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A Flexible Approach to Reach an Equitable Solution: The Application of Principles to the Delimitation of the Continental Shelf
Get PDFThe delimitation of the continental shelf is an old exercise shaped by case law and State practice. Although every delimitation is unique, judicial practice has provided guidance about the principles to be applied in pursuit of an equitable solution. This article examines the guiding doctrines, the contemporary principles, and the emerging principles and rules in the delimitation of the continental shelf. It first analyzes the role of principles in continental shelf delimitation within two hundred nautical miles. Subsequently, it examines whether the same principles apply to the delimitation of the extended continental shelf, considering that the entitlement within two hundred nautical miles is based on distance, while the entitlement beyond two hundred nautical miles is based on geology and geomorphology. Considering that the four existing judicial decisions delimiting the extended continental shelf deal with adjacent States, the article raises the issue of whether current judicial practice on delimitation of the extended continental shelf between adjacent States serves as a model for opposite States. The discussion is underpinned by the search for predictability and flexibility
International Law and Acoustic Antagonism in East Asian Waters
Get PDFThis article analyzes a 2023 maritime incident in which the Chinese Navy Ship (CNS) Ningbo employed active sonar in the vicinity of His Majesty’s Australian Ship (HMAS) Toowoomba, while knowing that Toowoomba had divers in the water. The Chinese sonar caused injuries to the Australian divers. The article discusses the employment of acoustic devices to cause harm during peacetime and analyzes whether CNS Ningbo’s actions constituted a failure of due regard and other applicable legal regimes and norms. The article concludes that CNS Ningbo’s actions were an unlawful use of force and failed to demonstrate due regard, and that HMAS Toowoomba could have lawfully employed necessary and proportionate measures in self-defense
CMSI Translations #8: U.S.-Philippine Military Cooperation in the South China Sea: Challenges and Responses
Get PDFWith the new generation of Philippine government taking office, U.S.-Philippines relations have rapidly warmed, and the depth and breadth of their military cooperation have increased. This has brought new challenges and threats to China’s national security. How to deal with these challenges will be a difficult problem before us.https://digital-commons.usnwc.edu/cmsi-translations/1007/thumbnail.jp
Episode 8: U.S. Ambassador to Japan the Honorable Rahm Emanuel
No full textThe Honorable Rahm Emanuel, U.S. Ambassador to Japan, visits the U.S. Naval War College (NWC) on board Naval Station Newport, Rhode Island Feb. 22, 2024. During the visit Amb. Emanuel met with NWC President Rear Adm. Pete Garvin before addressing students, staff, and faculty on U.S., Japanese relations. Ambassador Emanuel became the 31st U.S. Ambassador to Japan in December 2021, prior to his current role he served as the 55th Mayor of the City of Chicago.
About the Speaker:
Rahm Emanuel was confirmed in a bipartisan vote as the 31st United States Ambassador to Japan on December 18, 2021. Previously, Ambassador Emanuel was the 55th Mayor of the City of Chicago, a position he held until May 2019. During that time, he made the critical choices necessary to secure Chicago’s future as a global capital.
As Mayor, the Ambassador added four years to a student’s education. He increased the school day by 75 minutes and added more than 200 hours to the school year, marking the largest single increase in educational time by any city and taking Chicago from having the least educational time of any large school district in the country to being on par with its peers. He implemented universal pre-kindergarten and full-day kindergarten for every Chicago child, and made Chicago the first city in America to provide free community college.
The Mayor’s comprehensive public safety strategy focused on expanded prevention programs for at-risk youth, smarter policing strategies, and empowering parents and communities to reduce violence. The Ambassador made it a priority to bring global companies to the city, helping Chicago to lead the U.S. in corporate relocations and foreign direct investment for seven consecutive years. His administration invested in infrastructure, public transportation, open space, and cultural attractions. From the $8.5 billion O’Hare International Airport modernization program that is cementing Chicago’s status as a global leader in travel, tourism, and trade to the development of the iconic 1.25-mile Chicago Riverwalk, the City’s investments are creating thousands of good-paying jobs and making Chicago a better place to live, work, and play.
Prior to becoming Mayor, from November 2008 until October 2010, Ambassador Emanuel served as President Barack Obama’s Chief of Staff. In addition to being the President’s top advisor, the Ambassador helped the Obama administration secure the passage of the American Recovery and Reinvestment Act of 2009 and the landmark Patient Protection and Affordable Care Act.
Ambassador Emanuel was elected four times as a Member of the U.S. House of Representatives from Illinois’s 5th Congressional District (2002-2008). As Chairman of the House Democratic Caucus, Emanuel helped pass legislation to raise the minimum wage and authored the Great Lakes Restoration Act.
From 1993 to 1998, Ambassador Emanuel was a key member of President Bill Clinton’s administration, rising to serve as Senior Advisor to the President for Policy and Politics. During this time, Emanuel served as a legislative liaison to Congress and spearheaded efforts to pass several of President Clinton’s signature achievements, most notably the Federal Assault Weapons Ban, the Brady Handgun Violence Prevention Act, and the historic Balanced Budget Act, which created the Children’s Health Insurance Program that expanded health care coverage to 10 million children. The Ambassador also worked closely with President Joseph R. Biden Jr., then a U.S. Senator, to shepherd the Violence Against Women Act of 1994 through Congress.
As a former Senior Counselor at Centerview Partners and former Managing Director at Wasserstein Perella & Co., Emanuel brings a depth of financial experience to the post.
Ambassador Emanuel graduated from Sarah Lawrence College in 1981 and received a Master’s Degree in Speech and Communication from Northwestern University in 1985. He is married to Amy Rule, and they have three children.
The views presented by the faculty or other guest speakers do not reflect official positions of the Naval War College, DON or DOD.
Watch The Debrief Episode 8 on YouTube
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Episode 9: Africa
No full textSynopsis:The African continent is often viewed through the prism of humanitarian crises, a region defined by famines and pandemics. This approach ignores Africa’s critical importance to the global economy, especially in the transition to “green” technologies; its role as an interconnector between the Euro-Atlantic and Indo-Pacific basins; its role as part of the rise of the Global South in the 21st century. Dr. Naunihal Singh lays out a new strategic approach for the United States to the continent grounded in Africa’s importance for achieving its national security objectives.
About the Speaker:Professor Naunihal Singh joined the Naval War College in 2016. He earned his Ph.D. at Harvard University and his B.S. at Yale University. He is a scholar of African Politics, Civil-Military Relations. Author of “Seizing Power: The Strategic Logic of Military Coups” (2014) a book on the dynamics and outcomes of military coups based on 300 hours of interviews and a statistical analysis of 471 coup attempts.
Watch The Debrief Episode 9 on YouTube
The views presented by the faculty or other guest speakers do not reflect official positions of the Naval War College, DON or DOD.
Paste this RSS feed\u27s URL from your address bar in to your podcast app or search for the podcast in Apple Podcasts, Spotify, Google Podcasts or the podcast app that you prefer.
The Debrief RSS Feedhttps://digital-commons.usnwc.edu/the-debrief/1008/thumbnail.jp
Chapter 11: Treatment of Detained Persons
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 8: The Law of Targeting
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
CMSI Translations #3: Discussion on the Requirements and Methods of Intelligent Decision-Making in Torpedo Attacks by Unmanned Underwater Vehicles
Get PDFAutonomous technology in unmanned equipment is currently the most dynamic frontier technology field, and improving the level of intelligent decision-making is an inevitable trend in the development of unmanned underwater vehicles (UUVs). Torpedo attack decision-making is an important part of attack-type UUVs\u27 attack missions, and it is also the basis and premise for forming self-organizing cross-domain collaboration, autonomous cluster confrontation, and other operational capabilities. Beginning by sorting through the characteristics of operational use and typical mission styles, this article summarizes the advantages and disadvantages of UUVs compared to manned platforms, analyzes the decision-making content different from traditional torpedo attacks, expounds on the key issues that need to be resolved in implementing decisionmaking functions, and, based on the development status of machine learning technology, proposes an intelligent decision-making method suitable for solving problems such as large uncertainty in observation data, difficulty in guaranteeing real-time attack decision-making, and weak model perception interaction capabilities. This research can serve as a reference for future research in unmanned equipment development and intelligent decision-making fields.https://digital-commons.usnwc.edu/cmsi-translations/1002/thumbnail.jp