The occupation of maritime territory under international humanitarian law / Marco Longobardo
Document type:
Article
Title:
The occupation of maritime territory under international humanitarian law
Author zone:
Marco Longobardo
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Languages:
English
Abstract:
This article explores whether it is possible to apply the law of occupation beyond land territory, to maritime areas characterized here as “maritime territory.” The article describes how the actual authority test embodied in Article 43 of the 1907 Hague Regulations applies to maritime territory and maintains that maritime territory may be occupied only in connection to an occupation of land territory. The article then addresses why applying the law of occupation to maritime territory may solve some of the current problems regarding the duties and rights of occupying powers in relation to the sea off the coasts of the areas they occupy. In particular, the application of the law of occupation can affect the exploitation of natural resources at sea and the regulation of the use of armed force. Finally, the article explores how the rules embodied in the law of occupation interact with the rules on naval warfare in the occupied maritime territory.
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