- Filename: naval-law-review.
- ISBN: UVA:35007006858959
- Release Date: 2005
- Number of pages:
This issue of "Naval Law Review" contains the following articles: "The Unconstitutional Prosecution of the Taliban under the Military Commissions Act," by Commander Syed N. Ahmad, JAGC, USN; "The Continuing Fallout from 'Crawford': Implications for Military Justice Practitioners," by Lieutenant Commander David M. Gonzalez, JAGC, USN; "Building the Global Maritime Security Network: A Multinational Legal Structure to Combat Transnational Threats," by Lieutenant Commander Jon D. Peppetti, JAGC, USN; "Interdiction on the High Seas: The Role and Authority of a Master in the Boarding and Searching of his Ship by Foreign Warships," by Commander David G. Wilson, JAGC, USN; "The Military Commissions Act of 2006: An Unnecessary Scheme for Second-Class Justice or an Essential Means to Prosecute Persons Who Would Otherwise Escape Accountability," by Benjamin V. Madison, III; "The Neglected Debate over Sexual Assault Policy in the Department of Defense," by Lieutenant Keith B. Lofland, JAGC, USN; "Federal Court Developments in Military Personnel Law: Protecting Service Members," by John A. Wickham; and "Lightning but no Thunder: The Need for Clarity in Military Courts Regarding the Definition of Mental Retardation in Capital Cases and for Procedures in Implementing 'Atkins v. Virginia, '" by Lieutenant Jessica Hudson, JAGC, USN, ENS Kyle Fralick, JAGC, USN, and First Lieutenant John A. Sautter, USMC.
The Yearbook of International Humanitarian Law is the world's only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.
The world's only annual publication devoted to the study of the laws of armed conflict, the Yearbook of International Humanitarian Law provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this highly topical branch of international law. Ease of use of the Yearbook is guaranteed by the inclusion of a detailed index. Distinguished by its topicality and contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.
This volume brings together articles on the law of armed conflict and the use of force from the Max Planck Encyclopedia of Public International Law, the definitive reference work on international law. It provides an invaluable resources for scholars, students, and practitioners of international humanitarian law, giving an accessible, thorough overview of all aspects of the field. Each article contains cross-references to related articles, and includes a carefully selected bibliography of the most important writings and primary materials as a guide to further reading. The Encyclopedia can be used by a wide range of readers. Experienced scholars and practitioners will find a wealth of information on areas that they do not already know well as well as in-depth treatments on every aspect of their specialist topics. Articles can also be set as readings for students on taught courses.
The attacks of September 11, 2001, the US response and the international community's approval of the subsequent military action represent a new paradigm in the international law relating to the use of force. Previously, acts of terrorism were seen as criminal acts carried out by private, non-governmental entities. In contrast, the September 11 attacks were regarded as an act of war which marked a turning point in international relations and law. This exceptional and timely volume examines the use of force in the war against terror. The work is based on the central theme that the use of force is visibly enrolled in a process of change and it evaluates this within the framework of the uncertainty and indeterminacy of the UN Charter regime. The status of pre-emptive self-defence in international law and how it applies to US policy towards rogue states is examined along with the use of military force, including regime change, as an acceptable trend in the fight against state-sponsored terrorism.
This volume examines a large number of topics related to the struggle and in a remarkably concise exploration, makes them understandable to experts in international law as well as those who do not have a strong background in the field. This text provides a serious but concise review of the legal issues in 20 interrelated chapters. All constitutional law scholars and political scientists will greatly benefit from reading this book. No other text offers such a comprehensive or detailed review of the issues arising from the war on terror.
This book deals with the identification of the aggressor state under International Law. This issue raises a deceptively easy question, that is, how does one distinguish the aggressor state from the victim state in situations involving the unilateral use of force? In a straightforward situation where state A attacks state B without any provocation, it is clear that state A is the aggressor. However, confusion begins to arise when state A first attacks state B as a form of ‘anticipatory’ self-defence; or when state A first attacks state B as a form of ‘pre-emptive’ self-defence; or when state A attacks state B in order to prevent state B from committing gross human rights atrocities against its own nationals. In all of these latter situations, the current rules are unclear and therefore either make it impossible to distinguish between the aggressor state and the victim state or give the aggressor state an unfair advantage over the victim state. This book utilizes general principles of Criminal Law in an attempt to tackle these questions and ultimately to devise a solution for distinguishing between the aggressor and the victim state regardless of the circumstances. Attention has also been given to the field of international relations.
The principal aim of this book is to address the international legal questions arising from the 'right of visit on the high seas' in the twenty-first century. This right is considered the most significant exception to the fundamental principle of the freedom of the high seas (the freedom, in peacetime, to remain free of interference by ships of another flag). It is this freedom that has been challenged by a recent significant increase in interceptions to counter the threats of international terrorism and WMD proliferation, or to suppress transnational organised crime at sea, particularly the trafficking of narcotics and smuggling of migrants. The author questions whether the principle of non-interference has been so significantly curtailed as to have lost its relevance in the contemporary legal order of the oceans. The book begins with an historical and theoretical examination of the framework underlying interception. This historical survey informs the remainder of the work, which then looks at the legal framework of the right of visit, contemporary challenges to the traditional right, interference on the high seas for the maintenance of international peace and security, interferences to maintain the 'bon usage' of the oceans (navigation and fishing), piracy j'ure gentium'and current counter-piracy operations off the coast of Somalia, the problems posed by illegal, unregulated and unreported fishing, interdiction operations to counter drug and people trafficking, and recent interception operations in the Mediterranean Sea organised by FRONTEX.
An introduction to military naval law focussing 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 questi
The changing rules on the use of force in international law considers the main legal issues concerning the use of force by international organisations and states. It assesses the achievements and failures of the United Nations' collective security system, and discusses the prospects ahead. It also deals with the use of force by states in self-defence and on other legal grounds. The book discusses to what extent the rules on the use of force have evolved since the end of the Cold War in order to meet the needs of the international community. It focuses in particular on the military operations directed against terrorism and weapons of mass destruction. The research is developed from the standpoint of the sources of international law. It rejects a static vision of the rules on the use of force, including those enshrined in the UN Charter. Rather, it highlights the interaction between conventional and customary international law and the exposure of both sources to state practice.
This work describes in detail such issues as the concurrent development of international law and the law of the sea, the complex negotiating process that resulted in the completed Law of Sea Convention and policy directions and issues for the US in the post-convention environment.
This monograph addresses the legal and policy issues relating to the commercial exploitation of natural resources in outer space. It begins by establishing the economic necessity and technical feasibility of space mining today, an estimate of the financial commitments required, followed by a risk analysis of a commercial mining venture in space, identifying the economic and legal risks. This leads to the recognition that the legal risks must be minimised to enable such projects to be financed. This is followed by a discussion of the principles of international space law, particularly dealing with state responsibility and international liability, as well as some of the issues arising from space mining activities. Much detail is devoted to the analysis of the content of the common heritage of mankind doctrine. The monograph then attempts to balance such interests in creating a legal and policy compromise to create a new regulatory regime.
Maritime Security and the Law of the Sea examines the rights and duties of states across a broad spectrum of maritime security threats. It provides comprehensive coverage of the different dimensions of maritime security in order to assess how responses to maritime security concerns are, and should be, shaping the law of the sea. The discussion canvasses passage of military vessels and military activities at sea, law enforcement activities across the different maritime zones, information sharing and intelligence gathering, as well as armed conflict and naval warfare. In doing so, this book not only addresses traditional security concerns for naval power but also examines responses to contemporary maritime security threats, such as terrorism, weapons of mass destruction, piracy, drug-trafficking, environmental damage and illegal fishing. While the protection of sovereignty and national interests remain fundamental to maritime security and the law of the sea, there is increasing acceptance of a common interest that exists among states when seeking to respond to a variety of modern maritime security threats. It is argued that security interests should be given greater scope in our understanding of the law of the sea in light of the changing dynamics of exclusive and inclusive claims to ocean use. More flexibility may be required in the interpretation and application of the UN Convention on the Law of the Sea if appropriate responses to ensure maritime security are to be allowed.
Drawing on the operational experience of United Nations naval peace operations, this book examines issues of authority for such operations as they relate to and impact upon the Territorial Sea.