-PDF Download- Freedom Of Navigation And The Law Of The Sea EBOOK

Freedom of Navigation and the Law of the Sea

Author: Cameron Moore

Publisher: Routledge

Published: 2021-02-09

Total Pages: 152

ISBN-13: 042975891X

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.

Navigational Rights and Freedoms and the New Law of the Sea

Author: Donald R. Rothwell

Publisher: BRILL

Published: 2021-10-18

Total Pages: 389

ISBN-13: 9004482660

DOWNLOAD EBOOK →

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.

State Responsibility for Interferences with the Freedom of Navigation in Public International Law

Author: Philipp Wendel

Publisher: Springer Science & Business Media

Published: 2007-09-19

Total Pages: 300

ISBN-13: 3540743324

DOWNLOAD EBOOK →

Conventions covering the law of the sea contain provisions on compensation for wrongful interferences with navigation, though they are rarely applied. This book analyses all relevant compensation provisions and compares them to the general law of state responsibility. The author discusses such issues as the responsibility of international organizations, liability for lawful conduct, and several and joint liability in public international law.

The Free Sea

Author: James Kraska

Publisher: Naval Institute Press

Published: 2018-06-15

Total Pages: 240

ISBN-13: 1682471179

DOWNLOAD EBOOK →

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.

Freedom of Navigation and Globalization

Author: Myron H. Nordquist

Publisher: Martinus Nijhoff Publishers

Published: 2014-10-09

Total Pages: 330

ISBN-13: 9004284087

DOWNLOAD EBOOK →

Freedom of Navigation and Globalization offers a timely analysis of current issues in the Law of the Sea in six Parts. Part I examines co-operative measures taken within the Southeast Asia region to combat piracy and armed robbery against ships, and the historical activities of the Republic of Korea navy in countering piracy. Part II focuses on transnational threats including counter proliferation activities, freedom of navigation, Illegal, Unreported and Unregulated (IUU) fishing, and the regulation of private maritime security companies. Part III consists of two essays on development in the Arctic Ocean. The first updates the activities of the Arctic Council, the second looks at cooperative measures taken by China, Japan, and Korea with respect to science in the Arctic. In Part IV the topic of energy security and sealanes is taken up. Institutional building within ASEAN is examined for maritime security in Southeast Asia. Freedom of navigation is compared with the straight baselines of China in the South China Sea. In the next essay, cooperative efforts to enhance navigational safety and environmental protection in the Straits of Malacca and Singapore are explored. Part V considers balancing marine environmental protection and freedom of navigation. The European Union’s Marine Strategy Framework Directive is reviewed. The dispute settlement regime in UNCLOS and the 2001 International Law Commission Articles on the Responsibility of States for Internationally Wrongful Acts are analyzed for flag State responsibility for pollution violations. The current mechanisms in the South China Sea marine environment are also evaluated. Part VI discusses marine data collection in the context of its applicability to Part XIII of UNCLOS. Attention is given to the various categories and their legal consequences. The last paper in the volume outlines global challenges such as global warming, rising sea level and changes in the ice over in the Polar Regions.

Freedoms of Navigation in the Asia-Pacific Region

Author: Sam Bateman

Publisher: Routledge

Published: 2019-09-16

Total Pages: 139

ISBN-13: 0429557086

DOWNLOAD EBOOK →

The need for freedoms of navigation in regional waters is frequently mentioned in statements from regional forums, but a common understanding of what constitutes a particular freedom of navigation or the relevant law is lacking. This book discusses how law, politics and strategy intersect to provide different perspectives of freedoms on navigation in the Asia-Pacific region. These freedoms are very important in this distinctively maritime region, but problems arise over interpreting the navigational regimes under the law of the sea, especially with regard to the rights of foreign warships to transit another country’s territorial sea without prior notification or authorisation of the coastal state, and with determining the availability of high seas freedoms of navigation and overflight in an exclusive economic zone. The book explores these issues, referring in particular to the position of the main protagonists on these issues in Asian waters – the United States and China – with their strongly opposing views. The book concludes with a discussion of the prospects for either resolving these different perspectives or for developing confidence-building measures that would reduce the risks of maritime incidents. Providing a comprehensive yet concise overview of the various different factors affecting freedom of navigation, this book will be a valuable resource for those working or studying in the fields of international relations, maritime security and the law of the sea.

Islamic Law of the Sea

Author: Hassan S. Khalilieh

Publisher: Cambridge University Press

Published: 2019-05-02

Total Pages: 305

ISBN-13: 1108481450

DOWNLOAD EBOOK →

This pioneering research brings into focus the Islamic contribution and influence in the development of the modern law of the sea.

Freedom of Seas, Passage Rights and the 1982 Law of the Sea Convention

Author: Myron H. Nordquist

Publisher: BRILL

Published: 2009-02-28

Total Pages: 646

ISBN-13: 904742705X

DOWNLOAD EBOOK →

Freedom of the seas and passage rights is a highly topical subject for the international community that cuts across a broad spectrum of scholarly disciplines and maritime operations. The contents of the book include in-depth analysis of current international and regional approaches to freedom of navigation, transit passage through straits used for international navigation, archipelagic sea lanes passage, scientific research and hydrographic surveys in the Exclusive Economic Zone (EEZ), military surveys in the EEZ, as well as vessel source pollution and protection of the marine environment. Many of the chapters describe measures in place at multilateral and regional levels to improve information sharing and operational coordination. This collection will especially appeal to those concerned with freedom of the seas and passage rights. The CD accompanying the volume includes important documents such as the UN Convention on the Law of the Sea as well many PowerPoint presentations delivered at the conference. It also includes a draft index to the multi-volume series United Nations Convention on the Law of the Sea 1982: A Commentary. This book contains the edited papers and associated documents from the 32nd annual Virginia conference held in Singapore, January 9-10, 2008. Presentations were delivered by government officials, senior naval and coast guard commanders as well as by leading jurists and academics with impressive expertise in the law of the sea.

South China Sea Developments And Implications For Freedom Of Navigation

Author: Arabinda Acharya

Publisher: World Scientific

Published: 2021-08-18

Total Pages: 198

ISBN-13: 1800610351

DOWNLOAD EBOOK →

The South China Sea (SCS) has emerged as a theatre of political, economic, and security concerns not only for the countries in the region but also for the world at large. Contrary to conventional wisdom, the SCS issue is not about contestation over territory or control over resources alone. With military facilities including airstrips and artificial islands or structures being built in the area, concerns about freedom of navigation and the right to innocent passage have also become an overwhelming security issue and made the SCS region a flashpoint which, according to many assessments, can lead to confrontations including those involving conventional military means. Disruption of maritime passage could also hamper trade and commerce with very negative impacts on the economic development of the region and other countries. It is now being held that China could also be using the SCS disputes as part of a consorted effort to deflect geo-political pressures on account of the COVID-19 pandemic-related cover-ups and misinformation.This book explores the historical and strategic context of the South China Sea disputes and makes an assessment of the implications of the same for freedom of navigation and other regimes at sea.

Cooperation and Engagement in the Asia-Pacific Region

Author: Myron H. Nordquist

Publisher: BRILL

Published: 2019-11-11

Total Pages: 523

ISBN-13: 9004412026

DOWNLOAD EBOOK →

Cooperation and Engagement in the Asia-Pacific Region provides valuable insight into a region that encompasses many important maritime regions, and harbors promising opportunities for maritime cooperation and engagement.