In 1913 the Institute of International Law adopted the Oxford Manual on the Rules of Naval War Governing the Relations Between Belligerents. Eighty-one years, two world wars and a host of other conflicts later, it is clearly not too soon for a modern authoritative restatement of the law which takes account of changes not just in technology but also in the structure of international governance of both armed conflict and of the sea. This task was undertaken by the International Institute of Humanitarian Law in a series of meetings held between 1987 to 1994 and which drew upon the knowledge and experience of many legal and naval experts. The Manual is the product of this work and is comprised of 183 articles arranged in six Parts. It is accompanied by a lengthy Explanation which takes the form of a commentary on each of the articles of the Manual, written by the Rapporteurs of the working groups and, although not formally a part of the Manual, is obviously of the utmost significance in shedding light upon it.

The first Part sets out the fundamental propositions and definitions, while the second relates the rules of naval conflict to the modern law of the sea. For the generalist international lawyer, these sections contain much of interest. First, the relevance of the laws of armed conflict (no longer war) to operations conducted under the auspices of the United Nations or in pursuance of the right of self-defence is confirmed and the responsibility of neutral States to refrain from assisting a State identified as responsible for the resort to force asserted. Part II, entitled “Regions of Operation” relates the rules to the various jurisdictional zones that have come into being since 1913. The Manual carefully plots the applicability of its rules to archipelagic waters, which are placed alongside the internal waters and territorial seas. Operations within or on the EEZ and the continental shelf of a neutral State are subject to the requirement of “due regard” for the rights and duties of the coastal State. It should be noted that this does not prevent mining the seabed, although how this is compatible with paying “due regard… to the protection and preservation of the marine environment” is, not surprisingly, opaque.

Part II also contains an interesting section which attempts to strike the balance between the interests of belligerents and neutrals in the exercise of rights of passage through international straits and archipelagic sealanes. This includes the rights of belligerents to take “defensive measures consistent with their security”, and accompanied by a non-exhaustive illustrative list. This will provide much food for thought and State practice must continue to be scrutinized in the light of the Manual’s provisions. Predictably, the Manual leaves open the question of whether warships enjoy an unqualified right of innocent passage through the territorial seas of another State. Equally unsurprising is the robust rejection of the contention that Art. 88 of the 1982 Law of the Sea Convention reserving the High Seas for “peaceful purposes” prohibits naval warfare.

The following Parts concern “Basic Rules and Target Discrimination”, “Methods and Means of Warfare at Sea”, “Measures short of attack: interception, visit, search, diversion and capture” (that is, a modern restatement of the law of “prize”) and “Protected Persons, Medical Transports and