Blockade Law in the Contemporary Context: the Russia-Ukraine conflict and Broader Trends (TPC)

The dissertation draws primarily on customary international law to conclude that Russia has not undertaken a maritime blockade of Ukraine in the conflict but instead declared a form of maritime zone. The analysis finds that despite the absence of a maritime blockade, the conflict is illustrative of broader contemporary questions for the law of blockade, which the research goes on to consider. These include that the Law of Armed Conflict relating to starvation applies only to belligerent populations, that there are multiple ways in which those breaching the Law of Naval Warfare and law of blockade may be held accountable, including domestic and international legal forums such prize courts and the ICC and ICJ, and through enforcement by neutral States. The dissertation extrapolates from the use of new technology in the conflict, including increasingly long-distance weaponry, uncrewed and autonomous systems and considers what these mean for blockade law. In doing so, it argues that faced with grey-zone activities falling short of blockade but having similar effects, States which are committed to maintaining the law of blockade and global maritime commerce must undertake to clearly articulate the law and assist neutral States that are victims of breaches of the Law of Naval Warfare in challenging and preventing this, whether through strategic messaging, assistance in international institutions or facilitating neutral convoy operations. The dissertation highlights areas of the San Remo Manual which may warrant reconsideration in its ongoing redrafting, including the provisions on proportionality and starvation in blockade. The dissertation concludes that maritime blockade will remain an essential component of the Law of Naval Warfare in future and affirms the importance of multi-lateral efforts to clearly articulate the law such as the redrafting of the San Remo Manual.<p></p>

Authors dc:creator

• Fryer Nicholas (23411827)
• Nicholas Fryer (21043529)

• Law of Armed Conflict
• International Humanitarian Law
• Law of Naval Warfare
• Maritime Blockade
• Russia-Ukraine conflict

Statement dc:rights

• All rights reserved
• Open Access after 2027-03-02

Identifier

10779/exe.31593409.v1

OAI identifier oai:identifier

oai:figshare.com:article/31593409