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Your search for International Law found 100 results.

China versus Vietnam
/reports/2014/china-versus-vietnam
This legal analysis was commissioned as part of a project entitled, “U.S. policy options in the South China Sea.” The objective in asking experienced U.S international lawyers, such as Captain Raul “Pete” Pedrozo, USN, Judge Advocate Corps (ret.), the author of this analysis, is to provide U.S. policy makers access to work that tests the various legal arguments that the respective claimants make in support of their claims, and weigh them against the relatively limited body of international case law associated with maritime disputes of this sort. Importantly, this analysis of Vietnamese claims versus Chinese claims to the Paracel and Spratly archipelagoes was not undertaken as a prelude to a recommendation that the United States depart from its long held position of not taking a position on competing sovereignty claims in the South China Sea. That is not the intent, nor is it one of the recommendations of the project.
(ICJ) has stated that international law “is silent on the question whether low‐tide elevations can be considered to be ‘territory,’” and that there is no “customary rule which unequivocally permits ... in the South China Sea.” The objective in asking experienced U.S international lawyers, such as Captain Raul “Pete” Pedrozo, USN, Judge Advocate Corps (ret.), the author of this analysis, is to provide U.S. policy makers access to work that tests the various legal arguments that the respective claimants make in support of their claims, and weigh them against the relatively limited body of international
South China Sea US Policy Options
/reports/2014/south-china-sea-us-policy-options
The aim of this report is to propose additional policy options that the United States might pursue in the South China Sea. To this end it provides a detailed recounting of existing U.S. policy toward the South China Sea. It concludes by recommending additional policy approaches aimed toward generating a more peaceful, stable, non- confrontational, law abiding environment in the South China Sea. Along the way it will address the U.S. interests that are involved in the South China Sea. It will briefly explain what international laws apply to the South China Sea, and detail the “rules” that Washington’s policy insists all parties follow. It will then provide an overview of the legal merits of the respective claims to the islands and features in the South China Sea. The legal overview is presented not to argue for a change to existing U.S. policy of not taking a position on sovereignty claims, but to provide policy-makers with some understanding of the legal complexity of the claims issue.
” embodied in international law that Washington wants all parties to follow. What are the issues? Competing claims to sovereignty In the South China Sea there are approximately 180 features above ... ” international law has resulted in a number of incidents with its SCS neighbors. China’s behavior in attempting to resolve its claims China’s approach in the South China Sea is “peacefully ... generating a more peaceful, stable, non- confrontational, law abiding environment in the South China Sea. Along the way it will address the U.S. interests that are involved in the South China Sea
Philippine Claims in South China Sea
/reports/2014/philippine-claims-in-south-china-sea
This is the third of three legal analyses commissioned as part of a project entitled “U.S. Policy Options in the South China Sea.” Experienced U.S. international lawyers, such as Captain Mark Rosen, Judge Advocate General’s Corps, USN (ret.),1 the author of this analysis, were asked to test the various legal arguments that Vietnam, China, Malaysia, Brunei, and the Philippines make in support of their claims, weigh them against the body of international case law associated with maritime disputes of this sort, and, if possible, reach a judgment on which country’s claim is superior. Importantly, this analysis of Philippine claims to Scarborough Shoal and features in the Spratly archipelago was not undertaken as a prelude to a recommendation that the United States depart from its long-held position of not taking a position on competing sovereignty claims in the South China Sea. That is not the intent of the project; nor is it one of the recommendations.
Options in the South China Sea.” Experienced U.S. international lawyers, such as Captain Mark Rosen, Judge Advocate General’s Corps, USN (ret.),1 the author of this analysis, were asked to test the various legal arguments that Vietnam, China, Malaysia, Brunei, and the Philippines make in support of their claims, weigh them against the body of international case law associated with maritime disputes ... , the legal bases for these sovereignty claims will be examined. That analysis will be tempered, of course, by international law as it relates to the ability of states to appropriate wholly submerged
Malaysia and Brunei Claims in SCS
/reports/2014/malaysia-and-brunei-claims-in-scs
This is the second of three legal analyses commissioned as part of a project entitled, “U.S. Policy Options in the South China Sea.” The objective in asking experienced U.S international lawyers, such as Captain J. Ashley Roach, Judge Advocate General’s Corps, USN (ret.), the author of this analysis, is to provide U.S. policy makers access to work that tests the legal arguments that Vietnam, China, Malaysia and Brunei and the Philippines make in support of their claims, weigh them against the body of international case law associated with maritime disputes of this sort, and if possible, reach a judgment on which country’s claim is superior.
the body of international case law associated with maritime disputes of this sort, and if possible, reach a judgment on which country’s claim is superior. Importantly, this analysis of Malaysian ... Journal of International Law Agora on the South China Sea. (NB: he does not address Vietnam’s claim to the Spratlys.) Brunei, on the other hand, maintains its claim to Louisa Reef. Accordingly ... Policy Options in the South China Sea.” The objective in asking experienced U.S international lawyers, such as Captain J. Ashley Roach, Judge Advocate General’s Corps, USN (ret.), the author
Maintaining the US led International Order
/reports/2020/06/maintaining-the-us-led-international-order
Maritime security operations sustain and enforce the rule of law and good order at sea. Yet in an era of great power competition (GPC), do those activities support national strategy? This paper offers a structure for answering that question, placing maritime security in the context of GPC by describing competition as a function of control for the international system. The framework introduced in this paper demonstrates that maritime security is an important component of maintaining a system that benefits US security and prosperity. The framework also shows that there are two roles for maritime security in GPC—avoiding corrosion of the US-led system by great powers and avoiding corrosion caused by lesser powers. These two approaches have different implications for Navy deployment, procurement, and employment policy. Consequently, although our analysis suggests that maritime security is integral to GPC, its roles can vary, pulling resources in divergent directions according to policy priorities.
Maintaining the US led International Order Maritime Security and Great Power Competition: Maintaining the US-led International Order Maritime security operations sustain and enforce the rule of law ... security in the context of GPC by describing competition as a function of control for the international system. The framework introduced in this paper demonstrates that maritime security is an important ... in, or effect on, the international order. Defined this way, great power competition (GPC) is more than just a matter of conflict—it is a battle over the order itself. Yet analysts have struggled
Plans and Strategy
/expertise/plans-and-strategy
As global power has shifted, as new warfighting domains have opened up, CNA has flexed and expanded its analytical expertise to meet the needs of the Navy, Marine Corps and Department of Defense. But throughout these evolutions, we have maintained a constant focus on the nation’s most capable adversaries. Our approach to great power competition is holistic, ranging from strategic analysis to tactical evaluation. Today, our scientists analyze operations and tactics across an ever-expanding range of warfare domains. Beyond the surface, air and undersea commands we have closely supported for decades, CNA is staying ahead of the latest threats with our Center for Autonomy and Artificial Intelligence and our Cyber Research Program. Great powers are constantly adapting. So is CNA.
historians, former admirals, nuclear diplomacy specialists, and experts in international relations and the law of the sea. Our analyses have informed some of the most renowned naval planning documents ... half large Maritime Security and Great Power Competition: Maintaining the US-Led International Order /reports/2009/maritime-security-strengthening-international-cooperation Maritime Security and Great Power Competition: Maintaining the US-Led International Order Maritime security operations support national strategy by sustaining and enforcing the rule of law and good order at sea. This avoids
pla update: Issue 3, April 4, 2022
/our-media/newsletters/pla-update/issue-3
A monthly newsletter focused on the internal and external affairs of the PLA
under a series titled “The Despicable Role of the United States on the International Stage as Seen from the Ukraine Crisis.” [1] The articles are all authored by “Jun Sheng,” a pseudonym for “Voice ... recently found “much evidence” of a US-funded military biological program in Ukraine and that the United States' attempts to cover up the program have concerned the international community. [7] The seventh article , released on March 31, uses US sanctions against Russian officials for “human rights violations” in Ukraine as an occasion to denounce the US as “the trampler of the international human
ai and autonomy in russia: Special Issue, September 8, 2022
/our-media/newsletters/ai-and-autonomy-in-russia/special-issue
September 8, 2022 issue features translations of several Russian military journal articles that reflect on the use of AI and autonomy. All have been written since the Russian invasion of Ukraine.
personal data), destroy objects, cause harm to human life and health, etc. Therefore, in the military, systems endowed with AI are potentially much more dangerous. International humanitarian law has ... a person. The situation is further complicated by the fact that they can bring harm without the direct command of a person. It should be noted that neither in international law nor in Russian ... the rights, duties and responsibilities of military officials who use AI systems in order to prevent them from committing crimes prohibited by international humanitarian law. Otherwise
ai and autonomy in russia: Issue 40, June 15, 2022
/our-media/newsletters/ai-and-autonomy-in-russia/issue-40
commented that this capability, lacking in Russian industry, is a vital priority to create a state system and protective environment for further development. New law to enhance data privacy On May 26 ... and individuals. They agreed on a bill that will increase the responsibility of companies for the leakage of customer’s personal data. The law introduces a blanket turnover penalty of 1 percent, and a 3 ... personal data privacy throughout Russia. Online platforms reject anti-recommender-algorithm law In the end of May, VK and Yandex publicly opposed the norm of a draft law, developed by the State
china ai and autonomy report: Issue 5, December 16, 2021
/our-media/newsletters/china-ai-and-autonomy-report/issue-5
A biweekly newsletter on AI and autonomy developments in China
control,” and that countries need to follow the principle of “AI for good” and “ensure that new weapons and their methods or means of warfare comply with international humanitarian law and other applicable laws.” On international cooperation, the paper called for the international community “to oppose drawing ideological lines or overstretching the notion of national security, remove man-made ... application of artificial intelligence, it is recommended that, from the perspectives of international law, ethics, technology, and governance, to comply with international law and basic norms