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Maritime Security and the Law of the Sea

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ISBN-10: 0199668140

ISBN-13: 9780199668144

Edition: 2012

Authors: Natalie Klein

List price: $47.99
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Description:

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, andshould 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, thisbook not only addresses traditional security concerns for naval power but also examines responses to…    
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Book details

List price: $47.99
Copyright year: 2012
Publisher: Oxford University Press
Publication date: 10/4/2012
Binding: Paperback
Pages: 376
Size: 6.77" wide x 9.21" long x 0.81" tall
Weight: 1.232
Language: English

Abbreviations
Table of Cases
Table of Treaties
Two Fundamental Concepts
Introduction
Two Fundamental Concepts
Defining maritime security
Security in the international system
Security interests in ocean space and ocean use
What is 'maritime security'?
Freedoms of the high seas
Mare liberum
Inclusivity and exclusivity in the development of the law of the sea
Maritime Security and the Law of the Sea
Passage and Military Activities
Introduction
Passage of Warships
Geographic application of passage regimes
Warships and innocent passage
Warships and transit passage and archipelagic sea lanes passage
Coastal state powers vis-�-vis passage of warships
Special requirements for submarines and nuclear-powered or equipped vessels
Conclusion
Military Activities Beyond the Territorial Sea
Military activities in the EEZ
Weapons tests on the high seas
Security zones
Conclusion
Law Enforcement Activities
Introduction
Ports and Internal Waters
Enforcement of laws for actions occurring in ports and internal waters
Enforcement of laws for actions occurring outside ports and internal waters
Conclusion
Territorial Sea
Innocent passage and exercise of criminal jurisdiction
Increasing enforcement powers of the coastal state: marine pollution
Increasing enforcement powers of the coastal state: fisheries
Encroachments on exclusive enforcement jurisdiction of coastal state
Straits
Contiguous Zone
Exclusive Economic Zone
Fishing
Marine pollution
Conclusion
Continental Shelf
Exploration and exploitation of the continental shelf
Submarine cables and pipelines
Artificial islands, installations, and structures
Conclusion
High Seas
Right of hot pursuit
Right of visit
Piracy
Slavery, people smuggling, and trafficking
Unauthorized broadcasting
Drug trafficking
IUU fishing
Conclusion
Conclusion
Terrorism and Proliferation of Weapons of Mass Destruction
Introduction
Initial Responses to Maritime Terrorism-1988 SUA Convention
Initial Legal Responses to WMD Proliferation
Increasing Port State Controls
ISPS Code
Container Security Initiative and WCO Framework of Standards
Conclusion
Interdictions Outside the Territorial Sea
2005 SUA Protocol
Offences under the 2005 SUA Protocol
Ship-boarding procedure
Location of ship-boarding
Requesting permission to board
Consent to ship-boarding
Required safeguards in undertaking a ship-boarding
Outcomes from a ship-boarding
Bilateral ship-boarding agreements
Offences
Ship-boarding procedure
Third states
Conclusion
Proliferation Security Initiative
Participants and non-participants in the PSI
Targets of the PSI
Consistency with international law
Interdictions by participants in their ports, internal waters or territorial sea
Ports and internal waters
Territorial seas
Contiguous zone
Interdictions by participant states of their flagged vessels
Interdictions by participant states of foreign vessels
Law-making nature of the PSI
Conclusion
Conclusion
Intelligence Gathering and Information Sharing
Introduction
Maritime Domain Awareness
Intelligence Gathering as a Military Activity
Foreign navies in coastal state waters
In the territorial sea and in straits
Exclusive Economic Zone
Military surveys and hydrographic surveys
Conclusion
Monitoring the Movement of Ships and Seafarers
Australian Maritime Identification System
Mandatory ship reporting systems
Identity of seafarers
ISPS Code and WCO Framework of Standards
Conclusion
Information Sharing and Law Enforcement
Piracy and armed robbery
Terrorism and proliferation of WMD
People smuggling
Drug trafficking
Illegal fishing
Conclusion
Conclusion
Armed Conflict and Naval Warfare: Shifting Legal Regimes
Introduction
Law of the Sea During Times of Armed Conflict
Armed Conflict
Threats or uses of force and armed attacks
Inter-state conflicts
Conflicts with non-state actors
Conclusion
Requirements for the lawful exercise of the right of self-defence
Enforcement actions at sea under Chapter VII of the UN Charter
Enforcement of economic sanctions
Piracy in Somalia
Proliferation of WMD
Counter-terrorism resolutions
Conclusion
Law of Naval Warfare
General principles
Treatment of merchant vessels
Blockades
Security/exclusion zones
Conclusion
Emerging Trends and Conclusion
International Law of Maritime Security. A Synopsis and Proposal for Change
Introduction
Laws Relating to Maritime Security Threats
Piracy and armed robbery
Terrorism
Trafficking in WMD
Drug trafficking
People smuggling and trafficking
IUU fishing
Intentional and unlawful damage to the environment
Expanding categories of maritime security threats
Military Interests and Maritime Security
The Present and the Future of Maritime Security and the Law of the Sea
Bibliography
Index