Winner of the Mahan Prize, 2010
Acknowledgements Figures 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. "Peaceful purposes" 4. Dueling "Due Regards" 5. "Other Internationally Lawful Uses of the Sea ..." 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. "Antarctic EEZ"-Australia's Claim 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
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. 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.
"This book offers much as far as adding to current discussions
about international law at sea, and the extent to which states can
extend their own laws and interests beyond their own territories.
Kraska's book is a useful guide to specific international law that
is likely to see a place in university reading lists and libraries.
As for the less academically inclined reader, its content is
generally accessible, and therefore it may find a place on the
bookshelves of non-experts in the field of maritime security."
--Timothy A Martin, Australian Journal of Maritime and Ocean
Affairs (2012) Vol. 4(4)
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