The International Institutional Imperative for Countering the Spread of Weapons of Mass Destruction


Book Description

This article examines the Proliferation Security Initiative (PSI), a recent US nonproliferation initiative for the interdiction of cargo shipments involving weapons of mass destruction (WMD). The PSI is analysed in the context of current US foreign policy`s avoidance of traditional international institutional organisation in favour of reliance on the so-called coalitions of the willing, characterised by the Bush Administration as the new multilateralism. The author examines the interaction between the PSI and the United Nations (UN) Law of the Sea Convention and looks to situations of potential international nuclear conflict, for assessing the PSI and the potential role of law and international organisation. It is argued that the PSI approach unnecessarily undermines the legitimacy and effectiveness of interdiction and that the distinctiveness of the threat, involving both state and non-state actors, requires rather than negates the advantages of institutional organisation. It is institutional process, the article explains, that can provide the necessary capacity for intelligence sharing, mutual critique and maximisation of political consensus. This difference in approach would ground the international community`s response to the interdiction challenge on a more solid legal, practical and political foundation, leading to a more effective and comprehensive modality for countering the most serious threat of our time.




Law of the Sea, From Grotius to the International Tribunal for the Law of the Sea


Book Description

Law of the Sea, From Grotius to the International Tribunal for the Law of the Sea: Liber Amicorum Judge Hugo Caminos honors the accomplished career path of a distinguished scholar, professor, diplomat and judge in the global field of the Law of the Sea. Judge Hugo Caminos was not only defined by his professional accomplishments, including his appointment as Deputy Director of the Office of the Special Representative of the Secretary-General of the United Nations for the Third United Nations Conference on the Law of the Sea, and his work as a Judge on the International Tribunal for the Law of the Sea. He is also remembered, with gratitude and admiration, as a person of unfaltering moral character and intellectual integrity. The essays collected in this volume are dedicated to his multifacetic life. Consistent with the honoree’s background, the accomplished contributors to this book address relevant issues of the law of the sea, dealt with in twelve parts, covering from historical perspectives to the UNCLOS, the law of the sea in polar regions, the Area, the particular issues of islands and archipelagic States, the freedom of navigation and its attached responsibilities, piracy and the latest awards on maritime delimitation, as well as recent practice of the International Tribunal on the Law of the Sea (ITLOS), dispute settlement procedures and some unsettled maritime disputes, from the respective author''s point of view. All those interested in the Law of the Sea will find a seminal new work in Law of the Sea, From Grotius to the International Tribunal for the Law of the Sea: Liber Amicrocum Judge Hugo Caminos.




Combating Weapons of Mass Destruction


Book Description

The spread of weapons of mass destruction poses one of the greatest threats to international peace and security in modern times--the specter of nuclear, chemical, and biological weapons looms over relations among many countries. The September 11 tragedy and other terrorist attacks have been painful warnings about gaps in nonproliferation policies and regimes, specifically with regard to nonstate actors. In this volume, experts in nonproliferation studies examine challenges faced by the international community and propose directions for national and international policy making and lawmaking. The first group of essays outlines the primary threats posed by WMD proliferation and terrorism. Essays in the second section analyze existing treaties and other normative regimes, including the Nuclear Non-Proliferation Treaty and the Chemical Weapons and Biological Weapons Conventions, and recommend ways to address the challenges to their effectiveness. Essays in part three examine the shift some states have made away from nonproliferation treaties and regimes toward more forceful and proactive policies of counterproliferation, such as the Proliferation Security Initiative, which coordinates efforts to search and seize suspect shipments of WMD-related materials.




Maritime Security and the Law of the Sea


Book 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, and should 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, this book not only addresses traditional security concerns for naval power but also examines responses to contemporary maritime security threats, such as terrorism, weapons of mass destruction, piracy, drug-trafficking, environmental damage and illegal fishing. While the protection of sovereignty and national interests remain fundamental to maritime security and the law of the sea, there is increasing acceptance of a common interest that exists among states when seeking to respond to a variety of modern maritime security threats. It is argued that security interests should be given greater scope in our understanding of the law of the sea in light of the changing dynamics of exclusive and inclusive claims to ocean use. More flexibility may be required in the interpretation and application of the UN Convention on the Law of the Sea if appropriate responses to ensure maritime security are to be allowed.




UNCLOS and Ocean Dispute Settlement


Book Description

This book project evaluates the applicability and effectiveness of UNCLOS as a settlement mechanism for addressing ocean disputes. Focus is placed on the South China Sea (SCS) dispute, one of the most complex and challenging ocean-related conflicts in the world. The book considers the internal coherence of the Law of the Sea Convention regime and its dispute settlement procedures. It looks at the participation in the UNCLOS negotiation, maritime legislation, and dispute settlement practice of relevant States party to the dispute. The book goes on to explore the relationship between UNCLOS and other regimes and institutions in general in the SCS, particularly in regard to maritime security, marine environment protection, oil and gas joint development and political interaction.




Freedom of Seas, Passage Rights and the 1982 Law of the Sea Convention


Book Description

Freedom of the seas and passage rights is a highly topical subject for the international community that cuts across a broad spectrum of scholarly disciplines and maritime operations. The contents of the book include in-depth analysis of current international and regional approaches to freedom of navigation, transit passage through straits used for international navigation, archipelagic sea lanes passage, scientific research and hydrographic surveys in the Exclusive Economic Zone (EEZ), military surveys in the EEZ, as well as vessel source pollution and protection of the marine environment. Many of the chapters describe measures in place at multilateral and regional levels to improve information sharing and operational coordination. This collection will especially appeal to those concerned with freedom of the seas and passage rights. The CD accompanying the volume includes important documents such as the UN Convention on the Law of the Sea as well many PowerPoint presentations delivered at the conference. It also includes a draft index to the multi-volume series United Nations Convention on the Law of the Sea 1982: A Commentary. This book contains the edited papers and associated documents from the 32nd annual Virginia conference held in Singapore, January 9-10, 2008. Presentations were delivered by government officials, senior naval and coast guard commanders as well as by leading jurists and academics with impressive expertise in the law of the sea.




Research Handbook on International Law and Terrorism


Book Description

This newly revised and updated second edition provides a comprehensive overview of international counter-terrorism law and practice. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field, including new topics for this edition such as foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism.




Arms Control in the 21st Century


Book Description

This volume evaluates the impact of coercive arms control efforts to curb the spread of weapons of mass destruction in the twenty-first century. A new paradigm in arms control is gradually replacing the idea that mutually agreed restrictions on armaments can improve international security. Thus, Hedley Bull’s classic definition of arms control as the "cooperation between antagonistic pairs of states in military affairs" needs to be amended by a new notion of coercive arms control as the set of non-cooperative and non-reciprocal measures to restrict the weapons or military capabilities of certain states. This volume addresses the topic of how this ongoing paradigmatic shift will affect the effectiveness of arms control as a conflict management instrument.While some argue that new instruments can complement and strengthen traditional, multilateral and inclusive arms control regimes, others maintain that conflicts and contradictions between coercive and cooperative arms control regimes will severely limit their effectiveness. This volume provides a forum for academics and practitioners from around the globe to discuss these developments in depth and to assess the specific strengths and weaknesses of these new instruments of arms control. This book will be of much interest to students of arms control, global governance, foreign policy and IR/Security Studies in general.




Maritime Terrorism and the Role of Judicial Institutions in the International Legal Order


Book Description

In Maritime Terrorism and the Role of Judicial Institutions in the International Legal Order, Md Saiful Karim offers a critical analysis of the role of judicial institutions in combating maritime terrorism. This book comprehensively examines the existing international legal framework for combating maritime terrorism and argues for a an updated framework to tackle modern threats. In particular, Karim highlights the important task of national courts in the prosecution of suspected maritime terrorists as well as the settlement of disputes arising from maritime terrorism. It fills in important gaps in the existing literature and proposes a path for the influence of international juridical institutions.




Weapons of Mass Destruction and International Order


Book Description

First Published in 2005. How should the 'problem of order' associated with weapons of mass destrcution be understood and addressed today? Have the problem and its solution been misconceived and misrepresented, as manifested by the problematic aftermath of Iraq War? Has 9/11 rendered redundant past international ordering strategies, or these still discarded at our own peril? These are questions explored in this Adelphi Paper.