The Law of the Sea Territorial Sea is established up to 12 miles from the baseline of the coast. This is an extension of the land and the coastal state exerts full sovereignty over the area. It is an area of national jurisdiction. Also establishes a contiguous zone where the coastal State may exercise the control necessary to (1) prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations (2) punish infringement of the above laws and regulations committed within its territory or territorial sea. The contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured. 1 Compare and contrast the powers of coastal states in internal waters, the territorial sea and the contiguous zone. Internal Waters are assimilated into the territory of the state. A coastal state may exercise jurisdiction over foreign ships within its internal waters to enforce its laws, although the judicial authorities of the flag state may also act where crimes have occurred on board the ship. There exists therefore a concurrent jurisdiction.[1] A merchant vessel in a foreign port or in foreign internal waters is automatically subject to local jurisdiction unless the matter was concerning general conduct of the crew where it did not threaten peace and security it would be left, through courtesy to the flag state. In the case of a warship however the authorisation of the captain or of the flag state is necessary before the coastal state may exercise its jurisdiction. Due to the status of warships as a direct arm of the sovereign if the flag state. C... ... middle of paper ... ... [1]R v Anderson (1868) the Court of Criminal Appeal in the UK declared that an American national who had committed manslaughter on a British ship in French internal waters was subject to jurisdiction by all three states. Wildenhus Case the US Supreme Court held that American courts had jurisdiction to try a crew member of a Belgian vessel for the murder of another Belgian national when the ship was docked in Jersey. [2] International Court remarked as such in the Fisheries Jurisdiction cases especially since the 1960 Geneva Conference. Stated that "the extension of that fishing zone up to a 12 mile limit from the baselines appears now to be generally accepted." [3] Where the state was said to be "in a situation of special dependence on coastal fisheries." [4] Provided in Article 55 of the 1982 Convention
Under the UN 1982 treaty, a state’s territorial sea extends twelve nautical miles from the national coastline (Slomanson 305). Within this area, Ecuador exercises its sovereignty over these waters as if it were a landmass (Slomanson 305). All aspects of the sea are under its control, including the seabed and airspace. Furthermore, Ecuador is allowed to impose laws that regulate the territory and consume resources that lie inside this defined area. Within this territorial sea, Ecuador “must exercise its sovereign power in this adjacent strip of water” (Slomanson 305). Additionally, Ecuador is expected to chart this water and to provide warning of navigational hazards (Slomanson 305). However, Ecuador did not act upon this and was “lax in enforcing it”. In 1951, the International Court of Justice issued this statement in response to a ruling:
Aaron Ogden, a captain of a ship passing through New York State to trade with other states, was stopped one evening by Thomas Gibbons. He addressed Ogden to cede his ship over to New York officials. Ogden, Gibbons argued, had not a license that permitted him to sail through these particular waters. Therefore, he had a right to seize Ogden’s ship. Ogden, on the other hand, claimed he had a federally approved license to navigate any waters in the United States. Gibbons declared the supremacy of the New York Steamboat Act, while Ogden stated the Federal Coasting Law as the rule. The stage had been set for the Supreme Court.
Federal supremacy was also finally solidified by this case. New York said that the Federal Coasting license that Thomas Gibbons had was useless in New York waters. Thus this sets-up the great issue of the day state gov't v. federal gov't. But as New York and the rest of the United States finally gets into it's head that the Constitution is the law of the land and that in Article IV, it states that "federal laws supersedes state laws"
"Schenck v. United States. Baer v. Same.." LII. Cornell University Law school, n.d. Web. 6 Jan. 2014. .
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.
Kirby, David. Death at SeaWorld: Shamu and the Dark Side of Killer Whales in Captivity. New York: St. Martin's Press, 2012. Print.
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.
Zacher, Mark W. “The Territorial Integrity Norm: International Boundaries and the Use of Force.” International Organization. Vol. 55, No. 2 (Spring 2001), 215-250.
Parliament of Canada. (n.d.). Northern Cod: a failure of Canadian fisheries management. Retrieved June 17, 2014, from Parliament of Canada: http://www.parl.gc.ca/HousePublications/Publication.aspx?DocId=2144982&Mode=1&Parl=38&Ses=1&Language=E&File=21
711 million people a year sponsor the act of kidnapping, torture, and starvation around the world. If you’ve ever been to a zoo, aquarium or a Seaworld park, you’re one of those 711 million people. Lately, controversy has struck the world over the treatment of animals in those types of facilities. There are many good rehabilitation centers in zoos worldwide that help injured, endangered or ill animals, which is why a lot of people do support them. However, there is a darker side to these parks and facilities. These animals cruel pasts and hidden lives will never be heard unless we help. Help them escape their tortured lives, and see their families they were ripped from when they were only babies. Be the voice of the voiceless and shut down
The first element of international law is state practice. There are certain behaviors that are regarded as customs once they are practiced by a substantial amount of states over a prolonged period of time. However, it is important to note that this stand...
‘he is not the one who has jurisdiction over the sea or holds the trident that
Stories have been used to teach lessons to the readers. The lessons in the story centered around were about morals and would forewarn the dangers if a person acted in a destructive manner. The Golden Rule is a well-known moral with an idea is that a person should treat others the way they wish to be treated. The Golden Rule can be portrayed to correlate with religious views. The Golden Rule is the moral to the story in “The Rime of the Ancient Mariner” by Coleridge because of the actions that occurred from events involving the Albatross.
Sharks are known as one of the most fearsome creatures that end innocent peoples' lives with no mercy, however, there is a large amount of information that civilians do not know about them. This year alone, sharks killed a total of twelve humans worldwide. On the contrary, this is compared to a killer amount of "100 million sharks that were killed this year by the actions of humans" ("Shark Finning"). In addition to these startling numbers, the killing of sharks actually damage our ecosystem just because of this known persona that all sharks are wicked and not help in any way towards the environment. There are quite a lot of positive factors and interesting facts about sharks that make them appealing towards learning more about these majestic creatures. Overall, it is important to feature interesting facts about sharks because of how society displays a stereotypical flaunt of sharks, yet there are respectably well factors of sharks and their input in the dark sea.
Derek Walcott, acclaimed Caribbean author, writes to make sense of the legacy of deep colonial damage. Born in 1930 in the island of St. Lucia, Walcott has a melancholic relationship with Caribbean history which shapes the way he carefully composes within “The Sea is History.” Walcott’s application of Biblical allusions seeks to revise and restore Caribbean identity.