{
  "id": "RL32097",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RL32097",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 104135,
      "date": "2003-10-01",
      "retrieved": "2016-04-08T14:37:05.915544",
      "title": "Weapons of Mass Destruction Counterproliferation: Legal Issues for Ships and Aircraft",
      "summary": "President Bush outlined a specific plan to counter WMD proliferation in his  National\nStrategy to\nCombat Weapons of Mass Destruction  of December, 2002. The Administration's plan\ncombines\nefforts aimed at counterproliferation, nonproliferation, and WMD consequence management. The\nintent, it says, is to eliminate or \"roll back\" WMD in the possession of certain States and terrorist\ngroups, including potentially the use of force and aggressive methods of interdiction of\nWMD-related goods, technologies, and expertise. The use of interdiction as a counterproliferation\nmeasure appears to be part of a strategy that foresees the U.S. taking \"anticipatory action to defend\nourselves\" against terrorists and rogue States, \"even if uncertainty remains as to the time and place\nof the enemy's attack,\" and \"to detect and destroy an adversary's WMD assets before these weapons\nare used.\" A recent refinement of the WMD strategy is the Proliferation Security Initiative (PSI),\nwhich would involve cooperation among friendly nations to interdict transfers of restricted weapons\nand related technologies \"at sea, in the air, and on land.\" However, the Administration has\nrecognized that cooperation may not always be forthcoming, and has intimated that it will act\nunilaterally, if necessary.\n  Aspects of this national security strategy raise questions related to the international law of\njurisdiction, the law of the sea (which also references airspace), and international civil aviation\nagreements. The right of States to conduct self-defense and law enforcement activities abroad has\nthe potential to collide with the rights of other States to maintain their sovereign integrity and\nconduct free navigation and commerce. These rights are not absolute. This report provides an\noverview of the international law of the sea and other agreements as they relate to the permissible\nrange of methods for interdicting WMD-related contraband. After a short summary of the current\nlegal regime for international arms control related to WMD, the report outlines the basic concepts\nof jurisdiction in international law. Next, the report describes concepts central to the law of the sea,\nincluding the division of the world's waters and airspace into \"international\" and \"national\" territory,\nand a description of the rights, duties and limitations that apply depending on where the conduct\ntakes place. The report then turns to the international legal framework limiting the conduct of\nnations as it applies during times of war and peace, and during what has been called \"quasi war.\"",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": false,
      "formats": [
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          "format": "HTML",
          "encoding": "utf-8",
          "url": "http://www.crs.gov/Reports/RL32097",
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          "filename": "files/20031001_RL32097_7c39c78ccf135a1dc90523229a6b209b5ba2ae91.html",
          "images": null
        },
        {
          "format": "PDF",
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          "url": "http://www.crs.gov/Reports/pdf/RL32097",
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        }
      ],
      "topics": []
    }
  ],
  "topics": [
    "Foreign Affairs",
    "Intelligence and National Security",
    "National Defense"
  ]
}