Law Of Naval Warfare Research Articles

The Law of Naval Warfare: A Comparative Analysis in the Islamic Law of Armed Conflict and International Humanitarian Law

The Law of Naval Warfare: A Comparative Analysis in the Islamic Law of Armed Conflict and International Humanitarian Law

INTRODUCTORY STUDY ON THE INTERNATIONAL HUMANITARIAN LAW APPLICABLE TO ARMED CONFLICTS AT SEA

The purpose of the international humanitarian law applicable to armed conflicts at sea is the same as the International Humanitarian Law relevant to land conflicts: to reduce the destructive consequences of the armed conflict to a minimum, to protect the civilians and other non-combatants, as well as the civilian and cultural objects, to ensure a minimal consideration of some fundamental human rights and to limit the means and methods of warfare in accordance with the four customary cardinal principles, as considered by the International Court of Justice in its advisory opinion on the Legality of the Use of Nuclear Weapons: the principles of humanity, distinction, proportionality and military necessity. Without any pretense of being an exhaustive study on the subject, the purpose of this article is to offer introductory insight into the international law of naval warfare.

Questions of the laws and customs of war in the works of representatives of the Kiev school of international law of the XIX – early XX centuries)

This article explores the contribution of scientists, who’s scientific and teaching activities were associated with the Department of International Law of the University of St. Volodymyr in Kiev, in the development of problems of the law of war. In the XIX century began the process of codification of laws and customs of war, which is carried out in two directions – the protection of war victims (i.e., the Geneva law, which began with the Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field 1864) and legal regulation of limits on methods and means of waging war (i.e. the Hague Law, which began with documents such as the Liber Code 1863, the St. Petersburg Declaration Renouncing the Use, in Time of War, of Explosive Projectiles Under 400 Grammes Weight 1868 and the draft Brussels Declaration Concerning the Laws and Customs of War 1874), which eventually led to adoption of the Hague Conventions of 1899 and 1907. It is not surprising, therefore, that the international legal doctrine of the nineteenth century in many countries has paid considerable attention to the study of issues related to the laws and customs of war. International lawyers, whose scientific activity was connected with St. Volodymyr's University in Kyiv, were no exception. All of them have published works on the general question of the relationship between war and international law, or the legal regulation of limits on methods and means of waging war and protecting the victims of war. This topic also dominates in their dissertation research, in particular the dissertation pro venia legendi by R. Baziner, master's dissertation by N. Rennenkampf, master's and doctoral dissertations by O. Eikhel’man and P Bogaevskii. Among the topics that were the subject of scientific research of pre-revolutionary Kyiv international lawyers can be identified general issues of the relationship between war and international law (V. Nezabitovskii), the law of naval warfare, in particular the inviolability of private property during naval war (N. Rennenkampf, R. Baziner), legal status of prisoners of war (O. Eichelman), rights and responsibilities of the occupying state (O. Eikhel’man), legal issues of the Red Cross (P. Bogaevskii), legal content and history of adoption Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field of August 22, 1864 (P. Bogaevskii).

MARITIME AUTONOMOUS VEHICLES: NEW FRONTIERS IN THE LAW OF THE SEA

AbstractThe ongoing development of diverse maritime autonomous vehicles for varied ocean activities—ranging from scientific research, security surveillance, transportation of goods, military purposes and commission of crimes—is prompting greater consideration of how existing legal frameworks accommodate these vehicles. This article brings together the core legal issues, as well as current developments in relation to commercial shipping, the law of naval warfare, and maritime security. This article captures how these issues are now being addressed and what other legal questions will likely emerge as the newest technology impacts on one of the oldest bodies of international law.

Guerrillas in the Sea Mist

Building upon recent scholarship about the maritime militia of the People’s Republic of China, this article analyzes a number of concerns about that militia’s status and its activities under existing regimes of international law. First, it lays the foundation of general principles of state responsibility and attribution as they pertain to the maritime militia. Thereafter, it identifies and applies three specialized bodies of international law to China’s use of its maritime militia, including the law of the sea, the use of force by states, and the law of naval warfare. Ultimately, the article concludes that there are serious potential consequences and ramifications under international law arising from China’s maritime militia. Looking ahead, the article then provides a series of recommended options that other nations should consider in addressing these legal problems.

Protection considerations in the law of naval warfare: The Second Geneva Convention and the role of the ICRC

From early history, people have used the sea, lakes and rivers for trade and commerce, for adventure and discovery. Despite these close ties, our survival on water depends on man-made objects such as ships, navigation systems and oxygen tanks. If we get injured or sick on water, or if our ships sink, we are vulnerable and our lives are in immediate danger.

International law and the military use of unmanned maritime systems

AbstractUnmanned maritime systems (UMSs) comprise an important subcategory of unmanned military devices. While much of the normative debate concerning the use of unmanned aerial and land-based devices applies equally to those employed on or under water, UMS present unique challenges in understanding the application of existing law. This article summarizes the technological state of the art before considering, in turn, the legal status of UMSs, particularly under the UN Convention on the Law of the Sea (UNCLOS), and the regulation of their use under the law of naval warfare. It is not yet clear if UMSs enjoy status as ships under UNCLOS; even if they do, it is unlikely that they can be classified as warships. Nevertheless, their lawful use is not necessarily precluded in either peacetime or armed conflict.

ATURAN PERANG DI LAUT: SAN REMO MANUAL SEBAGAI SUMBER HUKUM INTERNASIONAL

Law of naval warfare did not develop since Den Haag Convention in 1907. In 1994, international community was succeeding in making a regulation on naval warfare, which could be used by countries, which did naval warfare. That regulation called San Remo Manual. This Manual was prepared by famous international law scholars and members of navy around the world, in their individual capacity. The making of this Manual can be done with fully supported from International Institute of International Humanitarian Law and International Committee of the Red Cross. However, in international law, San Remo Manual does not have law enforcement and can not be the source of international law if there are armed conflicts between states in naval warfare. In order to be categorized as the source of international law, this manual should be in the form of an international convention or until all of the regulation in this Manual becomes an international customary law.

The Law of Naval Warfare at the Turn of two Centuries

The law of naval warfare as it existed in 1899 and as it is understood in 1999 exhibits a few similarities but many differences. The fundamental similarity is that the law of naval warfare can be seen, then as now, as consisting primarily of customary international law. The many differences in this law have been caused by the major changes in war at sea and the law of the sea. In 1899 war at sea meant combat primarily by gunfire between surface warships, control of maritime commerce, and shore bombardment. Today, war at sea also involves nuclear-powered aircraft carriers; supersonic aircraft, helicopters and tilt-rotor aircraft; submarines; high-speed patrol craft; ballistic, cruise, and other guided missiles; long-range secure communications for command, control, computers, intelligence, surveillance, and reconnaissance; radar; underwater sound technology; electronic and information warfare; satellites in space; unmanned aerial and undersea vehicles; and stealth and computer technology; as well as expeditionary and amphibious capabilities. Nevertheless, the fundamental role of navies continues to be to establish control at sea or to deny it to the enemy, linking that control to broad political and economic issues ashore. In view of these constants and changes, this article reviews the state of the law of naval warfare at the end of the nineteenth and twentieth centuries and assesses its future prospects.

Early-Modern Literature on International Law and the Usus Modernus

AbstractA single, fairly simple proposition lies at the heart of the present contribution, viz. that the development of early-modern literature on international law should be regarded as a specific form of the early usus modernus during the second half of the sixteenth century and the first half of the seventeenth century.In Section 1 that general proposition and some of its ramifications will receive some further explanation. First, the main characteristics of usus modernus will be set out, and, subsequently, their applicability to early-modern literature on international law will be outlined. In addition, the question should be raised, what purpose the characterisation of that literature as part of the more general usus modernus may serve. These considerations may inevitably appear somewhat abstract. Section 2 will therefore aim to provide a particular illustration, based on two contemporary works on the law of naval warfare, viz. A. Gentili's Hispanicae Advocationis Libri Duo and H. Grotius' De jure praedae.

The Law of Naval Warfare: Targeting Enemy Merchant Shipping

VRÜ Verfassung und Recht in Übersee , Seite 566 - 568

Legal Aspects of Targeting in the Law of Naval Warfare

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The Law of Naval Warfare

The Law of Naval Warfare

The Laws of Armed Conflicts: A Collection of Conventions, Resolutions and Other Documents, 3rd Edition. Edited by Dietrich Schindler and Jiri Toman and The Law of Naval Warfare: A Collection of Agreements and Documents with Commentaries. Edited by Natalino Ronzitti

Journal Article The Laws of Armed Conflicts: A Collection of Conventions, Resolutions and Other Documents , 3rd Edition. Edited by Dietrich Schindler and Jiri Toman and The Law of Naval Warfare: A Collection of Agreements and Documents with Commentaries . Edited by Natalino Ronzitti Get access Christopher Greenwood Christopher Greenwood Search for other works by this author on: Oxford Academic Google Scholar British Yearbook of International Law, Volume 60, Issue 1, 1989, Pages 452–453, https://doi.org/10.1093/bybil/60.1.452 Published: 01 November 1990

The Law of Naval Warfare: A Collection of Agreements and Documents with Commentaries. Edited by Natalino Ronzitti. Dordrecht, The Netherlands: Martinus Nijhoff, 1988. Pp. 888. (U.S. $215.00).

The Law of Naval Warfare: A Collection of Agreements and Documents with Commentaries. Edited by Natalino Ronzitti. Dordrecht, The Netherlands: Martinus Nijhoff, 1988. Pp. 888. (U.S. $215.00).

The Law of Naval Warfare

The Law of Naval Warfare

The Exclusion Zone Device in the Law of Naval Warfare

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The Protocol Additional to the Geneva Conventions for the Protection of Victims of International Armed Conflicts and the United Nations Convention on the Law of the Sea. Repercussions on the Law of Naval Warfare

"Verfassung und Recht in Übersee (VRÜ)" analysiert die Verfassungs- und Rechtsentwicklung in den Staaten Asiens, Afrikas und Lateinamerikas sowie deren regionale wie internationale Einbindung. Die Zeitschrift widmet sich verfassungsvergleichend Regionen ausserhalb Europas unter Einbeziehung theoretischer und methodischer Grundlagen. Gegründet 1968 und inspiriert von Dekolonialisation und kooperativem Aufbruch veröffentlicht sie nicht zuletzt Untersuchungen zum Entwicklungsrecht.

The Protocol Additional to the Geneva Conventions for the Protection of International Armed Conflicts and the United Nations Convention on the Law of the Sea : Repercussions on the Law of Naval Warfare

The Protocol Additional to the Geneva Conventions for the Protection of International Armed Conflicts and the United Nations Convention on the Law of the Sea : Repercussions on the Law of Naval Warfare

U.S. Naval War College, International Law Studies 1966: W. T. Mallison Jr., “Studies in the Law of Naval Warfare: Submarines in General and Limited Wars”. U.S. Government Printing Office, Washington 1968; xv en 230 blz.

U.S. Naval War College, International Law Studies 1966: W. T. Mallison Jr., “Studies in the Law of Naval Warfare: Submarines in General and Limited Wars”. U.S. Government Printing Office, Washington 1968; xv en 230 blz.