Armed Conflict and International Law in the Indo-Pacific Region.

Format:

Book

Author/Creator:

Guilfoyle, Douglas.

Series:

The Lieber Studies Series

Language:

English

Subjects (All):

War (International law).

War--Indo-Pacific Region.

War.

Neutrality, Armed.

Alliances.

Information warfare--Law and legislation.

Information warfare.

Space warfare--Law and legislation.

Space warfare.

Taiwan--Politics and government.

Taiwan.

Physical Description:

1 online resource (425 pages)

Edition:

1st ed.

Place of Publication:

New York : Oxford University Press, Incorporated, 2026.

Summary:

Armed Conflict and International Law in the Indo-Pacific Region offers a timely, multi-domain analysis of how international law applies to potential conflict in a strategically vital region. Covering land, sea, air, space, cyber, and information warfare, it examines legal frameworks, regional cooperation, and emerging threats to civilian infrastructure.

Contents:

Cover

Half Title

Series

Title Page

Copyright Page

Table of Contents

Foreword

Table of Cases

International Courts

International Court of Justice

International Criminal Court

International Criminal Tribunal for the Former Yugoslavia

International Tribunal for the Law of the Sea (ITLOS)

Permanent Court of International Justice

Special Court for Sierra Leone

International Arbitrations

National Courts

United Kingdom

United States

Philippines

Table of Treaties and International Instruments

Geneva Conventions, 1977 Protocols and Commentaries

Hague Conventions

Weapons Conventions

Other Multilateral Treaties

North Atlantic Treaty

Neutrality

London Protocol

League of Nations

United Nations

Law of the Sea Conventions

Outer Space Conventions

Vienna Convention

Misc. Conventions

Telecommunication Conventions

Bilateral/Multilateral Treaties

UN DOCUMENTS

International Law Commission

UN General Assembly Resolutions

UN Security Council Resolution

NATIONAL INSTRUMENTS

Australia

China

Indonesia

Japan

New Zealand

Singapore

Taiwan

Thailand

EUROPEAN UNION

INTERNATIONAL MARITIME ORGANIZATION CODES

Contributors

Introduction

1. PURPOSE AND SCOPE OF THE VOLUME

2. DEFINING MULTIDOMAIN OPERATIONS

3. THE QUESTION OF LARGE-SCALE COMBAT OPERATIONS

4. STRATEGIC AND LEGAL AMBIGUITIES

5. LEGAL STATECRAFT AND INTERPRETIVE CHOICE

6. THE COGNITIVE DOMAIN AND THE "SOLFERINO MOMENT"

7. STRUCTURE OF THE BOOK

8. CONCLUDING OBSERVATIONS

PART ONE Overarching Challenges in Contemporary Conflict

1 Large-Scale Combat Operations in the Indo-Pacific-Practical Implications for International Law

1. INTRODUCTION

2. DETERRENCE BY DENIAL.

2.1 Collective Self-Defense Architecture

2.2 Whither Neutrality?

2.3 Hardening Potential Targets

3. ESCALATION CONCERNS AND THE THREAT TO RESPECT FOR LOAC

4. STATUS OF TAIWAN: DOES STRATEGIC AMBIGUITY EXACERBATE ESCALATION CONTROL AND COMPLICATE WAR TERMINATION?

5. CONCLUSION

2 Reducing the Human Cost of Large-Scale Military Operations

2 APPLICABLE LEGAL FRAMEWORK

2.1 What States Refer to When Using the Term "LSCO"

2.2 Classification of Conflict: Factors Affecting the Applicable Legal Framework

3. RISKS TO CIVILIANS AND OTHER PROTECTED PERSONS DURING LSCOs

3.1 Deep Operations: Multidomain Operations Including Targeting

3.1.1 Distinction: Ensuring Lawful Target Selection and Protecting Critical Infrastructure

3.1.2 Precautions: Verifying Targets, Anticipating and Avoiding Incidental Civilian Harm

3.1.3 Proportionality: "Military Advantage" Must Be "Concrete and Direct"

3.1.4 Preparedness for Lawful Multidomain Targeting Operations

3.1.5 There Is No Adequate Humanitarian Response Capacity for a Nuclear Strike

3.2 Close Operations

3.2.1 Minimize Adverse Impacts of Sea Control and Denial Operations

3.2.2 Protection of Civilians When Operating in Urban and Other Populated Areas

3.3 Consolidating Gains and Rear Operations: Anticipating and Responding to the Human Cost

3.3.1 Anticipating Population Movement and Detention Operations

4. LIMITATIONS OF HUMANITARIAN ACTION

4.1 Challenges for the ICRC and the Broader Red Cross and Red Crescent Movement

3 Applying the Law of Neutrality in an Indo-Pacific Armed Conflict

2. GENERAL RIGHTS AND DUTIES OF NEUTRALS

3. NONTRADITIONAL APPLICATION OF NEUTRALITY

3.1 UN Charter

3.2 Qualified/Benevolent Neutrality

3.3 Law of State Responsibility.

4. NEUTRAL TERRITORY, WATERS, AND AIRSPACE

4.1 Neutral Territory

4.2 Neutral Waters

4.2.1 Neutral Internal Waters, Ports, Roadsteads, Territorial Seas, and Archipelagic Waters

4.2.2 International Straits Overlapped By Neutral Territorial Seas

4.2.3 Neutral Archipelagic Sea Lanes

4.3 Neutral Airspace

5. BELLIGERENT ACTIVITIES BEYOND NEUTRAL WATERS

5.1 Exclusive Economic Zone

5.2 Neutral Commerce

5.2.1 Contraband

5.2.2 Free Goods

5.2.3 Enemy Destination

5.2.4 Visit and Search

5.2.5 Capture Or Destruction of Neutral Vessels and Aircraft

6. CONCLUSION

PART TWO Legal Challenges in Multidomain Operations

4 Interpretive Choice and Risk in Indo-Pacific Air Domain Challenges

2. LEGAL INTERPRETATION, RISK, AND STRATEGIC CHOICE

3. THE PROBLEM: MISSILES, AIRCRAFT, AND ARCHIPELAGIC SEA LANES OVERFLIGHT OF NEUTRAL STATES

4. THE INFLUENCE OF HISTORY IN THE INDONESIAN ARCHIPELAGO

5. OTHER LEGAL RESPONSES TO THE AIR DOMAIN CHALLENGE

5 Key Legal Issues in Multidomain Operations in the Indo-Pacific

2. SPACE OPERATIONS ARE MULTIDOMAIN

3. INTERNATIONAL LAW APPLICABLE TO SPACE OPERATIONS

4. "NEAR SPACE"

5. COMMERCIAL SATELLITES FOR MILITARY OPERATIONS

6. PRECAUTIONS IN ATTACK

7. CONCLUSION

6 Key Legal Issues in Multidomain Operations in the Indo-Pacific

2. THE NEED TO CLARIFY HOW INTERNATIONAL LAW APPLIES IN THE CYBER DOMAIN

3. KEY AREAS FOR INTERNATIONAL LAW TO DEVELOP

3.1 Activities Below the Threshold of a Use of Force

3.2 Use of Force

3.3 The Status of Data

4. CONCLUSION

7 Calling Up (And Creating) Auxiliaries

1.1 General Context

1.2 Outline and Summary of Conclusions

1.2.1 Why Is This an Issue?

1.2.2 Why Maintain a Differentiation?.

2. DEFINING NAVAL AUXILIARY AND MERCHANT VESSEL

3. LOGISTICS OPERATIONS BEFORE ARMED CONFLICT: AUXILIARY VERSUS MERCHANT VESSEL

3.1 Status of Vessels Under UNCLOS and Customary International Law

3.2 What Can Auxiliaries and Merchant Vessels Do?

3.3 The Relevance of the Distinction Between Auxiliaries and Merchant Vessels

4. LOGISTICS IN ARMED CONFLICT: AUXILIARY VERSUS MERCHANT VESSEL VERSUS WARSHIP

4.1 Status of Vessels Under the Law of Naval Warfare

4.2 Auxiliary "Operational Rights"

4.3 Auxiliary Perfidy?

4.4 Differential Liability to Targeting Under LoNW: Auxiliaries and Merchant Vessels

8 The Protection of Submarine Cables and Pipelines in Armed Conflict in the Indo-Pacific

2. HARMFUL ACTS AGAINST UNDERSEA INFRASTRUCTURE

3. ENTITIES HARMED BY ACTS OF SABOTAGE AGAINST UNDERSEA INFRASTRUCTURE

3.1 "Criticality" of Undersea Infrastructure

3.2 Legal Interests That States Hold and Gain By Laying Undersea Infrastructure

3.2.1 Legal Interests

3.2.2 International Law: UNCLOS and Undersea Infrastructure

3.2.3 Stakeholders in Undersea Infrastructure

4. RESPONSIBILITY FOR ACTS OF SABOTAGE AGAINST UNDERSEA INFRASTRUCTURE

4.1 Actors Involved in Sabotage Against Undersea Infrastructure

4.2 Scenarios Regarding Sabotage Against Undersea Infrastructure

4.3 Other Possible Legal Responses to Acts of Sabotage By Individuals

5. "ARMED ATTACK"

6. IS UNDERSEA INFRASTRUCTURE A MILITARY OBJECTIVE?

9 Winning the Information War

2. WAR AND LOAC IN THE INDO-PACIFIC

2.1 Political Geography of the Indo-Pacific

2.2 War in the Indo-Pacific: Past and Future

2.3 Traditions and Realities of LOAC

3. LAW AS A SUBJECT OF INFORMATION WARFARE

3.1 Law and Legitimacy

3.2 The Impact of the Information Revolution.

3.3 Lessons From Gaza

4. INFORMATION WARFARE IN THE INDO-PACIFIC

4.1 Information Warfare Capabilities in the Indo-Pacific

4.2 Chinese Lawfare Doctrine and Practice

4.3 Toward LOAC Information Warfare?

PART THREE Alliances, Partnerships, and Capability Development

10 Mutual Defense Treaties and Defense Groupings in the Indo-Pacific Region

2. THE ANZUS AND THE FPDA

2.1 Aim and Scope

2.2 Durability

2.3 Competing Alliances

3. THE U.S. ALLIANCES WITH THE PHILIPPINES, JAPAN, AND SOUTH KOREA

3.1 Aim and Scope

3.1.1 Land Features Versus Vessels and Aircraft

3.1.2 Land Features, Preemptive Strikes, and Prior Consent

3.1.3 Land Features Also Claimed By Alliance Partners

3.2 Durability

3.3 Competing Alliances

11 The Enhanced Defense Cooperation Agreement in Context

2. EVOLUTION OF THE PHILIPPINE-U.S. ALLIANCE TREATY SYSTEM

2.1 The Military Bases Agreement and Military Assistance Agreement

2.2 The Mutual Defense Treaty

2.3 Internal Threats Begin to Dominate

2.4 Impact of the South China Sea Disputes

2.5 Termination of the MBA

2.6 The U.S. Return Under the Visiting Forces Agreement

2.7 Chinese Maritime Expansionism Begins

2.8 The Enhanced Defense Cooperation Agreement

2.9 The Bilateral Defense Guidelines

3. LESSONS LEARNED

12 AUKUS and Nuclear Submarines

2. IMPLICATIONS UNDER THE NPT

2.1 Nuclear Material for Peaceful Purposes

2.2. Nuclear Material for Non-Proscribed, Non-Peaceful Purposes

3. REGIONAL IMPLICATIONS

3.1 Nuclear-Powered Submarines and Nuclear Free Zones

3.2 Submarine Navigation Rights Under the Law of the Sea

3.3 Environmental Concerns

3.4 Security Implications

4. TRADE OF NUCLEAR MATERIAL FOR PEACEFUL PURPOSES.

5. AN OPPORTUNITY TO STRENGTHEN THE LEGAL LANDSCAPE FOR NAVAL NUCLEAR PROPULSION.

Notes:

Description based on publisher supplied metadata and other sources.

Other Format:

Print version: Guilfoyle, Douglas Armed Conflict and International Law in the Indo-Pacific Region

ISBN:

9780197844557

9780197844564

OCLC:

1586813505