ABSTRACT

The application of laws to the right of free passage on the seas usually breaks down when a state of lawlessness occurs, such as in war. Belligerents deliberately seek to cause as much harm as possible to their foes, and, if cutting or denying ocean traffic will hurt the enemy, then all suddenly becomes fair. The only true restraint on a belligerent's action is the possibility of causing other, non-involved, nations to become involved because of the harm they have suffered.1