Chapter

Occupation of sea territory : requirement for military authority and a comparison to art. 43 of the Hague Convention IV

Tassilo Singer

Operational law in international straits and current maritime security challenges

Cham : Springer, 2018

p. 255-289

English

Bibliographie : p. 286-289

The law of occupation is codified solely with a view to land territory in Hague Convention IV and Geneva Convention IV. It can be argued, however, that the law of occupation can also be applied to the sea. This requires a simultaneous occupation to the sea, as well as requirement for military authority in the maritime domain. The article also points out several peculiarities of the adaptation for the sea territory concerning the rights and duties of the occupying power, such as the duty to guarantee freedom of communications. The legal challenges, which remain due to indefinite terms or wide margins of appreciation, do, however, prove the need for a careful adaption.

• Operational law in international straits and current maritime security challenges / Jörg Schildknecht... [et al.], eds