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

ISBN : 9780199773381

James Kraska
484 Pages
163 x 235 mm
Pub date
Feb 2011
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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.


Chapter 1. Diminishing Freedom in Littoral Seas
1. Approaches to Analyzing Excessive Maritime Claims
2. Political Economy of Excessive Maritime Claims
Chapter 2. Expeditionary Naval Force in History
1. Sea Power in the Ancient World
2. From Oar to Transcontinental Sail-Portugal, Spain & the Dutch Republic
3. Anglo-American Expeditionary Naval Power
Chapter 3. The Regimes of the Law of the Sea
1. Baselines
2. Internal Waters
3. Territorial Sea & Contiguous Zone
4. International Straits
5. Archipelagic Waters
6. The Exclusive Economic Zone
7. The Regimes and National Security
Chapter 4. Littoral Seas-Epicenter of World Politics
1. Great Power Trends and the Liberal Order of the Oceans
2. Expeditionary Sea Power
2. The Increasing Reach of the Coastal State
Chapter 5. Naval Force in the Exclusive Economic Zone
1. From High Seas to Sui Generis-the Odyssey of the EEZ
2. Warship Sovereign Immunity in the EEZ
3. 4. Dueling 5. 6. Military Surveys
7. Residual Rights
8. Emplacement of Foreign Military Devices in the EEZ
9. Declarations and Understandings
Chapter 6. Sovereignty and Security Claims over the Exclusive Economic Zone
1. 2. Southeast Asia-Burma and the Gulf of Martaban
3. North America-The Canadian Arctic
4. South America-Chile, Ecuador and Peru
5. The European Union-Fortress Europe
6. South America-Brazil
7. South Asia: Iran, Pakistan, India and Maldives
8. East Asia-Malaysia, Vietnam and the Special Case of China
Chapter 7. Environmental Claims over the Exclusive Economic Zone
1. Vessel-Source Pollution and Freedom of the Seas
2. Marine Sanctuaries and Freedom of the Seas
Chapter 8. Promoting Access to the Exclusive Economic Zone
1. Fear and Loathing in the Post-Naval Era?
2. Reinvigorating the Freedom of Navigation Program
3. Reforming the U.S. Interagency Oceans Policy Process
4. Transforming Oceans Diplomacy-Addressing the Collective Action Problem
Annex I: United States Freedom of Navigation Operations 1994-2008

About the author: 

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 of Law 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.

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