JMO Lecture | Cmdr. James Kraska: Law of the Sea and Maritime Security Law

U.S. Naval War College
U.S. Naval War College
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Published 2012-09-28
International law professor, Cmdr. James Kraska, addresses U.S. Naval War College students enrolled in the senior Joint Military Operations course on Sept. 7, 2012 in Pringle Hall auditorium. The topic of discussion was "Law of sea and maritime security law."

(Video courtesy of the International Law Department)

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Disclaimer: The views expressed are the speaker's own and may not necessarily reflect the views of the Naval War College, the Department of the Navy, the Department of Defense, or any other branch or agency of the U.S. Government.
All Comments (21)
  • @markatingi8645
    right of Visit and Search... NEUTRAL check and not aiding the enemy
  • @angela031
    The tribunal which ruled in July 2016 against China obviously overdid it in their zeal to please the US. They held that TAIPING ISLAND (controlled by Taiwan, don't know by what name it is called by the US) is also a reef, which clearly is not. This makes their decision a joke. Besides, if it is an arbitration, it needs the participation by all the parties involved. You cannot force it upon one or more parties. China is entitled to say it does not want to participate and therefore the decision does not bind it. It is for UNCLOS to have provisions on how to deal with unwilling parties. I have not heard of any commercial case where a party unwilling to submit to arbitration, is forced to submit. What happens then is that one or more parties can bring the case to the civil court. So it is for UNCLOS to make provisions which can be forced against unwilling parties. This obviously is difficult to achieve. Even if all the provisions are in place, it may remain quite useless. Eg. Some US officials, even the US president, have clearly committed WAR CRIMES. When someone speaks of bring them to the International Criminal Court, US threatened them with SANCTIONS. So what are the international conventions good for? Ultimately it is countries who are militarily and economically power who has the last word. US has for the past 100 years or so forcefully coerced others, quite often against their wills. It now fears that it may soon lose that power. I am writing and watching from a remote town on Borneo Island.
  • @drania76
    I have a question regarding Sealand platform. Does it have its own economic zone please? Yes, I know it’s a joke state but still, people live there and if it’s able to generate its own water source than it should also generate its own ‘coastal zone’ and therefore its own economic zone as well. And how do such fractal features as Dubai palm island affected the economic zone? Do they expand it?
  • @stevegyro1
    Before use guys try to ‘rule the world’, you must prove to the world that you can rule yourselves, from within. Oh, I forgot to add, Law of the Sea, not just ‘law of the land’ is based on Scripture, Trust, and Contract. It is all Commercial in nature.
  • @larrygoerke9081
    Very interesting Prof. Kraska. I wish NWC would offer this up for California MCLE credit!
  • @TheDavidlloydjones
    At 8:30: "The outpost of Goa in Italy"??? If he were thinking of Namibia, it would be in Africa and Portugese-speaking, so his brain would be thinking visually: Namibia is to Africa ans Goas is to India. That would only leave Italy beyond explanation...
  • @leek5682
    What I learned: rocks are less than islands
  • @ciandingle
    this is the shit i love, maritime law is kind of a joke who actually owns the sea??? no one that's who 
  • @angela031
    US did not sign the UN CONVENTION but want those who have signed to be bound by it simply is a case of US having the military and economic might to do so and others led to think that US will always play fair. After year 2020, everyone realised that US is the most unfair country in the world. It can withdraw from whatever treaty it has signed. So China can also withdraw from this Sea Convention if it decides to do so.
  • @Bontlabo
    His elaboration on the difference between common and civil law systems is incorrect. Furthermore, though it is obvious that not all civil law countries are completely similar, one is in principle allowed to everything that is not limited by codified law. I.e. the same principle as in common law. The main difference between common and civil law is who creates the law, the judicial or the legislative branch.
  • @markatingi8645
    how fat is fat? i just dont know... how much is too much? same idea
  • @user-om9yf4kp4l
    Law of the sea Law of the holy see It’s all a play on words It seems obvious to me that the US did not join because they are the military power of the Holy See The pope Rome