Jump to ContentJump to Main Navigation
Maritime Security and the Law of the Sea$
Users without a subscription are not able to see the full content.

Natalie Klein

Print publication date: 2011

Print ISBN-13: 9780199566532

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199566532.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 03 August 2020

Armed Conflict and Naval Warfare: Shifting Legal Regimes

Armed Conflict and Naval Warfare: Shifting Legal Regimes

(p.257) 6 Armed Conflict and Naval Warfare: Shifting Legal Regimes
Maritime Security and the Law of the Sea

Natalie Klein (Contributor Webpage)

Oxford University Press

This chapter first explores the ongoing paradigm that distinguishes peaceful uses of the oceans from the laws applicable during times of armed conflict. The second part of the chapter identifies when the law of naval warfare is most clearly engaged: the right of self-defence and UN enforcement actions. It is seen that individual state's interpretations of the right of self-defence, as well as the Security Council's role in responding to modern maritime security threats, have complicated decisions as to when the laws of naval warfare apply. Modern conditions also influence how the laws of naval warfare operate in relation to neutrals and belligerents, which are discussed in the third part of the chapter. The last part provides a broader consideration of the interrelationship of the laws of naval warfare with peacetime rules under the law of the sea.

Keywords:   armed conflict, self-defence, enforcement actions, Security Council, naval warfare, neutrals, belligerents

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .