Law of the Sea

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An MQ-9 Reaper remotely piloted aircraft (RPA) is prepared for training mission.

The Russian Intercept of the U.S. Reaper and International Law

The Russian operation almost certainly violated the international law obligation of due regard and, perhaps, the prohibition on using force. Nevertheless, the Biden administration…
An aerial view shows ships at the anchorage area of the Bosphorus southern entrance in Istanbul, on October 12, 2022. A grain deal between Russia and Ukraine established safe corridors along which Ukrainian ships can come in and out of three designated Black Sea ports in and around Odessa and through the Turkish Straits.  (Photo by YASIN AKGUL/AFP via Getty Images)

Assessing Military Operations in the Black Sea a Year Into Russia’s Full-Scale Invasion of Ukraine

Naval mining threats and the grain shipping deal demand more clarity from Turkey on its interpretation of the Montreux Convention.
A brightly colored fish and diver amidst the spokes of a wheel at the bottom of the ocean; wheel covered with barnacle growth.

Weaponizing Underwater Archaeology in the Russia-Ukraine War – and Beyond

A growing trend of strategic underwater cultural heritage claims risks undermining international rules of maritime sovereignty.

The Russia-Ukraine Conflict, the Black Sea, and the Montreux Convention

What's the significance of Turkey calling the Russia-Ukraine conflict a "war"? The answer lies in a 1936 Convention governing the Turkish Straits.
Russia's Soyuz MS-13 spacecraft carrying the members of the International Space Station (ISS) expedition 60/61, NASA astronaut Andrew Morgan, Russian cosmonaut Alexander Skvortsov and Italian astronaut Luca Parmitano of ESA (European Space Agency), blasts off to the ISS from the launch pad at the Russian-leased Baikonur cosmodrome in Kazakhstan on July 20, 2019.

The Russian ASAT Test Caps a Bad Year for the Due Regard Principle in Space

It's time for States to take positions on their treaty obligation to act with "due regard" to the interests of others in outer space.
Filipino protestors demonstrate outside the Chinese Embassy on July 12, 2019 in Makati, Metro Manila, Philippines. They carry signs reading, “Justice for Filipino Fishermen!” “Demiliterize West Philippine Sea” “Uphold Philippine Victory in the Arbitral Tribunal! China Out of the West Philippine Sea!” and more.

China, Climate Change, Credibility: Why It’s (Finally) Time for the US to Join the Law of the Sea Convention

The US absence at the table is more perplexing than ever, considering how these issues will define maritime governance in the 21st century.
Asylum seekers in life rafts on the Aegean Sea

Torture by Rescue: Asylum-Seeker Pushbacks in the Aegean

Since at least March, Greece has been systematically returning asylum seekers who have arrived on its shores – who have the right to adjudication of their asylum claims – to…
Italian marines Massimiliano Latorre (C) and Salvatore Girone (L) arrive with Admiral Luigi Binelli Mantelli (R) at Ciampino airport near Rome, on December 22, 2012.

Part 2 – Tanker, Jailer, Soldier, Sailor: Functional Immunity and the Enrica Lexie Award

At the heart of the Enrica Lexie dispute-- a clash between an Italian tanker and an Indian fishing boat-- lies a question of jurisdictional immunity: was India barred from exercising…
Italian marines Massimiliano Latorre (C) and Salvatore Girone (L) arrive with Admiral Luigi Binelli Mantelli (R) at Ciampino airport near Rome, on December 22, 2012.

Part 1 – Tanker, Jailer, Soldier, Sailor: Functional Immunity and the Enrica Lexie Award

At the heart of the Enrica Lexie dispute-- a clash between an Italian tanker and an Indian fishing boat-- lies a question of jurisdictional immunity: was India barred from exercising…
US Marine Amphibious Assault Vehicles (AAV) prepare to hit the beach during the amphibious landing exercises as part of the annual joint US-Philippines military exercise on the shores of San Antonio town, facing the South China sea, Zambales province on April 11, 2019.

Secretary Pompeo’s Surprising Defense of International Law, Allies, and the Law of the Sea Convention

Sec. Pompeo's statement on China's excessive maritime claims is right in substance, but it showcases the schizophrenic U.S. approach to its allies, the law of the sea, and international…
A person on a ship faces a migrant boat-tent as the ship moves closer towards it. The sky is dark and the life boat tent is lit up to give an orange glow.

Tents at Sea: How Greek Officials Use Rescue Equipment for Illegal Deportations

Niamh Keady-Tabbal and Itamar Mann expose the latest Greek abuse of migrants: forcing them onto rafts and leaving them adrift in the Aegean.
Just Security

The Missing Piece in US-Iran Drone Dispute: Navigational Freedoms and the Strait of Hormuz

"Even if the drone flew only across 'international airspace,' significant legal questions arise as to whether its activities violated the rules for transit and what legal recourse…
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