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Japanese Legal Challenges in Rescuing Nationals Abroad
Get PDFThis article explains Japanese legal challenges in rescuing its nationals abroad and analyzes the mechanisms that limit Japanese Self-Defense Force responses to potential crises. The scope of analysis encompasses Japan’s national security laws, defense policies, and engagement in bilateral and multilateral cooperation. It provides noncombatant evacuation operation case studies to explore collaboration between the rescuing State, the host State, and third parties.
The article outlines Japanese laws and policies regarding the Self Defense Force’s mandate to rescue Japanese nationals abroad. It focuses on details of current legislation that provide authority and limitations for the operation. It will also track the historical developments regarding this policy in Japan. It focuses on key players in the East Asian region in this context—Japan and the United States—to discuss the legal and operational challenges and the way forward to build international cooperation mechanisms. The article also discusses hypothetical scenarios involving crises in the Korean Peninsula and the Taiwan Strait
China Maritime Report No. 31: China\u27s Submarine Industrial Base: State-Led Innovation with Chinese Characteristics
Get PDFIn recent years, China’s naval industries have made tremendous progress supporting the modernization of the People’s Liberation Army Navy (PLAN) submarine force, both through robust commitment to research and development (R&D) and the upgrading of production infrastructure at the country’s three submarine shipyards: Bohai Shipyard, Huludao; Wuchang Shipyard, Wuhan; and Jiangnan Shipyard, Shanghai. Nevertheless, China’s submarine industrial base continues to suffer from surprising weaknesses in propulsion (from marine diesels to fuel cells) and submarine quieting. Closer ties with Russia could provide opportunities for China to overcome these enduring technological limitations by exploiting political and economic levers to gain access to Russia’s remaining undersea technology secrets.https://digital-commons.usnwc.edu/cmsi-maritime-reports/1030/thumbnail.jp
Law Enforcement Measures Against Chinese Maritime Militia
Get PDFThis article undertakes a comprehensive legal assessment of Chinese maritime militia vessels and their operations, employing a law enforcement perspective as the analytical lens. During peacetime, those vessels engage in fishing and low-intensity military activities but during armed conflict they transition to tasks like reconnaissance. Notably, these maritime militias are frequently deployed in what is commonly termed as gray zone scenarios, which lack a clearly defined designation as either peacetime or armed conflict. Their principal objective lies in asserting territorial claims without resorting to full-scale armed conflict. This article delves into an exploration of the legal status accorded to these vessels, examining whether they are entitled to the sovereign immunity afforded to warships and ships operated by a State for non-commercial purposes under international law. Additionally, it scrutinizes the question of whether maritime militias and their activities are subject to functional immunity (ratione materiae) under international law. It embarks on an investigation into the permissible law enforcement measures that a coastal State can undertake against these vessels within its various maritime zones. Additionally, it explores potential avenues through which a third State might exercise jurisdiction in collaboration with the coastal State, should the need arise
Seventeenth-Century Dutch “Stranger Painter” Willem van de Velde the Elder and His Impact on British Maritime Art—Two Kings, the Netherland Marine Painters, and the Rise of the British Navy
Get PDFOn his return from exile, Charles II expanded his naval forces, which amplified British interest in marine-themed scenes. However, British artists lacked the skills to convey the nation’s seafaring excellence, so the king invited Willem van de Velde the Elder and his son to immigrate, and their talents set the standard for British marine art for the next two centuries
Nuclear Weapons in Russia’s War against Ukraine
Get PDFWestern concern about Russian nuclear weapons’ potential deployment continues to suffuse policy responses to the Ukraine war, inhibiting relief efforts. Russia’s rhetoric and past exercises contribute to the pervasive Western belief that Russia might use nuclear weapons, including in a conflict that begins as a purely conventional war, to force its enemies to accept its terms
Episode 16: World War I
No full textIn this episode Jon O’Gorman hosts Jesse Tumblin, David Stone, and James Holmes. They wrestle with the decision for war and what it means in this conflict. They also look at the naval theorists Corbett and Mahan whose theories are seen on full display in this case study. The concept of peripheral campaigns is discussed, specifically if Gallipoli could have achieved its intent. We tie this to the broader discussion of how navies can have effects on land and how Clausewitz says what peripheral campaigns need. Lastly, we look at war termination and how the treaty of Brest-Litovsk affects the thinking of Vladimir Putin to this day.https://digital-commons.usnwc.edu/profiles-in-strategy/1015/thumbnail.jp
Russia-Ukraine Conflict: The War at Sea
Get PDFAlthough much has been written about the Russia-Ukraine conflict, most writings have focused on land warfare. This article explores the conflict at sea and a host of legal issues arising from that aspect of the conflict. The article begins with a discussion of a series of events at sea that preceded the Russian invasion in 2022, including the Kerch Strait incidents and interference with freedom of navigation in the Black Sea. It then discusses multiple post-invasion legal issues involving the war at sea, including access to the Black Sea, maritime exclusion zones, naval mines, naval bombardment, unmanned maritime systems, targeting and seizure of merchant vessels, humanitarian corridors, qualified neutrality, and sanctions enforcement
“Nationals” at Forty: From an Undefined UNCLOS Term to Due Diligence Obligations on the State of Nationality to Combat IUU Fishing
Get PDFIllegal, unreported and unregulated (IUU) fishing represents a global common concern, incorporating large-scale and highly mobile environmental, economic, and sometimes criminal, concerns. IUU fishing can result in dysfunctional fisheries governance, including through the non-application of relevant conservation and management measures. Non-application results, in part, from both incomplete implementation and insufficient enforcement by flag, coastal, port, and market States, and the States of nationality. This article focuses on the State of nationality that may exercise territorial and extraterritorial prescriptive jurisdiction on the basis of the active personality principle of jurisdiction. Firstly, global instruments have long held the State of nationality as a complementary means of eliminating IUU fishing, but State practice has been previously limited. The obligations of the State of nationality have been increasingly emphasized in successive instruments as well as the treaty interpretations provided by international organizations and international courts and tribunals. Secondly, regional fisheries management organizations and arrangements have matched these global developments by equally expanding their active personality-based practice concerning IUU fishing. Thirdly, States have been implementing their obligations to exercise active personality-based jurisdiction by prescribing and enforcing domestic laws. By bringing the State of nationality to the forefront this article will demonstrate the increasing relevance of this jurisdictional actor to protect the global commons from common threats, despite its often-overlooked status in fisheries literature
Strategy, Uncertainty, and the China Challenge
Get PDFDespite China’s increasing aggressiveness, its intentions are indeterminate, even aligning with U.S. interests in some arenas. Furthermore, China simply may fail in achieving even its foremost national and foreign-policy goals. Given this uncertainty, the United States should not base its policy and strategy on any specific prediction about Chinese intentions or abilities