole of the law of war are also discussed.PURPOSEThis publication is intended for the use of operational commanders and supporting staff elements at all levels of command. It is designed to provide officers in command and their staffs with an overview of the rules of law governing naval operations in peacetime and during armed conflict. The explanations and descriptions in this publication are intended to enable the naval commander and his staff to comprehend more fully the legal foundations upon which the orders issued to them by higher authority are premised, and to understand better the commander's responsibilities under international and domestic law to execute his mission within that law. This publication sets forth general guidance. It is not a comprehensive treatment of the law nor is it a substitute for the definitive legal guidance provided by judge advocates and others responsible for advising commanders on the law. Officers in command of operational units are encouraged to utilize this publication as a training aid for assigned personnel.This publication provides general information and guidance. It is not directive, and does not supersede guidance issued by the chain of command.INTERNATIONAL LAWFor purposes of this publication, international law is defined as that body of rules that States consider binding in their relations with one another. International law is created by States. It derives from the practice of States in the international arena and from international agreements between States. International law provides stability in international relations and an expectation that certain acts or omissions will result in predictable consequences. If one State violates the law, it may expect that others will reciprocate. Consequently, failure to comply with international law ordinarily involves greater political and economic costs than does observance. In short, States comply with international law because it is in their interest to do so. Like most rules of conduct, international law is in a continual state of development and change. This publication seeks to accurately describe the state of international law on the date of the publication's issuance.Practice of StatesThe general and consistent practice among States with respect to a particular subject, which over time is accepted by them generally as a legal obligation, is known as customary international law. Customary international law is the principal source of international law and is binding upon all States.
Author: Craig H. Allen Publisher: Bloomsbury Publishing USA ISBN: 0275996999 Category : Political Science Languages : en Pages : 273
Book Description
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.
Author: Us Dept of the Navy Publisher: Cosimo Reports ISBN: 9781646792290 Category : Languages : en Pages : 184
Book Description
In August 2017, The Commander's Handbook on the Law of Naval Operations-Manual Manual NWP 1-14M/MCTP 11-10B/COMDTPUB P5800.7A, was released by the US Navy, the US Marine Corps, and the Coast Guard. It sets out those fundamental principles of international and domestic law that govern US naval operations at sea.
Author: Efthymios Papastavridis Publisher: Bloomsbury Publishing ISBN: 1782250859 Category : Law Languages : en Pages : 267
Book Description
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.
Author: George P. Politakis Publisher: Routledge ISBN: 1136885773 Category : History Languages : en Pages : 550
Book Description
First Published in 1991. This study covers developments up to the end of December 1996 of the legal parameters of modern naval warfare. It also discussed the role of the power of the sea modern strategy
Author: Martin Fink
Author: Martin Fink
Author: 
Author: Department of The Navy
Author: United States. Office of the Chief of Naval Operations
Author: 
Author: United States Government Us Navy
Author: Craig H. Allen
Author: Us Dept of the Navy
Author: Efthymios Papastavridis
Author: George P. Politakis