(3)
Toward that end, President Bush issued his National Strategy to Combat Weapons of MassDestruction in December, 2002. The Administration's plan combines efforts aimed atcounterproliferation, (4) nonproliferation, and WMDconsequence management. Its purported intentis to eliminate or "roll back" WMD from certain states and terrorist groups who possess suchweapons or are close to acquiring them, including potentially the use of force and aggressivemethods of interdiction of WMD-related goods, technologies, and expertise. (5) The use of interdictionas a counterproliferation measure appears to be part of a strategy that foresees the U.S. taking"anticipatory action to defend ourselves" against terrorists and rogue states, "even if uncertaintyremains as to the time and place of the enemy's attack," (6) and "to detect and destroy an adversary'sWMD assets before these weapons are used." (8)
In May 2003, President Bush announced a new facet of the WMD strategy, to be known as the Proliferation Security Initiative (PSI). (12) However, recognizing thatcooperation may not always be forthcoming from all nations whose assistance is requested, theAdministration has intimated that it will act unilaterally, if necessary. (13)
These developments raise questions related to the international law of jurisdiction. This report provides an overview of the international law of the sea as it relates to thepermissible range of methods for interdicting WMD-related contraband on the sea and in the air, andalso of selected pertinent international regimes and agreements. After a short outline of the currentlegal regime for the international control of WMD, the report outlines the basic concepts ofjurisdiction in international law. Next, the report describes concepts central to the law of the sea,the rights and limitations. The report then turns to the international legal framework limiting theconduct of nations as it applies during times of war and peace, as well as during what might be called"quasi war," as is often deemed to be the case today. (50) The law of the seabalances the rights of maritime States to navigatefreely with the rights of coastal States to maintain security. Legal Divisions of Waters

Under the law of the sea, the world's waters are divided into two basic categories: national and international waters. The Right of Self Defense.
President Bush outlined a specific plan to counter WMD proliferation in his National Strategy to Combat Weapons of Mass Destruction of December, 2002. The Administration's plan combinesefforts aimed at counterproliferation, nonproliferation, and WMD consequence management. Theintent, it says, is to eliminate or "roll back" WMD in the possession of certain States and terroristgroups, including potentially the use of force and aggressive methods of interdiction ofWMD-related goods, technologies, and expertise. The use of interdiction as a counterproliferationmeasure appears to be part of a strategy that foresees the U.S. taking "anticipatory action to defendourselves" against terrorists and rogue States, "even if uncertainty remains as to the time and placeof the enemy's attack," and "to detect and destroy an adversary's WMD assets before these weaponsare used." A recent refinement of the WMD strategy is the Proliferation Security Initiative (PSI),which would involve cooperation among friendly nations to interdict transfers of restricted weaponsand related technologies "at sea, in the air, and on land." However, the Administration hasrecognized that cooperation may not always be forthcoming, and has intimated that it will actunilaterally, if necessary.
Aspects of this national security strategy raise questions related to the international law of jurisdiction, the law of the sea (which also references airspace), and international civil aviationagreements. The right of States to conduct self-defense and law enforcement activities abroad hasthe potential to collide with the rights of other States to maintain their sovereign integrity andconduct free navigation and commerce. These rights are not absolute. This report provides anoverview of the international law of the sea and other agreements as they relate to the permissiblerange of methods for interdicting WMD-related contraband. After a short summary of the currentlegal regime for international arms control related to WMD, the report outlines the basic conceptsof jurisdiction in international law. Next, the report describes concepts central to the law of the sea,including the division of the world's waters and airspace into "international" and "national" territory,and a description of the rights, duties and limitations that apply depending on where the conducttakes place. The report then turns to the international legal framework limiting the conduct ofnations as it applies during times of war and peace, and during what has been called "quasi war."