Until the mid-1950s nearly all the waters lying between the far-flung islands of the Indonesian archipelago were as open to the ships of all nations as the waters of the great oceans. In order to enhance its failing sovereign grasp over the nation, as well as to deter perceived external threats to Indonesia’s national integrity, in 1957 the Indonesian government declared that it had “absolute sovereignty” over all the waters lying within straight baselines drawn between the outermost islands of Indonesia. At a single step, Indonesia had asserted its dominion over a vast swathe of what had hitherto been seas open to all, and made its lands and the seas it now claimed a single unified entity for the first time. International outrage and alarm ensued, expressed especially by the great maritime nations. Nevertheless, despite its low international profile, its relative poverty, and its often frail state capacity, Indonesia eventually succeeded in gaining international recognition for its claim when, in 1982, the United Nations Convention on the Law of the Sea formally recognized the existence of a new category of states known as “archipelagic states” and declared that these states had sovereignty over their “archipelagic waters”. Sovereignty and the Sea explains how Indonesia succeeded in its extraordinary claim. At the heart of Indonesia’s archipelagic campaign was a small group of Indonesian diplomats. Largely because of their dogged persistence, negotiating skills, and willingness to make difficult compromises Indonesia became the greatest archipelagic state in the world.

"A compelling account based on exhaustive primary research that re-creates the mindset of politicians, the press, and other policymakers as they make the momentous decision to go to war in 1917. Many know the maritime military dimensions of warfare--here is a story that shows the maritime dimensions of diplomacy and how the rights of American merchant marines mattered in the minds of those in charge."--Timothy G. Lynch, California Maritime Academy "Scholarly yet accessible, a nice piece of research, especially in primary documents. This is a highly original book on a relatively neglected historical period."--Joshua M. Smith, U.S. Merchant Marine Academy While numerous studies have examined Woodrow Wilson's policy of neutrality prior to U.S. entry into World War I, none has focused on the actual merchant ship losses that created the final casus belli. This work focuses on what the president knew and when he knew it concerning the loss of ten ships between February 3 and April 4, 1917. By looking at the specifics, Rodney Carlisle offers new explanations for the reasons that led the president, the cabinet, the public, and Congress to decide for war. Sovereignty at Sea not only adds much to our understanding of maritime and diplomatic history during the First World War period but also speaks to contemporary concerns with issues surrounding the U.S. justification for wars. Rodney Carlisle is professor emeritus of history at Rutgers University.

Rough Waters traces the evolution of the role of the U.S. merchant ship flag, and the U.S. merchant fleet itself. Rodney Carlisle looks at conduct and commerce at sea from the earliest days of the country, when battles at sea were fought over honor and the flag, to the current American-owned merchant fleet sailing under flags of convenience via foreign registries. Carlisle examines the world-wide use, legality, and continued acceptance of this practice, as well as measures to off-set its ill effects. Looking at the interwar period of 1919–1939, Carlisle examines how the practice of foreign registry of American-owned vessels began on a large scale, led by Standard Oil with tankers under the flag of the Free City of Danzig and followed by Panama. The work spells out how the United States helped further the practice of registry in Panama and Liberia after World War II. Rough Waters concludes with a look at how the practice of foreign registry shapes present-day commerce and labor relations.

There has been a recent increase in clashes between warships asserting rights to navigate and states asserting sovereignty over coastal waters. This book argues for a set of rules which respect the rights of coastal states to protect their sovereignty and of warships to navigate lawfully, whilst also outlining the limits of each. The book addresses the issue of the clash between warships and states by considering the general principles applying to use of force in the law of the sea and the law of national self-defence. It focuses on the right of coastal states to use force to prevent passage of warships which threaten their sovereignty, with particular reference to the specific maritime zones, as well as by warships to ensure passage or to defend themselves. The book also assesses the extent to which the law of armed conflict may be applicable to these issues. The conclusion draws together a set of rules which take account of both contemporary and historical events and seeks to balance the competing interests at stake. Providing a concise overview of the enduring issue of freedom of navigation, this book will appeal to anyone studying international law, the law of the sea, security studies and international relations. It will also be of interest to naval, coast guard and military officers as well as government legal advisors.

In Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, edited by Stephen Minas and H. Jordan Diamond, leading practitioners and scholars of the law of the sea examine key developments that are placing pressure on the current legal framework. Following an expert preface setting the historical context for the discussion, Part I explores the changing norms of marine dispute resolution – long the foundation of the UNCLOS framework – in an era when the lines between private and public governance are continually shifting and following the landmark South China Sea arbitration. Part II explores emerging issues whose inherent levels of uncertainty challenge the structure of the framework, including climate change, disasters, and expanding energy exploration.

Who actually controls the Northwest Passage? Who owns the trillions of dollars of oil and gas beneath the Arctic Ocean? Which territorial claims will prevail, and why — those of the United States, Russia, Canada, or the Nordic nations? And, in an age of rapid climate change, how do we protect the fragile Arctic environment while seizing the economic opportunities presented by the rapidly melting sea-ice? Michael Byers, a leading Arctic expert and international lawyer clearly and concisely explains the sometimes contradictory rules governing the division and protection of the Arctic and the disputes over the region that still need to be resolved. What emerges is a vision for the Arctic in which cooperation, not conflict, prevails and where the sovereignty of individual nations is exercised for the benefit of all. This insightful little book is an informed primer for today's most pressing territorial issue.

A Search for Sovereignty approaches world history by examining the relation of law and geography in European empires between 1400 and 1900. Lauren Benton argues that Europeans imagined imperial space as networks of corridors and enclaves, and that they constructed sovereignty in ways that merged ideas about geography and law. Conflicts over treason, piracy, convict transportation, martial law, and crime created irregular spaces of law, while also attaching legal meanings to familiar geographic categories such as rivers, oceans, islands, and mountains. The resulting legal and spatial anomalies influenced debates about imperial constitutions and international law both in the colonies and at home. This study changes our understanding of empire and its legacies and opens new perspectives on the global history of law.

Atoll Island States exist on top of what is perceived to be one of the planet's most vulnerable ecosystems: atolls. It has been predicted that an increase in the pace of sea level rise brought about by increasing greenhouse gas concentrations in the atmosphere will cause them to disappear, forcing their inhabitants to migrate. The present book represents a multidisciplinary legal and engineering perspective on this problem, challenging some common misconceptions regarding atolls and their vulnerability to sea-level rise. Coral islands have survived past changes in sea levels, and it is the survival of coral reefs what will be crucial for their continued existence. These islands are important for their inhabitants as they represent not only their ancestral agricultural lands and heritage, but also a source of revenue through the exploitation of the maritime areas associated with them. However, even if faced with extreme climate change, it could theoretically be possible for the richer Atoll Island States to engineer ways to prevent their main islands from disappearing, though sadly not all will have the required financial resources to do so. As islands become progressively uninhabitable their residents will be forced to settle in foreign lands, and could become stateless if the Atoll Island State ceases to be recognized as a sovereign country. However, rather than tackling this problem by entering into lengthy negotiations over new treaties, more practical solutions, encompassing bilateral negotiations or the possibility of acquiring small new territories, should be explored. This would make it possible for Atoll Island States in the future to keep some sort of international sovereign personality, which could benefit the descendents of its present day inhabitants.

This textbook on the law of the sea sets the subject in the context of public international law. It comprehensively covers the principal topics of the course, from the legal regimes governing the different jurisdictional zones, to international co-operation for protection of the marine environment and marine living resources.