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41. The Right to Leave by Sea: Legal Limits on EU Migration Control by Third Countries

Author:
Nora Markard
Publication Date:
07-2016
Content Type:
Journal Article
Abstract:
The EU and its member states are progressively involving third countries in their border control measures at sea. Relevant instruments of cooperative migration control range from capacity building measures to joint patrols in third-country territorial waters and shared surveillance intelligence on ship movements. So far, the discussion on migration control at sea has mainly focused on the illegality of ‘push-backs’ of migrant boats by EU member states to their point of departure. By contrast, the increasing incidence of departure prevention or ‘pull-backs’ by third countries in the service of EU member states has been largely neglected. In particular, such measures raise grave concerns with respect to the right to leave any country, including one’s own. Of central importance during the Cold War, this human right is of no lesser relevance at Europe’s outer borders. This paper explores to what extent departure prevention and pull-back measures are compatible with the right to leave and the law of the sea and discusses the responsibility of EU member states for internationally wrongful acts committed by third countries in such cooperative migration control scenarios.
Topic:
Human Rights, International Law, Migration, Border Control, and Maritime
Political Geography:
Europe and European Union

42. Naval Relations Between the United Kingdom and Brazil During the Cold War: The Case of the Purchase of the Vosper Frigates

Author:
Joao Roberto Martins Filho
Publication Date:
06-2015
Content Type:
Journal Article
Journal:
AUSTRAL: Brazilian Journal of Strategy International Relations
Institution:
Postgraduate Program in International Strategic Studies, Universidade Federal do Rio Grande do Sul
Abstract:
This article aims to analyze the case of the acquisition of Vosper frigates by the Brazilian Navy, which took place in early 1970. Besides being an illustrative case of foreign policy disputes, it demonstrates how economic interests can define the foreign policy of nations. The business of frigates is considered strategic for the relationship between Brazil and the United Kingdom.
Topic:
Foreign Policy, Diplomacy, Navy, Maritime, and Economic Cooperation
Political Geography:
United Kingdom, Europe, Brazil, and South America

43. Moving East and South: U.S. Navy and German Navy Strategy in the Eurasian Theater 1991- 2014, A View from Germany

Author:
Sebastian Bruns
Publication Date:
09-2015
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
The Cold War ended rather suddenly in 1991. With it went the model on which the United States’ maritime strategy of the 1980s had rested. Driven by individuals like John Lehman, President Ronald Reagan’s long-time Secretary of the Navy, that series of strategic documents promulgated a forward, offensive, counter-force approach and the famous ‘600-ship Navy’ force structure. With the formal dissolution of the Soviet Union on December 25, 1991, the sole challenger to U.S. naval power vanished practically overnight. Red Fleet warships were rusting away in port or dismantled altogether. In the United States, the military lost significant human capital through a number of force reduction rounds, which reflected how the U.S. Navy could and would take on the post-Cold War world intellectually. In the wake of this strategic recalibration, allied militaries and their navies—such as the Federal German Navy, soon to be renamed German Navy—also underwent substantial transformations. These were often guided by the shifting geopolitical landscape as well as the popular desire to reduce the inflated defense budgets of Cold War days in order to obtain a peace dividend. This analysis will focus on the Eurasian theater—very broadly speaking, the waters that surround the European and Southwest Asian landmasses[1]—in U.S. and German naval strategy between 1991 and 2014. The maritime sphere has become increasingly important as a domain of emerging security since the end of the Cold War, yet comparatively little time and resources are being devoted to research on naval strategy and relationships between allies at sea. As a result, the use of naval force for political and diplomatic ends and the dynamics of maritime geopolitics have suffered. This essay seeks to underline the challenges that have confronted the U.S. Navy in the past generation and analyze their long-term effects. While the U.S. Navy’s geographic focus and operational interests have increasingly shifted from Europe to the Middle East and Asia, and from control of the “blue water” high seas to the littorals, these key interests should not be overlooked. In the view of the author, the fall of the Soviet Union and the implication that allies like Germany would do more to patrol their own maritime neighborhood provided the U.S. Navy with a convenient reason to de-emphasize their previously highly valued naval hub in the Mediterranean Sea. In rebalancing from the Sixth Fleet area of responsibility (AOR) to other regions of the world, the U.S. Navy accepted the consequences for fleet design and ship numbers, perhaps willingly using it as a bargaining chip for force reduction rounds in Washington, D.C. Implicitly, European allies and the U.S. Air Force[2] were expected to fill the gap left behind in terms of naval presence and crisis response, in particular after the successful campaigns in the Adriatic Sea in responding to unrest and war in the Balkans. European allies, however, were largely uninterested in stepping up to the plate; they considered their near abroad safe enough. Most importantly, they were somewhat wary of delivering a combined ‘pocket Sixth Fleet’ of their own. Finally, they were preoccupied with managing German unification, enlargement of the European Union, and establishing a common market and currency, among other things. Accordingly, this paper sheds a light on some key German strategic documents for a time when the reunited country sought its new place in the security environment of the post-Cold War world. By taking a unique view from Germany, one of the U.S. Navy’s premier NATO allies, this analysis also considers the transformation of the Bundesmarine from an escort navy to an expeditionary navy.[3] It seeks to conceptually explain how Germany’s security policy addressed the maritime challenges of the new era. The German Navy was principally drawn south- and eastward geographically after 1991, usually in close cooperation with other allied and friendly navies (and mandated by NATO, the EU, or the UN).[4] It was increasingly asked to address maritime security challenges to which the U.S. Navy no longer, or only in a supporting role, responded. The German Navy went into the breach with what were essentially Cold War assets and a mindset fundamentally dominated by the inability to think strategically. This paper is split into two sections. The first section discusses the 1991-2001 timeframe and the second section covers the period from 2001-2014. 2001 marked the inauguration of President George W. Bush in January and the terrorist attacks on September 11 eight months later. Each section looks at the strategic developments of the U.S. Navy and the German Navy, their major naval operations, and some areas of cooperation between the two navies in Eurasia...
Topic:
Security, Cold War, History, Military Strategy, Navy, and Maritime
Political Geography:
Europe, Germany, North America, and United States of America