Naval Law
Naval Law

Author: Brent G. Filbert

Publisher: US Naval Institute Press

Published: 1998

Total Pages: 392

ISBN-13:

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An introduction to military naval law focusing on the development and history of law for land and sea forces and constitutional, criminal, administrative, and international law. Thirteen chapters discuss topics such as the forums and procedures used to dispose of military offenses such as court-martials and administrative forums; cases that question and apply the basic elements and tenets of what are termed uniquely military crimes; the evolving law of government ethics and the constraints that it imposes on military personnel; the tensions between the constitutional rights of members of the armed forces and the military including the nature of search and seizure and the Fourth Amendment and the use of the Fifth Amendment against self-incrimination; the law of apprehension and restraint; and broad issues of international law such as war crimes and limits on the use of force.

The Law of Naval Warfare
The Law of Naval Warfare

Author: Dale Stephens

Publisher:

Published: 2019

Total Pages: 403

ISBN-13: 9780409350814

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In a period of growing tensions within the maritime domain, this timely new book brings together a combination of academic and practical expertise to present an account of the critical areas of the law of naval warfare. It provides a comprehensive, academically rigorous and practically relevant treatment of the law applicable to naval conflicts that will be of value to governments and their advisers, defence forces, academics, students and historians. The extensive expert analysis of the key issues includes topics such as: ¿ Interaction with peacetime law of the sea ¿ Maritime zones ¿ Targeting, distinction and deception ¿ Submarine warfare ¿ Legal status of merchant vessels and direct participation in hostilities by civilians ¿ Blockade ¿ Prize law ¿ Non-International Armed Conflict at Sea ¿ New technologies and non-traditional vessels ¿ Hospital ships ¿ Intelligence collection ¿ Interaction with Australian domestic legal obligations ¿ Environmental issues

Freedom of Navigation and the Law of the Sea
Freedom of Navigation and the Law of the Sea

Author: Cameron Moore

Publisher: Routledge

Published: 2021-02-09

Total Pages: 152

ISBN-13: 042975891X

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There has been a recent increase in clashes between warships asserting rights to navigate and states asserting sovereignty over coastal waters. This book argues for a set of rules which respect the rights of coastal states to protect their sovereignty and of warships to navigate lawfully, whilst also outlining the limits of each. The book addresses the issue of the clash between warships and states by considering the general principles applying to use of force in the law of the sea and the law of national self-defence. It focuses on the right of coastal states to use force to prevent passage of warships which threaten their sovereignty, with particular reference to the specific maritime zones, as well as by warships to ensure passage or to defend themselves. The book also assesses the extent to which the law of armed conflict may be applicable to these issues. The conclusion draws together a set of rules which take account of both contemporary and historical events and seeks to balance the competing interests at stake. Providing a concise overview of the enduring issue of freedom of navigation, this book will appeal to anyone studying international law, the law of the sea, security studies and international relations. It will also be of interest to naval, coast guard and military officers as well as government legal advisors.

Japanese Maritime Security and Law of the Sea
Japanese Maritime Security and Law of the Sea

Author: Yurika Ishii

Publisher: BRILL

Published: 2021-12-20

Total Pages: 255

ISBN-13: 9004500413

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Japan, the geopolitical lynchpin in the East Asian region, has developed a unique maritime security policy and interpretation of the law of the sea. Japanese Maritime Security and the Law of the Sea examines Japan’s domestic laws and its approach to international law.

Maritime Law in Motion
Maritime Law in Motion

Author: Proshanto K. Mukherjee

Publisher: Springer Nature

Published: 2020-01-23

Total Pages: 796

ISBN-13: 3030317498

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This book provides valuable insights into various contemporary issues in public and private maritime law, including interdisciplinary aspects. The public law topics addressed include public international law and law of the sea, while a variety of private law topics are explored, e.g. commercial maritime law, conflict of laws, and new developments in the application of advanced technologies to maritime law issues. In addition, the book highlights current and topical discussions at international maritime forums such as the International Maritime Organization on regulatory and private law matters within the domain of marine environmental law, the law respecting seafarers’ affairs and maritime pedagogics, maritime security, comparative law in the maritime field, trade law, recent case law analysis, taxation law in the maritime context, maritime arbitration, carriage of passengers, port law, and limitation of liability.

Disruptive Technology and the Law of Naval Warfare
Disruptive Technology and the Law of Naval Warfare

Author: James Kraska

Publisher:

Published: 2022

Total Pages:

ISBN-13: 9780197630198

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"Disruptive technologies have transformed conflict at sea, creating a dynamic and distributed operational environment that extends from the oceans to encompass warfare on land, in the air, outer space, and cyberspace. Naval warfare throughout this integrated multi-domain, networked seascape raises choice of law decisions that include the law of naval warfare and the law of armed conflict, neutrality law, and the peacetime regimes that apply to the oceans, airspace, outer space, and cyberspace. The international law in networked naval warfare must contend with autonomous vessels and aircraft, artificial intelligence, and long-range precision strike missiles that can close the "kill chain" at sea and beyond. The asymmetrical use of merchant ships and blockchain shipping in naval operations, opening the seabed as a new dimension of undersea warfare, and sophisticated attacks against submarine cables and space satellites pose new operational and legal dilemmas. Navigating this broader conception of the international law of naval warfare requires an understanding of emerging operational capabilities and concepts throughout the spectrum of conflict and the selection and integration of distinct legal regimes"--

Fighting the Fleet
Fighting the Fleet

Author: Jeffrey R Cares

Publisher: Naval Institute Press

Published: 2020-12-15

Total Pages: 186

ISBN-13: 1682477347

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Fighting the Fleet recognizes that fleets conduct four distinct but interlocking tasks at the operational level of war--striking, screening, scouting, and basing--and that successful operational art is achieved when they are brought to bear in a cohesive, competitive scheme. In explaining these elements and how they are conjoined for advantage, a central theme emerges: despite the utility and importance of jointness among the armed forces, the effective employment of naval power requires a specialized language and understanding of naval concepts that is often diluted or completely lost when too much jointness is introduced. Woven into the fabric of the book are the fundamental principles of three of the most important naval theorists of the twentieth century: Rear Admiral Bradley Fiske, Rear Admiral J.C. Wylie, and Captain Wayne Hughes. While Cares and Cowden advocate the reinvigoration of combat theory and the appropriate use of operations research, they avoid over-theorizing and have produced a practical guide that empowers fleet planners to wield naval power appropriately and effectively in meeting today's operational and tactical challenges.