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Reluctant Retrenchment—America’s Response to the Rise of China
Get PDFChina’s rise augurs a power transition that challenges the preeminent security position of the United States in East Asia and has led to an incoherent retrenchment that both undermines that position and complicates efforts to recapitalize the Navy to face that challenge effectively
Chapter 2: International Status and Navigation of Military Vessels and Military Aircraft
Get PDFThe Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, international law has evolved, and the underlying sources and context have grown considerably. Judge advocates have long used the Annotated Supplement as a resource alongside the Commander’s Handbook and as a point of departure for further inquiry. This 2024 updated Annotated Supplement excerpts numerous U.S. government sources to provide clarity and fidelity to the text of the Handbook, including U.S. legislation and executive branch policy proclamations and the Department of Defense Law of War Manual
Chapter 5: Principles and Sources of the Law of Armed Conflict
Get PDFThe Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, international law has evolved, and the underlying sources and context have grown considerably. Judge advocates have long used the Annotated Supplement as a resource alongside the Commander’s Handbook and as a point of departure for further inquiry. This 2024 updated Annotated Supplement excerpts numerous U.S. government sources to provide clarity and fidelity to the text of the Handbook, including U.S. legislation and executive branch policy proclamations and the Department of Defense Law of War Manual
Small Mobile Pieces of National Sovereignty?—Uncrewed Vessels, Naval Diplomacy, and the Challenge of Signaling
Get PDFNaval employment of uncrewed platforms is expanding, but their status and perception among both operators and adversaries are still evolving, with key differences from crewed platforms that affect diplomacy, political signaling, and conflict escalation
Annotated Supplement to the Commander\u27s Handbook on the Law of Naval Operations
Get PDFThe Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, international law has evolved, and the underlying sources and context have grown considerably. Judge advocates have long used the Annotated Supplement as a resource alongside the Commander’s Handbook and as a point of departure for further inquiry. This 2024 updated Annotated Supplement excerpts numerous U.S. government sources to provide clarity and fidelity to the text of the Handbook, including U.S. legislation and executive branch policy proclamations and the Department of Defense Law of War Manual
Maritime Incidents in the South China Sea: Measures of Law Enforcement or Use of Force?
Get PDFChina has sought to extend its control over the South China Sea at the expense of neighboring countries. In pursuing its goals, Beijing adopts a “power and law” approach, claiming extensive territorial and maritime rights in contravention of the UN Convention on the Law of the Sea and asserting these rights through coercive action in disputed waters. A key element of China’s strategy involves the use of coast guard and maritime militia vessels in an effort to portray its operations as measures of law enforcement, rather than displays of coercive power.
This article argues that the Chinese narrative of law enforcement cannot be sustained when it comes to recent incidents at the Second Thomas Shoal. These incidents do not qualify as measures of law enforcement, but in some cases amount to uses of force in breach of Article 2(4) of the UN Charter. For the Philippines and third States, invoking Article 2(4) would bring potential benefits and risks. This article examines the most significant ones and concludes that while invoking Article 2(4) is not going to make China give up its exorbitant maritime and territorial claims in the South China Sea, it may impose reputational costs and preserve the status quo in disputed waters by deterring Beijing and compelling it to accept setbacks