Naval Law

An introduction to military naval law focusing on the development and history of law for land and sea forces and constitutional, criminal, administrative, and international law. Thirteen chapters discuss topics such as the forums and procedures used to dispose of military offenses such as court-martials and administrative forums; cases that question and apply the basic elements and tenets of what are termed uniquely military crimes; the evolving law of government ethics and the constraints that it imposes on military personnel; the tensions between the constitutional rights of members of the armed forces and the military including the nature of search and seizure and the Fourth Amendment and the use of the Fifth Amendment against self-incrimination; the law of apprehension and restraint; and broad issues of international law such as war crimes and limits on the use of force.

In a period of growing tensions within the maritime domain, this timely new book brings together a combination of academic and practical expertise to present an account of the critical areas of the law of naval warfare. It provides a comprehensive, academically rigorous and practically relevant treatment of the law applicable to naval conflicts that will be of value to governments and their advisers, defence forces, academics, students and historians. The extensive expert analysis of the key issues includes topics such as: ¿ Interaction with peacetime law of the sea ¿ Maritime zones ¿ Targeting, distinction and deception ¿ Submarine warfare ¿ Legal status of merchant vessels and direct participation in hostilities by civilians ¿ Blockade ¿ Prize law ¿ Non-International Armed Conflict at Sea ¿ New technologies and non-traditional vessels ¿ Hospital ships ¿ Intelligence collection ¿ Interaction with Australian domestic legal obligations ¿ Environmental issues

This book considers the international law applicable to maritime interception operations (MIO) conducted on the high seas and within the context of international peace and security, MIO being a much-used naval operational activity employed within the entire spectrum of today's conflicts. The book deals with the legal aspects flowing from the boarding and searching of foreign-flagged vessels and the possible arrest of persons and confiscation of goods, and analyses the applicable law with regard to maritime interception operations through the legal bases and legal regimes. Considered are MIO undertaken based on, for instance, the UN Collective Security System (maritime embargo operations), self-defence and (ad-hoc) consent, and within the context of legal regimes various views are provided on the right of visit, the use of force and the use of detention. This volume, which has contemporary naval operations as its central focus and structures the analysis as a sub-discipline of the international law of military operations, will be of great interest both to academics, practitioners and policy advisors working or involved in the field of military and naval operations, and to those professionals wanting to learn more about the international law of military operations, naval operations, and the law of the sea and maritime security. Martin Fink is a naval and legal officer in the Royal Netherlands Navy.

Jerry Bannister's The Rule of the Admirals examines governance in Newfoundland from the rule of the fishing admirals in 1699 to the establishment of representative government in 1832. It offers the first in-depth account of the rise and fall of the system of naval government that dominated the island for more than a century. In this provocative look at legal culture in eighteenth- and nineteenth-century Newfoundland, Bannister explores three topics in detail: naval government in St. John's, surrogate courts in the outports, and patterns in the administration of law. He challenges the conventional view that early Newfoundland was a lawless frontier isolated from the rest of the Atlantic world, and argues that an effective system of naval government emerged to meet the needs of those in power. An original and perceptive work, Bannister's argument demands that we reconsider much of our knowledge of early Newfoundland history. As he re-examines governance prior to an elected assembly and places his analysis firmly within the material conditions of Newfoundland society, Bannister provides a groundbreaking reinterpretation of a critical period in the island's colonial development. Ultimately, The Rule of the Admirals sheds light on one of the most misunderstood chapters in Canadian and British colonial history.