Submarines in International Law is the first book to explore both the legal history and the contemporary regulation of submarine operations in varied areas of international law. The analysis demonstrates the instances where submarines influenced the development of the law of the sea and the law of armed conflict, as well as highlighting where international law needs to give greater account for submarines in existing bodies of law-including international marine environmental law, the law on the use of force, navigational safety rules, transnational criminal law and international cultural heritage law. Submarine operations range from military and defence uses, to supporting research and commercial seabed industries, to ocean tourism and smuggling of illicit goods. International law regulates all these activities to varying degrees. While submarines may strive to be evasive objects in the ocean, this book demonstrates why they cannot and should not elude the reach of international law.
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This book examines all the international laws that apply to submarines, encompassing historical developments and contemporary bodies of international law.
1. Introducing submarines in international law; Part I. A Legal History
of Submarines:
2. The rise of the submarine: belligerency, neutrality and
emerging laws of passage in World war I;
3. Regulating submarines in the
inter-war period from Versailles (1919) to The Hague (1930);
4. The impact of
the second Sino Japanese war and World War II;
5. The post-war settlement,
the early cold war, and the 1958 law of the sea conventions;
6. To UNCLOS and
beyond: strategic domination in submarine regulation; Part II. Contemporary
International Law of Submarines:
7. Regimes of passage in the territorial
sea, international straits and archipelagic waters;
8. Military activities,
intelligence gathering, and other submarine activities in the exclusive
economic zone;
9. Submarines, threats or uses of force and the right of
self-defence;
10. Submarine warfare under international law;
11. Navigational
safety and sunken submarines;
12. Submarines and protection of the marine
environment;
13. Submarines and criminal activity;
14. Underwater maritime
autonomous vehicles and the future of submarines.
Dr. Natalie Klein is a Professor at University of New South Wales, Sydney's Faculty of Law & Justice, Australia. Australia has nominated Professor Klein as a conciliator under Annex V and arbitrator under Annex VII of the UN Convention on the Law of the Sea. Her research focuses on the law of the sea. Dr. Kate Purcell is a Research Fellow at University of New South Wales, Sydney's Faculty of Law and Justice, Australia. Her previous publications include Geographical Change and the Law of the Sea (2019), a monograph considering the implications of sea level rise for maritime baselines and boundaries in international law. Jack McNally is a Research Fellow at University of New South Wales, Sydney's Faculty of Law and Justice, Australia and a practising international lawyer. His practice and research focuses on public international law, international arbitration, the law of the sea, and international environmental law.
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