The Monte Confurco was a fishing vessel, flying the flag of Seychelles. Its owner was the Monteco Shipping Corporation, a company registered in Seychelles. In August 2000, the Monte Confurco left Port Louis (Mauritius) to engage in long-line fishing in the Southern seas. On 8th November 2000, the Monte Confurco was apprehended by the crew of a French surveillance frigate Floréal in the exclusive economic zone of the Kerguelen Islands in the French Southern and Antarctic Territories. The Monte Confurco was escorted under the supervision of the French navy to Port-des-Galets, Réunion. The Master of the vessel was charged and placed under judicial supervision. On 22 November 2000, the district court of Saint-Denis, Réunion, noted that among other …show more content…
The alleged offence committed in the present case relates to the conservation of the fishery resources in the exclusive economic zone (illegal fishing of toothfish). It was argued that the only offence committed by the Master of the vessel was his failure to notify its entry into the EEZ of the Kerguelen Islands and the tonnage of fish it carried on board, and that the vessel did not fish in the said zone. The Tribunal then applied various factors to the present case, (gravity of the alleged offences, range of penalties imposable under French law, value of the Monte Confurco and of the fish and fishing gear seized). The Tribunal found that the bond of 56,400,000 FF imposed by the French court was not reasonable pursuant to article 292 of UNCLOS. The Application concerning the allegation of non-compliance with article 73, paragraph 2, of UNCLOS was admissible and the allegation well-founded. The Parties were in disagreement whether the Master of the vessel was in detention. The Tribunal noted that the Master was not in a position to leave Réunion and considered that, in the circumstances of the case, it was appropriate to order the release of the Master in accordance with article 292, paragraph 1, of
The Mystery of Chaco Canyon introduces viewers to a very complex structure that was built by Ancient Pueblo Indians. Although there is no language to explain the structure’s meaning and purpose, researchers were able to read their architecture as a language. Four themes that were extracted from the structure were, the native’s immense understanding of astronomy, the use for the structure, the level of spirituality that the structure represents, and migration from Chaco Canyon.
United Nations , "United Nations and Convention on the Law of the Sea:Division for Ocean Affairs and the LAw of the Sea." Accessed November 27, 2013. http://www.un.org/depts/los/convention_agreements/texts/unclos/UNCLOS-TOC.htm.
Schneider, Jan. "The Gulf of Maine Case: The Nature of an Equitable Result." American Journal of International Law 79:3 (July 1985): 539-577.
In El Plan de Santa Barbara, we are provided with a brief description of what “racial structure” has created for the Chicano community.Those who are privileged, “Anglo-American community,” have determined our future, a future where we are meant to stay in the lower class of society. In the Manifesto of EPDSB, it states “due to the racist structure of this society… self-determination of our community is now the only acceptable mandate for social and political action”(EPDSB 9). This “racist structure” stated in El Plan de Santa Barbara is traced all the way back to our ancestors during the Spanish invasion and through the Chicano movement we have been able to fight back against this “racist structure.”
Created by collapsed volcanoes hundreds of years ago and white topped with glaciers that are millions of years old, the Ecuadorian mountain is a known landmark. With the name of The Ice Throne of God, thousands of expert climbers come from the farthest corners of the Earth to attempt to scale this giant, but few succeed. Home to hundreds of graves, and with its towering heights, it earns the title of tallest mountain in Ecuador.
Heaven is a place on earth. In the hit Netflix original television series Black Mirror, specifically the episode “San Junipero,” individuals are allotted 5 hours a week to enter a virtual reality to live as a younger version of themselves. Individuals can then choose to ‘pass over’ or upload their consciousness into a cloud and become permanent residents of the town, San Junipero. The show centers around two women who become lovers connected by their want of nostalgia. Nostalgia defined by Svetlana Boym is a “longing for a home that no longer exists or has never existed… a sentiment of loss and displacement” (XIII). San Junipero, has allowed two broken people connected by nostalgia to live together forever in a utopia but in reality, San Junipero
For the past 200 years, Colombia and Nicaragua have been disputing ownership over the maritime border near San Andrés, Providencia, and Santa Catalina. After originally being under Colombian control, the ICJ extended Nicaragua’s maritime borders. However, Nicaragua’s intentions are purely economic while Colombia’s are more vested in the culture and wellbeing of both the natives and the environment. Therefore, the ICJ should return the maritime sovereignty to Colombia.
According to Article 38 of the 1946 Statute of the International Court of Justice, the Court shall apply “international custom, as evidence of a general practice accepted as law” in its decisions (Kritsiotis 123). In other words, the International Court of Justice cites customs as a formal source of law. According to Roberto Unger, author of Law in a Modern Society, customary international law is best defined as “any recurring mode of interaction among individuals and groups, together with the more or less explicit acknowledgement of these groups and individuals that such patterns of interaction produce reciprocal expectations of conduct that out to be satisfied (Shaw 72-73). In other words, customary international laws are primarily concerned with how and why sates behave in a particular manner. Customs derive from the behavior of states (state practice) and the subconscious belief that a behavior is inherently legal (opinio juris). Evidence of state behavior is documented in the decisions of domestic courts, international courts, and international organizations. Unlike treaty law, customary laws are binding on all states. Additionally, if a treaty derives from a custom it is also binding on all states. Some of the international court cases that have been instrumental in the development of customary international law include the Nicaragua v. United States case, the Anglo-Norwegian Fisheries case, the Scotia case, the Asylum case, the Paquete Habana case, and the Lotus case.
Glenn, J. M, 2008, Mixed Jurisdictions in the Commonwealth Caribbean: Mixing, Unmixing, Remixing. Electronic Journal of Comparative Law, vol. 12.1. [Online] available at [accessed on 12 November 2010]
26th of November 2001 was when Adel Tebourski was arrested in France in connection with the killing of an Afghani military figure. He was tried before the Paris Criminal Court and on 17 May 2005 and he was sentenced to imprisonment for six years and removal of certain civil rights for five years. By decree of 19th of July 2006 he was dispossessed of his French nationality and an order for his deportation was issued. Tebourski then applied for asylum in France on 25th of July 2006. His application was rejected on the 28th of July 2006. He immediately appealed to the Refugee Appeals Board. On the 27th of July 2006 the UN Committee Against Torture (CAT) requested that France refrain from deporting Tebourski until it had considered his complaint. Nevertheless, Tebourski was deported to Tunisia on the 7th of August 2006 following a series of unsuccessful appeals in France. The Committee against torture noted France’s justifications for its deportation of Tebourski despite its request that his deportation be stayed. Article 3 rights applied to all, regardless of a person’s character. In failing to comply with the request for interim measures, France had violated Tebourski’s rights under Articles 3 and 22 of the CAT and was required to take measures to amend contravention of Article 3, and to consult with Tunisia on Tebourski’s
Social, political and economic developments have continued to improve largely ever since the invasion of Algeria by French and Arabs. The culture of the people of Algeria together with the justice system have had influence from these invasions, therefore, the setting of its legal system has been designed to serve the citizens of the country in a way that suits everyone though there have been challenges in the administration of the law.
The Death Penalty, Human Rights and British Law Lords: Judicial Opinion on Delay of Execution in the Commonwealth Caribbean.Full Text Available By: Ghany, Hamid A.. International Journal of Human Rights, Summer2000, Vol. 4 Issue 2, p30, 14p
The judicial statement of Roskill LJ observed in The Albazero [1977] AC774 held plenty of arguments in modern world today. To reach an extent of agree or disagree the judicial statement, it should be critically analysed from a legal perspective:
Mount Vesuvius is a volcano located in southern Italy, near the bay of Naples and the city of Naples. It is the only active volcano on the European mainland. Vesuvius rises to a height of 1277 m (4190 ft). Vesuvio (Vesuvius) is probably the most famous volcano on earth, and is one of the most dangerous.
...here to. As it relates to the Shanique Myrie case with the Barbadian government the treaty is clearly not being rationalized. It was in 2007, the Barbadian government argued against the treaty’s initial decision about free movement. There was no intervention by members of state hence an assent to the decision still stands until re-argued. Based on the treaty, unless an individual displays a serious threat against the society’s interest then the freedom of entry should be granted. Meaning if there is evident proof that there is demoralization of public morals, national security, health and safety then with all means should the refusal present. However it was not the case of the Shanique Myrie story and now with the Caribbean Court of Justice (CCJ) handling of nationals by Caricom Community needs to be revised. (Barbadosunderground.worlpress.com)