Publication:RAN Reading List March 2006/Maritime and Naval Law
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Law, Force and Diplomacy at Sea
by Ken Booth published by Allen and Unwin, London, 1985
Law, Force and Diplomacy at Sea offers a detailed strategic analysis of the background and outcome of the Third UN Conference on the Law of the Sea (LOSC), and seeks to establish an agenda for ongoing discussion and consideration of the military implications of the changing law of the sea. The interplay between the interest of the naval powers in freedom of navigation and the interest of most coastal states in control provides the setting for the strategic problems discussed in the book. The sea is taking on more properties of the land as a consequence of the LOSC: it is becoming territorialised, and this has thrown up challenges and opportunities to which navies and their national governments have to respond. This book presents a fresh alternative to much of the conventional wisdom on the subject and is both a thought provoking and an informative contribution to the naval dimensions of the law of the sea.
The Law of the Sea
by R. R. Churchill and A. V. Lowe published by Manchester University Press, Manchester, 3rd edn., 1999
The Law of the Sea has established itself as the standard work on the subject: authoritative, balanced and readable. Written to be intelligible to all concerned with maritime affairs, the book has proven particularly valuable to international lawyers and those taking specialist courses in the law of the sea and maritime studies. The Law of the Sea aims to provide an introduction to the law of the sea, surveying not only the 1982 United Nations Convention on the Law of the Sea, but also the customary and conventional law, which supplements it. This book is concerned with the public international law of the sea - that is to say, with the rules and principles that bind States in their international relations concerning maritime matters. Accordingly, it does not discuss, except incidentally, the rules of private maritime law, which concern such matters as marine insurance, carriage of goods by sea and maritime liens; nor does it provide a survey of the municipal law of the United Kingdom, or of any other country, relating to the law of the sea. Furthermore, it is concerned with the laws of peace, and not with the matters that have traditionally been considered under the heading of the laws of war, and consequently topics such as maritime neutrality and prize law fall beyond its scope. Nonetheless, this leaves a considerable body of law within the purview of the book.
International Law for Seagoing Officers
by Burdick H. Britten published by Naval Institute Press, Annapolis, 5th edn.,1986
In limited conflicts naval forces (indeed all military forces) tend to be more subject to a combination of political and legal restraint. In such cases these non-military factors may decide the limits of military capability rather than the absolute capabilities of the men and machines involved. Recently national jurisdictions at sea have been expanded by the entry into force of the LOSC. This combined with the likelihood of limited rather than unlimited conflicts for the foreseeable future, means that an appreciation of the implications of law on naval operations is important. This book is a good exposition of the way in which international law affects the application of sea power.
The Law of the Sea in the Asian Pacific Region
edited by James Crawford and Donald R. Rothwell published by Martinus Nijhoff, Dordrecht, 1995
This book is the proceedings of two conferences on the Law of the Sea held in Australia in 1991. It deals with many regional issues regarding the law of the sea, including environmental regulation, fisheries, maritime boundaries and navigational issues as well as different national perspective's on law of the sea issues.
Australia's Maritime Boundaries (Wollongong Papers on Maritime Policy No 12)
by Stuart Kaye published by University of Wollongong, 2nd edn., 2001
First published in 1994, this revised edition discusses the agreements and issues affecting Australia's maritime boundaries.
