Maritime Power and the Law of the Sea: Expeditionary Operations in World Politics

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Oxford University Press, 2011 - Law - 464 pages
In Maritime Power and the Law of the Sea: Expeditionary Operations in World Politics, Commander James Kraska analyzes the evolving rules governing freedom of the seas and their impact on expeditionary operations in the littoral, near-shore coastal zone. Coastal state practice and international law are developing in ways that restrict naval access to the littorals and associated coastal communities and inshore regions that have become the fulcrum of world geopolitics. Consequently, the ability of naval forces to project expeditionary power throughout semi-enclosed seas, exclusive economic zones (EEZs) and along the important sea-shore interface is diminishing and, as a result, limiting strategic access and freedom of action where it is most needed. Commander Kraska describes how control of the global commons, coupled with new approaches to sea power and expeditionary force projection, has given the United States and its allies the ability to assert overwhelming sea power to nearly any area of the globe. But as the law of the sea gravitates away from a classic liberal order of the oceans, naval forces are finding it more challenging to accomplish the spectrum of maritime missions in the coastal littorals, including forward presence, power projection, deterrence, humanitarian assistance and sea control. The developing legal order of the oceans fuses diplomacy, strategy and international law to directly challenge unimpeded access to coastal areas, with profound implications for American grand strategy and world politics.
 

Contents

CHAPTER 1 DIMINISHING FREEDOM IN LITTORAL SEAS
1
CHAPTER 2 EXPEDITIONARY NAVAL FORCE IN HISTORY
29
CHAPTER 3 THE REGIMES OF THE LAW OF THE SEA
95
CHAPTER 4 LITTORAL SEASEPICENTER OF WORLD POLITICS
157
CHAPTER 5 NAVAL FORCE IN THE EXCLUSIVE ECONOMIC ZONE
221
CHAPTER 6 SOVEREIGNTY AND SECURITY CLAIMS OVER THE EXCLUSIVE ECONOMIC ZONE
291
CHAPTER 7 ENVIRONMENTAL CLAIMS OVER THE EXCLUSIVE ECONOMIC ZONE
331
CHAPTER 8 PROMOTING ACCESS TO THE EXCLUSIVE ECONOMIC ZONE
379
ANNEX I UNITED STATES FREEDOM OF NAVIGATION OPERATIONS 19942008
431
INDEX
443
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About the author (2011)

Commander James Kraska, Judge Advocate General's Corps, U.S. Navy, is the Howard S. Levie Chair of Operational Law in the International Law Department at the U.S. Naval War College. He also serves as a Senior Fellow with the Foreign Policy Research Institute and a Guest Investigator and former Fellow at the Marine Policy Center, Woods Hole Oceanographic Institution. As the former Oceans Policy Adviser for the Director, Strategic Plans &Policy, Joint Chiefs of Staff, Commander Kraska led global freedom of navigation policy for the U.S. armed forces for three years. Commander Kraska earned a doctor of jurisprudence (J.D.) from Indiana University Maurer School ofLaw and a master of laws (LL.M.) and a doctor of juridical science (J.S.D.) from the University of Virginia School of Law. Commander Kraska completed four Pentagon senior staff assignments and two tours in Japan, and he served as legal adviser for joint and naval task force commanders operating in the Pacific. Author of more than 60 articles and book chapters, Kraska's writings have appeared in Yale Journal of International Law, Stanford Journal of International Law,Survival, Comparative Strategy, Ocean Development & International Law, International Journal of Marine & Coastal Law and Current History, among others.

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