"Freedom for the Seas in the 21st Century" brings together leading international experts on marine policy to address current threats to the health of the seas and to offer new approaches to the challenge of protecting our marine environment. The paradigm presented is one of ocean governance rather than of law or policy; it challenges the prevailing concept of "freedom of the seas" and calls instead for a governing notion of "freedom for the seas" where the primary goal is the protection of ecological vitality.Topics covered include: strategies for controlling ocean pollution regulation of high-seas fishing defects in current deep seabed mining regulatory provisions threats to the marine environment posed by military activities
Freedom for the Seas in the 21st Century brings together leading international experts on marine policy to address current threats to the health of the seas and to offer new approaches to the challenge of protecting our marine environment. The paradigm presented is one of ocean governance rather than of law or policy; it challenges the prevailing concept of "freedom of the seas" and calls instead for a governing notion of "freedom for the seas" where the primary goal is the protection of ecological vitality. Topics covered include: *strategies for controlling ocean pollution *regulation of high-seas fishing *defects in current deep seabed mining regulatory provisions *threats to the marine environment posed by military activities
China’s reaction to the United States’ new maritime strategy will significantly impact its success, according to three Naval War College professors. Based on the premise that preventing wars is as important as winning wars, this new U.S. strategy, they explain, embodies a historic reassessment of the international system and how the United States can best pursue its interests in cooperation with other nations. The authors contend that despite recent turbulence in U.S.-China military relations, substantial shared interests could enable extensive U.S.-China maritime security cooperation, as they attempt to reach an understanding of “competitive coexistence.” But for professionals to structure cooperation, they warn, Washington and Beijing must create sufficient political and institutional space.
The Free Sea offers a unique, single-volume analysis of incidents in American history that affected U.S. freedom of navigation at sea. The book spans more than 200 years, beginning in the Colonial era with the Quasi-War with France in 1798 and extending to contemporary Freedom of Navigation operations in the South China Sea. Through wars and numerous crises with North Korea, North Vietnam, Cambodia, Iran, Russia and China, freedom of navigation has been a persistent challenge for the United States, a nation reliant on open seas for economic prosperity, military security and global order. This volume focuses on the struggle to retain freedom of the seas. Challenges to U.S. warships and maritime commerce have pushed, and continue to challenge, the United States to vindicate its rights through diplomatic, legal, and military means, underscoring the need for the strategic resolve in the global maritime commons.
This book offers an assessment of the naval policies of emerging naval powers, and the implications for maritime security relations and the global maritime order. Since the end of the Cold War, China, Japan, India and Russia have begun to challenge the status quo with the acquisition of advanced naval capabilities. The emergence of rising naval powers is a cause for concern, as the potential for great power instability is exacerbated by the multiple maritime territorial disputes among new and established naval powers. This work explores the underlying sources of maritime ambition through an analysis of various historical cases of naval expansionism. It analyses both the sources and dynamics of international naval competition, and looks at the ways in which maritime stability and the widespread benefits of international commerce and maritime resource extraction can be sustained through the twenty-first century. This book will be of much interest to students of naval power, Asian security and politics, strategic studies, security studies and IR in general.
Accompanying DVD contains 2 segments: the first shows the developmental process into making the report, the second shows a summary of the findings and recommendations of the report.
Transcribed by William E. Butler into English for the first time, from Du Ponceau's hand, a translation of Gérard de Rayneval's On the Freedom of the Sea. A previously overlooked and unpublished contemporary translation by Peter S. Du Ponceau of the classic treatise by Joseph-Mathias Gérard de Rayneval, De la liberté des mers (Paris, 1811), edited with an extensive introduction by William E. Butler. Successor two centuries later to Grotius' classic writings on the freedom of the seas, Gérard de Rayneval's work affirmed the principles of natural and positive law applicable to naval warfare, privateers, the law of prize, the deep seabed and high seas, neutrality, and international straits from a French perspective deeply sympathetic to American views of the time. Gérard de Rayneval cherished the hope that Napoleon might be inspired by the work to draft a code of maritime law. This treatise informed negotiations that led to the 1856 Declaration of Paris and was widely cited by continental jurists during the 19th century. "Professor William Butler's careful scholarship and clear presentation bring to life an important translation of Gérard de Rayneval's work on the law of the sea, a topic of continuing interest to scholars and mariners alike in the 21st century. Professor Butler's detailed introduction and editing of Du Ponceau's translation offer essential background for familiar maritime concepts and adds richness to the body of work explaining the legal regimes surrounding the use of the world's seas." --James W. Houck Vice Admiral, Judge Advocate General's Corps, U.S. Navy (Ret.), Interim Dean and Distinguished Scholar in Residence, Penn State, The Dickinson School of Law WILLIAM E. BUTLER is the John Edward Fowler Distinguished Professor of Law, Dickinson School of Law, Pennsylvania State University, Emeritus Professor of Comparative Law, University of London, Foreign Member, National Academy of Sciences of Ukraine and National Academy of Legal Sciences of Ukraine. JOSEPH-MATHIAS GÉRARD DE RAYNEVAL (1736-1812) was First Deputy Minister of Foreign Affairs and an international lawyer. He was a significant mediator in Anglo-French relations who composed an important memorandum of French strategy for secret assistance to the Americans entitled "Reflections on the Situation in America" (1776). He was a key negotiator in the commercial Eden Treaty (1786), which was signed by him on behalf of France. In 1804 he was awarded the Cross of the Legion of Honor for his contributions to the literature of international law. PETER STEPHEN DU PONCEAU (1760-1844) was a Franco-American jurist who came to America at the age of 17 and lived in Philadelphia, where he practiced international law until his death. He was president of the American Philosophical Society. In 1810 he published a translation of Bynkershoek's A Treatise on the Law of War.
Navigational rights and freedoms have been central to the development of the law of the sea since the original debates over whether the seas were `open' or `closed' to maritime traffic. The 1982 UN Convention on the Law of the Sea recognises the legitimate rights of coastal states to proclaim sovereignty and assert jurisdiction over vast areas of maritime space. In return, maritime states are given a range of navigational rights over waters ranging from the territorial sea through to the high sea. The new regime of the law of the sea created by the Convention presents an opportunity to review developments in the law of navigational rights and freedoms. This book assesses the navigational regime established by the 1982 Convention, with emphasis given to the continuing importance of the freedom of the seas. Navigation in the territorial sea and international straits is reviewed, especially in the Straits of Malacca and Singapore, and the Torres Strait. Archipelagic navigation from the perspective of two claimant states, Indonesia and the Philippines, and a user state, South Korea, is also considered. The interaction of environmental concerns with navigational rights is an important feature of the current law of the sea regime with relevant conventions assessed and the role of the International Maritime Organization in developing navigational standards considered. Both European and Canadian practice in the protection of sensitive marine environments and the impact upon navigational rights is also considered. Finally, the roles of the International Tribunal for the Law of the Sea and the International Maritime Organization in dispute resolution are reviewed, before a concluding consideration of the future for navigational rights and freedoms in the twenty-first century.
"Elizabeth DeLoughrey invokes the cyclical model of the continual movement and rhythm of the ocean (‘tidalectics’) to destabilize the national, ethnic, and even regional frameworks that have been the mainstays of literary study. The result is a privileging of alter/native epistemologies whereby island cultures are positioned where they should have been all along—at the forefront of the world historical process of transoceanic migration and landfall. The research, determination, and intellectual dexterity that infuse this nuanced and meticulous reading of Pacific and Caribbean literature invigorate and deepen our interest in and appreciation of island literature." —Vilsoni Hereniko, University of Hawai‘i "Elizabeth DeLoughrey brings contemporary hybridity, diaspora, and globalization theory to bear on ideas of indigeneity to show the complexities of ‘native’ identities and rights and their grounded opposition as ‘indigenous regionalism’ to free-floating globalized cosmopolitanism. Her models are instructive for all postcolonial readers in an age of transnational migrations." —Paul Sharrad, University of Wollongong, Australia Routes and Roots is the first comparative study of Caribbean and Pacific Island literatures and the first work to bring indigenous and diaspora literary studies together in a sustained dialogue. Taking the "tidalectic" between land and sea as a dynamic starting point, Elizabeth DeLoughrey foregrounds geography and history in her exploration of how island writers inscribe the complex relation between routes and roots. The first section looks at the sea as history in literatures of the Atlantic middle passage and Pacific Island voyaging, theorizing the transoceanic imaginary. The second section turns to the land to examine indigenous epistemologies in nation-building literatures. Both sections are particularly attentive to the ways in which the metaphors of routes and roots are gendered, exploring how masculine travelers are naturalized through their voyages across feminized lands and seas. This methodology of charting transoceanic migration and landfall helps elucidate how theories and people travel, positioning island cultures in the world historical process. In fact, DeLoughrey demonstrates how these tropical island cultures helped constitute the very metropoles that deemed them peripheral to modernity. Fresh in its ideas, original in its approach, Routes and Roots engages broadly with history, anthropology, and feminist, postcolonial, Caribbean, and Pacific literary and cultural studies. It productively traverses diaspora and indigenous studies in a way that will facilitate broader discussion between these often segregated disciplines.
At the beginning of the 21st century much has remained the same in naval terms but much has changed. Geoffrey Till's study is an exploration of how change will impact upon the world's navies.
