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Maritime Security and the Law of the Sea$
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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

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Armed Conflict and Naval Warfare: Shifting Legal Regimes

Armed Conflict and Naval Warfare: Shifting Legal Regimes

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

Natalie Klein (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199566532.003.0006

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

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