ABSTRACT

Law of the Sea and Naval Operations   [open pdf - 1MB]

Section I is a general survey of the law of the sea. As will be seen, the world's waters are subdivided into various legal regimes, each with differing obligations and rights for those who traverse them. Given the multiple regimes, the judge advocate must be able to answer two very basic questions maritime operators inevitably pose: "May I drive my ship or fly my aircraft there" and, if so, "What are the limitations on my activities in the area?" Using the 1982 Law of the Sea Convention as a point of departure, Section I describes how to determine where the regimes lie and what they mean in practical terms for ship drivers, pilots and operational planners. Armed with the basics, in Section II the reader is introduced to the law of naval operations per se, with emphasis placed on periods of armed conflict. The survey begins with a discussion of the law of neutrality, including the rights of belligerents and neutrals, visit and search operations, and the possible effect of UN operations on neutrality law. It concludes with a brief summary of four traditional concerns during armed conflict at sea -- targeting, mine warfare, deception, and maritime zones.

Author:Schmitt, Michael N.
Astley, John
Publisher:Judge Advocate General School (United States. Air Force)
Date:1997
Copyright:Public Domain
Retrieved From:Air Force Law Review: https://afls10.jag.af.mil/dscgi/ds.py/View/Collection-1788
Format:pdf
Media Type:application/pdf
Source:Air Force Law Review (1997), v.42, pp.119-156
URL:https://www.hsdl.org/?view&did=447577
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