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Book Cover
Author Fink, M. D. (Martin David), author.

Title Maritime interception and the law of naval operations : a study of legal bases and legal regimes in maritime interception operations / Martin Fink.

Published The Hague, The Netherlands : Asser Press, [2018]


Location Call No. Status
Physical description 1 online resource
Series Springer Law and Criminology eBooks 2018 English+International
Contents Intro; Acknowledgements; Contents; Abbreviations; General Aspects of Maritime Interception Operations; 1 Introduction: Maritime Interception and the Law of Naval Operations; 1.1 Introduction; 1.2 Purpose of the Study; 1.2.1 Naval Operations and International Peace and Security; 1.2.2 Operations Outside the Territorial Sovereignty of a State; 1.2.3 Contemporary Naval Operations; 1.3 What Are Maritime Interception Operations?; 1.4 Maritime Interception Operations and the Right of Visit; 1.5 Structure; References; 2 Some Introductory Remarks on Naval Operations; Abstract; 2.1 Introduction
2.2 Evolution of the Role of Naval Forces2.3 Maritime Geography; 2.4 Some Operational Points on MIO; 2.4.1 Maritime Coalition Operations; 2.4.2 Boarding Operations; 2.4.3 Maritime Rules of Engagement; References; 3 A Short History of Maritime Interception Operations; Abstract; 3.1 Introduction; 3.2 Strand 1: Enforcing UN Sanctions at Sea; 3.2.1 Iraq (1990-2003); 3.2.2 The Former Yugoslavia (1992-1996); 3.2.3 Haiti (1993-1996); 3.2.4 Sierra Leone (1997-2010); 3.2.5 Lebanon (2006-Present); 3.2.6 Libya (2011-Present); 3.3 Strand 2: The September 11 Attacks; 3.3.1 Operation Enduring Freedom
3.3.2 Operation Active Endeavour3.3.3 Operation Iraqi Freedom; 3.3.4 Multiple MIO; 3.4 Strand 3: Enhancing Maritime Security; 3.4.1 Expanded MIO and Maritime Security Operations (MSO); 3.4.2 Proliferation Security Initiative (PSI); 3.4.3 Updating International Agreements: The SUA Protocol 2005; 3.5 Strand 4: Piracy; 3.5.1 Counter-Piracy Operations; 3.6 The Israeli Interception Operations; 3.7 Final Remarks; References; 4 The Right for Warships to Intervene on Foreign-Flagged Vessels on the High Seas; Abstract; 4.1 Introduction; 4.2 Fundamental Principles of the Law of the Sea
4.3 Limited Exceptions to Non-Interference4.4 Principles of the Law of the Sea Versus Maritime Security; References; Legal Basis for Maritime Interception Operations; 5 The UN Collective Security System and Maritime Interception Operations; Abstract; 5.1 Introduction; 5.2 The UN Collective Security System; 5.3 Maritime Embargo Operations; 5.3.1 Two Types of Maritime Embargo Operations; Implied Maritime Embargo Operations; Legal Basis for Implied Maritime Embargo Operations; 5.3.2 Explicit Maritime Embargo Operations; 5.4 Between Implied and Explicit; 5.4.1 Lebanon; 5.4.2 Iran
5.4.3 Libya5.5 Legal Basis for Explicit Maritime Embargo Operations: Article 41 or 42?; 5.5.1 The Evolving Scope of Article 42; 5.5.2 Large-Scale Military Operations; 5.5.3 Article 43 UN Charter; 5.5.4 Inadequate Measures Under Article 41; 5.6 Article 41 and the Use of Force; 5.7 Sub-Conclusion Maritime Embargo Operations; 5.8 UN-Mandated Interception Operations Under 'All Necessary Means'; 5.8.1 All Necessary Means; 5.9 Specific Measures; 5.9.1 "Article 42" Blockade; 5.9.2 Piracy; 5.9.3 Weapons of Mass Destruction and Terrorism; 5.9.4 Crude Oil Export: Libya 2014; 5.10 Conclusions
Bibliography References.
Summary This book considers the international law applicable to maritime interception operations (MIO) conducted on the high seas and within the context of international peace and security, MIO being a much-used naval operational activity employed within the entire spectrum of today's conflicts. The book deals with the legal aspects flowing from the boarding and searching of foreign-flagged vessels and the possible arrest of persons and confiscation of goods, and analyses the applicable law with regard to maritime interception operations through the legal bases and legal regimes. Considered are MIO undertaken based on, for instance, the UN Collective Security System (maritime embargo operations), self-defence and (ad-hoc) consent, and within the context of legal regimes various views are provided on the right of visit, the use of force and the use of detention. This volume, which has contemporary naval operations as its central focus and structures the analysis as a sub-discipline of the international law of military operations, will be of great interest both to academics, practitioners and policy advisors working or involved in the field of military and naval operations, and to those professionals wanting to learn more about the international law of military operations, naval operations, and the law of the sea and maritime security. Martin Fink is a naval and legal officer in the Royal Netherlands Navy.-- Provided by publisher.
Other author SpringerLink issuing body.
Subject Arrest of ships.
Maritime law.
Sea control.
Electronic books.
ISBN 9789462652491 (electronic bk.)
946265249X (electronic bk.)