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E-book Hybrid Threats and the Law of the Sea : Use of Force and Discriminatory Navigational Restrictions in Straits

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Penilaian

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The previous examples are chosen in this book to serve as the basis of some case studies that serve the purpose of exemplifying and helping to draw a line between situations of normal peacetime measures, hybrid conflict, hybrid naval warfare, and naval warfare (armed conflict). This enables to reflect on the implications of hybrid conflicts to international security law and mari-time security law. Thus, the present study purports to contribute to the debate over the nature of hybrid conflicts and explore The book explores both widely acknowledged and lesser- known maritime incidents that meet the characteris-tics of hybrid warfnare or hybrid conflict. In so doing, this research approaches hybrid naval conflicts from a specific angle, i.e., the interrelationship between discriminatory navigational restrictions, coercion, armed attack, law enforce-ment, and the legal regime of straits.In times of increased tension between States, coastal States tend to use their security considerations as an argument – legitimate or not – to adopt measures that restrict navigational rights under the law of the sea. Many States have adopted also permanent arrangements that restrict navigational rights and freedoms in their maritime zones due to inter alia security considerations, e.g., China’s asserted control over foreign military activities in its exclusive eco-nomic zone (hereafter eez),2 the Russian Federation’s permit- based regime of innocent passage through its territorial sea in the Gulf of Finland and the Kerch Strait,3 etc. Irrespective of whether these restrictive requirements are permanent or temporary, they tend to have the effect of contributing to the escalation of so-called grey zone conflicts, as examined below based on the examples of recent incidents in the Kerch Strait and the Strait of Hormuz.4This may occur by restricting navigation through important chokepoints of maritime commerce by, for example, subjecting transiting ships or aircraft to the requirements of prior notification or authorisation or even the use of force or coercion by the coastal State of the strait (hereafter strait State).Such practices contradict the aims to keep commercial trade routes open and ensure the rule of law also in the maritime domain. In 2018 and 2019, the volume of seaborne trade reached over 11 billion tons which accounts for approximately 90 percent of global trade.5 Hybrid conflicts and discriminatory navigational restrictions are a hindrance to navigation in important maritime routes. They conflict with the strategic interest of maintaining the stability of global commerce. For example, the strategic maritime security interests of the European Union (hereafter EU) and its Member States are, inter alia, “the preservation of freedom of navigation, the protection of the global EU supply chain and of maritime trade, the right of innocent and transit passage of ships and the security of their crew and passengers”.6 The United States shares these interests and, in pursuance of these aims, operates the freedom of navigation program for the protection of navigation rights globally.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

623.89 LOT h

Penerbit

London : BRILL., 2022

Deskripsi Fisik

321 hlm

Bahasa

English

ISBN/ISSN

9789004509368

Klasifikasi

623.89

Tipe Isi

text

Tipe Media

computer

Tipe Pembawa

online resource

Edisi

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Subjek

Navigation

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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