The Law of Maritime Blockade sets out the law applicable to maritime blockades in armed conflict, testing the traditional rules of maritime blockade against the requirements of contemporary international humanitarian law. An important issue addressed is the legality of a blockade even if it results in mass starvation of the affected population.
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
Although appearing to be a relatively benign method of warfare when viewed from a distance, a close examination of maritime blockade unveils a sinister character that can, in cases where countries are highly reliant on imports of foodstuffs to feed their populations, prove incredibly deadly, particularly for the young and elderly. This book is unique in that it is the only contemporary book that is dedicated to the study of the law of maritime blockade in the context of modern humanitarian law. Reviewing the development of blockade law over the past four centuries, The Law of Maritime Blockade provides a historical analysis of the law as it emerged, tracing its evolution through armed conflicts between 1684 and the present. Referring to the starvation caused by the blockade of Germany during World War I and the humanitarian crisis caused by the sanctions regime against Iraq (1991-2003), this book demonstrates that blockade can have extremely deleterious effects for vulnerable civilian populations. In this context the current law of blockade is examined, and found to be deficient in terms of its protection for civilians. Recognizing and advocating that blockade should remain as a valid and effective method of warfare, the book offers a template for a modern law of maritime blockade that incorporates many of the traditional aspects of the law, while reducing the possibilities that blockades can cause or exacerbate humanitarian disasters.
This new collection of scholarly, readable, and up-to-date essays covers the most significant naval blockades of the nineteenth and twentieth centuries. Here the reader can find Napoleon’s Continental Blockade of England, the Anglo-American War of 1812, the Crimean War, the American Civil War, the first Sino-Japanese War 1894-95, the Spanish-American War, the First World War, the second Sino-Japanese War 1937-45, the Second World War in Europe and Asia, the Nationalist attempt to blockade the PRC, the Korean War, the Cuban Missile Crisis, the Vietnam War, the British blockade of Rhodesia, the Falklands War, the Persian Gulf interdiction program, the PRC "missile" blockade of Taiwan in 1996, and finally Australia's recent "reverse" blockade to keep illegal aliens out of the country. The authors of each chapter address the causes of the blockade in question, its long and short-term repercussions, and the course of the blockade itself. More generally, they address the state of the literature, taking advantage of new research and new methodologies to provide something of value to both the specialist and non-specialist reader. Taken as a whole, this volume presents fresh insights into issues such as what a blockade is, why countries might choose them, which navies can and cannot make use of them, what responses lead to satisfactory or unsatisfactory conclusions, and how far-reaching their consequences tend to be. This book will be of great interest to all students and scholars of strategic studies, military history and maritime studies in particular.
Published at a time when international law was processing the challenges introduced during World War II and the Korean Conflict, and when the United Nations, the World Court and other new international bodies were exerting influence as judicial bodies, Tucker's analysis was a timely guide to a legal field in the midst of unprecedented change. Tucker is professor emeritus of American foreign policy at the Nitze School of Advanced International Studies, Johns Hopkins University. A graduate of the U.S. Naval Academy and UC-Berkeley, where he earned a Ph.D. in political science, he is the author of several notable books including The Just War (1960), The Inequality of Nations (1977) and, with David C. Hendrickson, The Imperial Temptation: The New World Order and America's Purpose (1992). xiii, 448 pp.
This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject-matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject-matters discussed are, inter alia: the Relationship between jus ad bellum / jus in bello; Historical Evolution of IHL; Basic Principles and Sources of IHL; Martens Clause; International and Non-International Armed Conflicts; Material, Spatial, Personal and Temporal Scope of Application of IHL; Special Agreements under IHL; Role of the ICRC; Targeting; Objects Specifically Protected against Attack; Prohibited Weapons; Perfidy; Reprisals; Assistance of the Wounded and Sick; Definition of Combatants; Protection of Prisoners of War; Protection of Civilians; Occupied Territories; Protective Emblems; Sea Warfare; Neutrality; Implementation of IHL.
This book explores various aspects of the roles and responsibilities of coast guards, which are increasingly becoming significant today, and sheds light on their authority and limitations in the course of maritime law enforcement. It is unique in its unraveling of all facets of coast guards, focusing on their law enforcement authority and limitations from a practical perspective. It details the principles and procedures that coast guard officers are required to follow in the course of international law at sea by examining treaties, conventions, international rulings, and theories. The text employs a comparative study of national coast guards and a review of cases concerning international maritime law enforcement. It provides practical insights into coast guards and their law enforcement, based on the author’s career experience and service as a Commissioner General in the Korea Coast Guard. As such, this book will serve as a good reference in practice and contribute to the formulation of guidelines and criteria of maritime law enforcement of coast guards.
Tells the story of the growing Chinese Navy - The People's Liberation Army Navy (PLAN) - and its expanding capabilities, evolving roles and military implications for the USA. Divided into four thematic sections, this special collection of essays surveys and analyzes the most important aspects of China's navel modernization.