Maritime Exclusion Zones in Times of Armed Conflict at Sea

Abstract

This article focuses on maritime exclusion zones as a device of naval and economic warfare. Belligerents in several twentieth century armed conflicts have established maritime exclusion zones in order to constrain the movement of enemy ships and neutral trade. Recent India-Pakistani and North-South Korean tensions are just two examples of international conflicts in which governments could resort to such zone practices again. The issue of whether and to what extent maritime exclusion zones are legally acceptable, however, is still one of the most controversially discussed in contemporary humanitarian law of armed conflict at sea. Analyzing state practice in the first and second world wars, the Iran-Iraq war and the Falklands conflict, and taking into account the international community’s reactions and the opinions of leading scholars, this article attempts to outline legal guidelines that could form the basis of a future convention on the law of naval warfare. Furthermore, it examines whether or not it is desirable and feasible to embark on diplomatic negotiations to draft a treaty on the subject.

Keywords: Exclusion Zones, Armed Conflict, Law of the Sea, Naval Operations, Falkland conflict, North-South Korea