"The seventh edition of this Blue and Gold Series book brings clarity and context to international law for the seagoing professional. This book is the only work that addresses the international law of the sea from the perspective of the United States"--
Naval forces deployed across the world's seas to enforce counterproliferation sanctions imposed by the U.N. Security Council must surmount any number of operational and legal challenges. High seas boardings by any State other than the vessel's flag State remain controversial. The 1982 Law of the Sea Convention's high seas articles carefully balance the principles of freedom of navigation and exclusive flag-State jurisdiction with the shared interest in ensuring effective enforcement of laws against certain serious offenses. The peacetime right of visit is a limited but invaluable compromise between those competing interests. Some commentators have suggested expanding the right to address perceived gaps in the high seas enforcement regime. Should the Convention's right of visit be deemed inadequate to the needs of the twenty-first century, the Convention incorporates a formal amendment process. It also recognizes that States are free to enter into complementary international agreements, such as the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and its 2005 Protocol. Finally, the Charter of the United Nations is paramount law and Chapter VII measures taken by the Security Council may override limits imposed by the Law of the Sea Convention. This article suggests that, perhaps weary of seeing its Chapter VII counterproliferation resolutions flouted, the Security Council will be moved in the future to adopt a resolution that authorizes a limited right of visit on the high seas to enforce the council's counterproliferation measures. Should the Security Council be so moved, this article closes with suggested language for such a resolution.
When a longtime Department of State attorney and former member of the prestigious International Law Commis- sion takes the time to recount his con- siderable firsthand observations of the performance of the United Nations, Naval War College Review readers do well to take notice. At a time when a new U.S. geographic command is being stood up in Africa and military forces find their planning and operations cen- ters increasingly visited by coalition, interagency, international, and non- governmental organizational represen- tatives, it is indispensable to have a clear understanding of the evolving role of the UN Security Council and its technical commissions and tribunal in- vestigators. Matheson provides us with an insightful description, one that nicely serves that purpose.
For those who operate on, under and over the sea, international law can sometimes be as complex as it is important. Written by the same former seagoing officer and maritime law professional who authored the current edition of Farwell's Rules of the Nautical Road, this book was designed to bring clarity and context to international law for the seagoing professional. Following an introduction to public international law and a short history of the law of the sea, the book describes the rules that apply in ports and in the adjacent maritime zones, including the territorial sea, exclusive economic zone, archipelagic waters and the high seas. A highlight of the book are the chapters that focus on the subjects of greatest interest to the seagoing professional, including military and intelligence activities in the maritime domain, maritime law enforcement activities and the use of force at sea. The appendices include the text of the 1982 UN Convention on the Law of the Sea. Whether an academy cadet, a midshipman, a seasoned commanding officer, or a master mariner, readers of this thorough and timely book will be rewarded with a far greater understanding of the international laws that govern ships and mariners at sea. ; https://digitalcommons.law.uw.edu/faculty-books/1004/thumbnail.jpg