Naval Weapons Systems and the Contemporary Law of War

Overview

This book is the first comprehensive critical analysis of the regulation of naval weapons during armed conflict. Busuttil examines in depth this century's three principal weapons—naval mines, submarines, and anti-ship missiles—explicating the relevant sources of international law that deal with this difficult but fundamental area of state practice. The book examines the impact of agreements drawn up in peacetime on wartime conduct and focuses on the growth of law through customary practice. In addition to ...

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Overview

This book is the first comprehensive critical analysis of the regulation of naval weapons during armed conflict. Busuttil examines in depth this century's three principal weapons—naval mines, submarines, and anti-ship missiles—explicating the relevant sources of international law that deal with this difficult but fundamental area of state practice. The book examines the impact of agreements drawn up in peacetime on wartime conduct and focuses on the growth of law through customary practice. In addition to explaining the law as it exists today, the author provides suggestions for the practical development of the law.

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Product Details

Meet the Author

Dr James J Busuttil is Director of the British Institute of Human Rights as well as a Research Fellow in International Human Rights Law, Kings College, London.

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Table of Contents

Abbreviations
Writing conventions
1 Introduction 1
2 Naval Mines 12
Legality of naval mines per se 13
Regulation of mine use 18
Mines after the conclusion of hostilities 71
Assessment 78
Proposals for reform - de lege ferenda 79
App. 1 Draft Protocol on Prohibitions or Restrictions on the Use of Naval Mines 94
App. 2 Protocol on Anti-Ship Mines 98
3 Submarines 101
Legality of submarines per se 103
Regulation of submarine use 109
London Proces-Verbal 127
Practice after the London Proces-Verbal 130
Judicial decisions 160
Publicists 166
Assessment 184
4 Anti-Ship Missiles 187
Legality of anti-ship missiles per se 188
Regulation of anti-ship missile use 192
Legal problems concerning the use of anti-ship missiles 203
5 Conclusions 208
Indiscriminate use 208
Durability of peacetime agreements 209
Broadening scope of legitimate use 210
Customary basis of contemporary law 211
Difficulties with opinio juris 211
General principles of law 213
Selected Bibliography 217
Index 241
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