Operational Law in International Straits and Current Maritime Security Challenges/Оперативное право в международных проливах и современные проблемы безопасности на море

Издание на английском языке
This book is the first volume of the Operational Maritime Law series. The series provides a platform for practitioners and scholars with specific interest in current operational maritime law issues, to publish research advancing legal discourse, as well as analysing current issues. The theme of the first volume is Operational Law in International Straits and Current Maritime Security Challenges. This volume is broken down into three parts. Part I explores international straits in an operational law context, Part II discusses current subjects on maritime security and maritime safety and Part III offers some thoughts on the law of armed conflict at sea. This introduction highlights today’s maritime challenges in naval operations and provides an explanation of the relevance of each section of the publication. In regard to operational maritime law, three strands, in particular, stand out: maritime security, focus on persons and non-international armed conflict. Furthermore, in terms of positioning the law applicable for naval operations within the context of international law, it is argued that this area may be seen as a sub-regime of the international law of military operations.

Contents
Introduction: Challenges in Operational Maritime Law
Martin Fink, Rebecca Dickey, Jоrg Schildknecht, and Lisa Ferris
Part I International Straits
Minelaying and the Impediment of Passage Rights
Wolff Heintschel von Heinegg
“Left of Splash” Legal Issues Related to the Use of Force to Counter Mining in the Strait of Hormuz
Sean P. Henseler
International Straits: Peacetime Rights and Obligations
Uwe Althaus
Belligerent Rights and Obligations in International Straits
Jоrg Schildknecht
The Legal Status of Greater and Lesser Tunbs Islands Including a Brief History of the Legal Dispute
Dorota Marianna Banaszewska
Part II Maritime Safety and Maritime Security
International Law and Search and Rescue
Rick Button
A Review of Selected Measures for Reducing Potential Conflict Among Naval Vessels in the South China Sea
David Letts
What Went Wrong When Regulating Private Maritime Security Companies
Ian M. Ralby
‘. . .in These Exceptional and Specific Circumstances. . .’: The EU
Military Operation Against Human Smuggling and Trafficking in the Southern Central Mediterranean
Jouko Lehti
From Piracy to Palermo: The Changing Challenges of Maritime Crime
Oliver Clark
Part III Law of Armed Conflict
Prize Law and Contraband in Modern Naval Warfare
Marcel Schulz
The Right of Visit of Foreign-Flagged Vessels on the High Seas in Non-international Armed Conflict
Martin Fink
Occupation of Sea Territory: Requirements for Military Authority and a Comparison to Art. 43 of the Hague Convention IV
Tassilo Singer