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Natalie Klein, University of New South Wales, Sydney,Kate Purcell, University of New South Wales, Sydney,Jack McNally, University of New South Wales, Sydney
This chapter examines legal developments in submarine regulation taking into account the political context existing prior to World War II, including tensions in the Pacific with Japan’s aggression against China. Notably, States adopted the 1936 London Protocol on Submarine Warfare seeking to align requirements for submarines with obligations imposed on surface warships. Tensions in the 1930s also prompted Turkey to initiate a revision of the legal regime governing the Turkish Straits, leading to the Montreux Convention and the near complete prohibition of submarine passage in these waters. With the outbreak of World War II and unrestricted submarine warfare, questions emerged as to the viability of rules set out in the 1936 London Protocol. States also moved to revise laws of neutrality with more targeted consideration of submarines. The chapter thus reflects ongoing legal developments concerning navigational rights of submarines in territorial waters and the regulation of submarines during armed conflict.
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