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
rules under a unique scheme is a big achievement. No precise rule within LOSC in order to achieve best interests for states and absence of agreement on means - Consistently applied by international judicial bodies and works for EEZ, territorial sea, continental shelf and SMB = reasonable predictability of international bodies delimitations. - got around the difficulty of the sui generis character of each maritime boundary differences in legal basis and variability of circumstances. = best scheme
explain and justify about Sea Piracy in International Law. Sea Piracy can be define as the people who are involved in the acts of piracy, pirates will steal the cargo and another valuable things from the shipper and that is one of the act of the robbery and violence by the ship or the borne attackers. In international law, Sea Piracy has consist of a seat in the legislation. Universal jurisdiction has highly specialized form of international jurisdiction by the Sea Piracy. Sea Piracy will become a threat
The United Nations Convention on the Law of the Sea (UNCLOS) is an international treaty that governs the use of the world’s oceans. On November 16, 1994, after getting the required sixty signatures, the Law of the Sea Treaty became an international law. Today, 143 countries are a part of the UNCLOS. However, the U.S. is not part of it for many reasons. In 1993, the Department of Defense supplied an Ocean Policy Review Paper on “the currency and adequacy of U.S. ocean policy, from the strategic standpoint
reduction and elimination of marine pollution has become one of the major issues in the contemporary law of the sea and it has proved to be a complex task, requiring the creation of a new and growing body of international law. This process, though in certain respects still incomplete, has reached its potentially most significant stage of codification and development through the provisions of the Law of the Sea Convention of 1982. The control of aquatic pollution has been identified as an immediate need
In the Western Pacific, the South China Sea is a global crossroads that holds strategic importance for many nations world wide. The South China Sea stretches from the Taiwan and Luzon Straits in the north to Indonesia and the Strait of Malacca in the south with Vietnam on the west and the Philippines and Borneo on the east. In total size, the South China Sea surpasses the Mediterranean Sea. However, unlike this Near-Eastern comparator, territorial disputes and conflicting claims threaten the movement
September 28, 1945 marked the time when the U.S. ventured in the exploitation of sea resources such as oil and gas. President Truman issued a proclamation in favour of the country to explore and exploit these minerals under United States policy (Frazier 2009, p.3). The Truman Proclamation firmly consolidated the distinction between the question of the legal regime governing fisheries resources beyond the territorial sea and the regime governing mineral resources. As far as the legal concept of the
PROVING ‘PERILS OF THE SEA’ The burden of proof as regards proving damages caused due to perils of the sea is always on the insurer. The insurer has to prove on a balance of probabilities that the ship was lost or damaged as the case may be, due to perils of the sea. The Courts in various cases have stated that the mere proof of incursion of seawater into the insured vessel leading to its demise, is not sufficient to prove the presence of ‘perils of the sea’. It is so because mere entry of seawater
violation of its 200-mile territorial sea. From it’s inception, Ecuador had accepted the customary three mile limit as the demarcation of its territorial waters. However, after 130 years, Juan Valdez achieved power in 1952. Under his regime, he proclaimed that the three mile boundary was never meant to be considered a fixed and unalterable boundary, and that historical practices as well as the natural features of the area justified a 200-mile territorial sea. Each Ecuadorian president since Valdez
1. Introduction International law can go through substantial changes if the privileged legal subjects, states, share a common will. Whenever the circumstances are such, the actors can convene a conference and after a series of negotiations, they might conclude an international agreement among themselves resulting in a new setup of international law. From a procedural point of view, therefore, it is rather simple to ‘make’ international law. If the substantive elements significantly overlap (i
Each year approximately ten million containers of cargo, containing raw materials to finished goods are transported by seas. The ships are owned by different states, private companies or individuals and manned by mixture of seafarers from different countries, mixed together from various nationalities. These ships are perhaps the most autonomous entities on earth as rule of law allows frequent change of their allegiance or identity by choosing a flag to suit their requirement. Although merchant ships
translating them into different languages. The discovery of the Dead Sea Scrolls caused the Essenes to gain the attention from scholars as well as the world. Many of the documents that were recovered from the caves have been untouched since around 300 BCE, among these documents, were several copies of the Hebrew Bible. The Dead Sea Scrolls were discovered between 1947 and 1956 in eleven caves on the northwest shore of the Dead Sea. They were discovered in an area approximately 13 miles east of Jerusalem
threats. Meanwhile, there is an argument that inter-states dispute should be categorized as national security instead of maritime security. Thus, there is another definition of maritime security which define maritime security as good or stable order at sea (Till 2004; Vrey 2010; Kraska and Pedrozo 2013: 1). The definition of maritime security from one to another is different as the scope of maritime security is broad and each actor has different point of view on the issue. There is no universal legal
Dalton’s Law As we think of rules that we inadvertently follow every day without even realizing it like speed limits and wearing seatbelts, respiratory therapists must remember that there are gas laws we follow every day without realizing it also. This paper will focus on a gas law called Dalton’s law of partial pressures. For respiratory therapists to fully understand the importance of Dalton’s law, we must explain what this law states, how it applies to respiratory care, and what advancements in
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
THE SOUTH CHINA SEA DISPUTES UNDER VIEW OF INTERNATIONAL LAW Introduction The features in the South China Sea (‘SCS’) have become the root of tensions and conflicts in the region for years. Generally, that is the dispute on territory and sovereignty over ocean in whole or in part by countries in region. The case has dominated headlines for more than four decades not only because it complicatedly involves ‘multiple claimants contend over issues of sovereignty’ but also because it raises awareness
FREEDOM OF NAVIGATION The arrival by sea of refugees presents us with a challenge when interpreting and applying the principle of non-refoulement. It also leads to confusion about how to understand the relevant rules relating to the freedom of the high seas. One of those freedoms mentioned in UNCLOS is the freedom of navigation. This freedom comprises two principles, namely; 1. The vessel sailing under the flag of any state has the right to navigate through the high seas. 2. The navigation of vessels which
happening today which not only affects the United States, but also an entire region, the South China Sea. In a region of huge global trade, natural resources and a fight amongst countries, leaves a great concern of the economic stability for not only the region but also the world. In this paper it will cover the topics associated with international maritime law, the implications of how the South China Sea dispute is effecting the U.S. and its security interests, who is involved in this dispute and why
To truly protect sea turtles around the world, many different countries and cultures must cooperate and share responsibilities. International laws and agreements, research, and the work of dedicated organizations and individuals each must play a part. Long-term protection of sea turtles also means developing solutions that reduce reliance on management methods requiring direct human involvement such as moving nests or raising hatchlings in captivity. If sea turtles cannot survive and reproduce on
confront the injustice done to Albania reflected in the International Right with the Law of Seas. This paper will argue in favor of the decision of the Albanian Constitutional Court for rejecting the nautical pact between Greece and Albania as the most reasonable and fair decision, because it is directly connected not only to geographical and legal reasons, based on the United Nations Convention on Law of the sea (1982), but also to economic and touristic issues. The “secret negotiation” that was