Congress Enacts Increased Protections for Sunken Military Craft

Bibliographic Data

ID9553513
AuthorsDavid J Bederman (corresponding author)
Year2006
Volume100
Issue3
Pages649-663
Publication date2006-07-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueAmerican Journal of International Law (JOURNAL)
Journal identifiersISSN: 0002-9300 • E-ISSN: 2161-7953
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/s0002930000031110
OpenAlexW191881479
LanguageEN
Citations received5
References cited4

The domestic and international legal status of warships and military aircraft submerged in United States waters or in international waters has been quite contentious of late. It has resulted in some notable litigation in U.S. courts, a presidential statement on U.S. policy, official lodgings of positions by foreign governments with the United States, a proposed international convention drafted by the United Nations Educational, Scientific and Cultural Organization (UNESCO), and other developments that have previously received notice in the pages of this Journal. In a somewhat surprising turn, Congress, in October 2004, adopted as part of the National Defense Authorization Act for Fiscal Year 2005 a set of provisions known as the Sunken Military Craft Act (SMCA). This essay briefly traces the trajectory of developments in this sector of international law, analyzes the provisions of the SMCA, and offers a critique of the underlying policy and legal assumptions of that statute in light of those developments

Convention · Craft · Foreign policy · Notice · Political science · Politics · Statute · History · International Maritime Law Issues · Law · Law, logistics, and international trade · Maritime Security and History

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