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NEW INTERNATIONAL LAW (2) answer(s).
 
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ID:   104086


Coalition strategy and the pirates of the Gulf of Aden and the / Kraska, James   Journal Article
Kraska, James Journal Article
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Publication 2009.
Summary/Abstract The April 2009 seizure of the U.S.-flagged Motor Vessel Maersk Alabama and its twenty American crew members off the coast of Somalia should signal a change in counterpiracy strategy, away from a focus on major warship deployments by distant state major maritime powers, and toward development of a regional maritime security force constructed around numerous smaller patrol craft. Outside powers should focus on further advancing new international law and policy frameworks, which have become the most significant force multipliers for developing maritime security and offer the most effective approach to counterpiracy in the Horn of Africa. Complementing this effort will require a long-term program of regional maritime-security capacity building to support implementation of the new law and policy approaches. Piracy flourishes at the seams of globalization because jurisdiction is unclear and pirates exploit the inherent isolation of individual vessels and nations. Regional powers in the Horn of Africa have underdeveloped law enforcement and judicial systems and suffer from a severe lack of resources. In this setting, global and regional legal and policy frameworks in the areas of operational maritime security, judicial institutions, and law enforcement will be more effective in addressing piracy than adding another warship from an outside naval power to the equation.
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2
ID:   139151


Ukraine, Crimea and new international law: balancing international law with arguments drawn from history / Hilpold, Peter   Article
Hilpold, Peter Article
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Summary/Abstract The Ukrainian crisis poses a new challenge of an extraordinary dimension to traditional international law. Many well-established concepts of international law have been put to the test. For some, in the wake of the Kosovo advisory opinion a new international law is in the making and the Ukrainian crisis is only a further episode in a longer lasting process pointing in the same direction. For others, the Ukraine case is absolutely particular and in this context historical considerations should prevail over legal dogmatism. It is argued here that traditional international law is very well suited to deal with the Ukraine case. It is further submitted that international law as it stands is flexible enough to cater to the needs of all parties involved. While the concept of territorial sovereignty is not negotiable, there are plenty of instruments and procedures available that should not only guarantee full protection of the Russian speaking groups within the Ukrainian State but also the actual promotion of their rights.
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