‘This is the essential book today for understanding maritime security law” -Prof. James Kraska (US Naval War College & Harvard Law School) The recrudescence of great power competition at sea raises several legal problems. Maritime Security Law in Hybrid Warfare brings together authors from various fields of international law to address such challenges in the legal intersection between naval war, military activities, maritime law enforcement, and hybrid warfare. This book explores the means for increasing legal resilience against the emerging trend of weaponization of commercial ships, underwater cables and pipelines, lawfare, and migration by hybrid adversaries.
International Maritime Security Law by James Kraska and Raul Pedrozo defines an emerging interdisciplinary field of law and policy comprised of norms, legal regimes, and rules to address today's hybrid threats to the global order of the oceans. Worldwide shipping commerce, fishing fleets, pleasure craft, and coastal states are exposed to the menace of offshore terrorism, weapons of mass destruction, piracy, smuggling, robbery, marine insurgency and anti-access threats. Land-based institutions and maritime constabulary forces operate within an increasingly integrated network that blends elements of humanitarian law, human rights law, criminal law, and law of the sea, with inspection regimes, commercial enterprise, and marine safety and environmental stewardship. The new authorities fuse together a global maritime partnership among states, international organizations and commercial interests to protect the maritime commons from the most dangerous risks and hazards.
Hybrid warfare has been an integral part of the historical landscape since the ancient world, but only recently have analysts - incorrectly - categorised these conflicts as unique. Great powers throughout history have confronted opponents who used a combination of regular and irregular forces to negate the advantage of the great powers' superior conventional military strength. As this study shows, hybrid wars are labour-intensive and long-term affairs; they are difficult struggles that defy the domestic logic of opinion polls and election cycles. Hybrid wars are also the most likely conflicts of the twenty-first century, as competitors use hybrid forces to wear down America's military capabilities in extended campaigns of exhaustion. Nine historical examples of hybrid warfare, from ancient Rome to the modern world, provide readers with context by clarifying the various aspects of conflicts and examining how great powers have dealt with them in the past.
Read also Alexander Lott's blog on the recent Award of the Annex VII Arbitral Tribunal in the dispute concerning the Kerch Strait incident. Hybrid Threats and the Law of the Sea debates the practice of states that have resorted to discriminatory navigational restrictions or aggression against foreign ships and aircraft in densely navigated straits. The book explores both widely acknowledged and lesser-known maritime incidents that meet the characteristics of hybrid warfare or hybrid conflict. This research approaches hybrid threats from the perspective of the interrelationship between navigational restrictions, law enforcement, armed attack, and the legal regime of straits. It provides guidance for determining whether the rules of armed conflict or law enforcement are applicable to various naval incidents.
This handbook offers a critical and substantial analysis of maritime security and documents the most pressing strategic, economic, socio-cultural and legal questions surrounding it. Written by leading international experts, this comprehensive volume presents a wide variety of theoretical positions on maritime security, detailing its achievements and outlining outstanding issues faced by those in the field. The book includes studies which cover the entire spectrum of activity along which maritime security is developing, including, piracy, cyber security, energy security, terrorism, narco-subs and illegal fishing. Demonstrating the transformative character and potential of the topic, the book is divided into two parts. The first part exhibits a range of perspectives and new approaches to maritime security, and the second explores emerging developments in the practice of security at sea, as well as regional studies written by local maritime security experts. Taken together, these contributions provide a compelling account of the evolving maritime security environment, casting fresh light on theoretical and empirical aspects. The book will be of much interest to practitioners and students of maritime security, naval studies, security studies, maritime history, and International Relations in general. Chapter 13 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons [Attribution-Non Commercial] (CC-BY-NC)] 4.0 license.
This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.
This book addresses the regulation of hybrid warfare under relevant branches of international law, beginning with the law on inter-state use of force (jus ad bellum). Firstly, the book assesses the extent to which forms of hybrid warfare comply with or violate international humanitarian law/the law of armed conflict. It then looks at law enforcement action in response to hybrid warfare, both on land and on the high seas, and addresses hybrid warfare from the perspective of international counterterrorism law. It goes on to tackle the constraints applied to hybrid warfare under international human rights law, and looks at how hybrid warfare could be constrained under disarmament law. The final two chapters look at accountability for the conduct of hybrid warfare, concluding with the question: can we move towards a less fragmented set of international legal rules that will govern hybrid warfare in the future?
From a brilliant Brookings Institution expert, an “important” (The Wall Street Journal) and “penetrating historical and political study” (Nature) of the critical role that oceans play in the daily struggle for global power, in the bestselling tradition of Robert Kaplan’s The Revenge of Geography. For centuries, oceans were the chessboard on which empires battled for supremacy. But in the nuclear age, air power and missile systems dominated our worries about security, and for the United States, the economy was largely driven by domestic production, with trucking and railways that crisscrossed the continent serving as the primary modes of commercial transit. All that has changed, as nine-tenths of global commerce and the bulk of energy trade is today linked to sea-based flows. A brightly painted forty-foot steel shipping container loaded in Asia with twenty tons of goods may arrive literally anywhere else in the world; how that really happens and who actually profits from it show that the struggle for power on the seas is a critical issue today. Now, in vivid, closely observed prose, Bruce Jones conducts us on a fascinating voyage through the great modern ports and naval bases—from the vast container ports of Hong Kong and Shanghai to the vital naval base of the American Seventh Fleet in Hawaii to the sophisticated security arrangements in the Port of New York. Along the way, the book illustrates how global commerce works, that we are amidst a global naval arms race, and why the oceans are so crucial to America’s standing going forward. As Jones reveals, the three great geopolitical struggles of our time—for military power, for economic dominance, and over our changing climate—are playing out atop, within, and below the world’s oceans. The essential question, he shows, is this: who will rule the waves and set the terms of the world to come?
"A detailed account of how the US Navy modernized itself between the War of 1812 and the Civil War, through strategic approaches to its personnel, operations, technologies, and policies, among them an emerging officer corps, which sought to professionalize its own ranks, modernize the platforms on which it sailed, and define its own role within national affairs and in the broader global maritime commons"--
