Case 2-5 St. Vincent and the Grenadines vs Guinea Facts: On November the 13th 1997, a St. Vincent’s and Grenadine agent filed a case against Guinea concerning the release of Marine Vessel Saiga as well as its crew. The vessel had been taken into custody by the concerned authorities after being suspected to be used for smuggling purposes. During its seizure, the vessel was in the process of refueling both fishing vessels as well as normal vessels that were operating off the coast of Guinea. During the time of its arrest, the vessel was drifting within the Exclusive Economic Zone of Sierra Leone.St. Vincent and Guinea happen to be state parties of the United Nations Convention on the Law of the sea thus making the tribunal to have a jurisdiction in this particular case. Procedure: Issues 1. Was the Saiga in breach of violating customs laws while in the restricted economic zone of Guinea by refueling other vessels in these waters? 2. Is Guinea in infringement of the UN rule, Article 292 for failing to not be in line with the timely discharge of the vessel and crew upon getting the agreed bond? Holding: No Rule: During its seizure by the concerned authorities, the vessel was not in any violation of the existing laws that could link it to smuggling. The vessel was acting as a fishing fuel under the known facts that it was only refueling other vessels in the sea area. Concurring opinion The International Tribunal for the Law of the Sea made a decision in this case that
Not only was the AFP 's response a legal one, but also a non-legal one. A major operation was then undertaken
In the 19th century there a two floored schooner named La Amistad, which is Spanish for “Friendship”. This schooner was built in the United States of American and was used by Cuba. In July 1839 there was a slave revolt led by captives from Sierra Leone. La Amistad was transporting these people to use as slave labor in Cuba. A man by the name of Cinque creatively used a nail to unlock his chains, and then his fellow captives. They were able to take control of the ship after having to kill the captain and other crew members that wouldn’t submit to their rule. They forcibly ordered the remaining crew to sail them back to Africa. The captives were outsmarted by the captives whom had control over the schooner’s directions. The remaining Spanish crew stir the ship to the coast of Long Island. The Mende people were arrested and imprisoned in Connecticut, were they waited during the court proceedings. Now is when the controversy began. The Spanish and there government ordered the U.S to return the slaves and there schooner as property. At the time in the U.S. slave trade was illegal so the U.S. governemnt refused to send back the Africans because technically there were free and not property. The court case United States v. Amistad in 1941 gained much popularity due to the subject matter of ownership and jurisdiction.
issue, and soon the police were even in on it. There was one ship though, the Black Duck, who the coastguard could never get. The coastguard tried and tried but the Black Duck always out ran them. Even if the Black Duck were to get caught they could just throw overboard the illegal liquor.
Can have seasonable non-navigability. But if not normally navigable and just occasionally navigable, then no admiralty jurisdiction.
The African rulers who signed the Royal Niger Company’s standard form (D1) received monetary compensation for turning over their land. They may have recognized the futility of trying to resist the British government and decided to make the most of it by complying with the terms of the contract. Or they may not have truly understood what they were signing, given language barriers. When the company pledged not to disrupt the laws and customs of the country, the wording it then inserted –“consistently with the maintenance of order and good government” is able to be used as a warning that effectively gives the company the latitude to do whatever it wants. Almost anything could be defined as interfering with “the maintenance of order …” and so the British were bound to trample all over the native customs of the Niger River delta. Document nine gives us important information. Finally, Mojimba’s description of a battle he witnessed indicates that it pitted Africans against not only the British but also African mercenaries, so there were some Africans who chose to help Europeans suppress African resistance, getting paid as soldiers for hire. Mojimba’s words are filled with hatred, for good reason. But they’re being told 30 years after the battle, and so they may not be precisely accurate because the passage of time
Nevsun had argued over jurisdiction and appealed to have the human rights related case be moved to Eritrean courts because the Canadian courts do not have jurisdiction in a case involving a mine in Eritrea. However, “the B.C. Court of Appeal has upheld last year’s ruling by the B.C. Supreme Court that since Nevsun was a B.C. company, the province’s court had territorial jurisdiction.”
On the present case being addressed to the International Court of Justice in dealing with the matter of sovereignty over the Island of Manca, the issue of legality belonging to which side of the parties at dispute is put forward. The problem however, lies in, the period at which the dispute took place, for International law has not evolved at that time unlike in this day and age.
The district court’s decision to enter judgment in Plaintiff’s favor in accordance with CCG’s offer of complete relief was well-reasoned, consistent with existing Second Circuit and Supreme Court law, and consistent with this Court’s subsequent decisions in Tanasi and Bank v. Caribbean Cruise Line, Inc., 606 Fed. Appx. 30, 31 (2d Cir. 2015). Accordingly, the district court correctly held that upon entry of judgment in his favor, Plaintiff’s individual claim was moot.
In the Crucible the character Mr. Hale is known for being a well balanced and strong willed man when it comes to knowing the truth. He works to develop that people should not believe in a faith that only brings death in life. He symbolizes hope for the people that do not have any. Mr. Hale’s mentality, actions and conversation show that there is nothing more important than the truth. Miller uses Mr . Hale’s mentality, actions and conversations to influence how the other characters are thinking about their own faith.
Objections to the presumption state that this rule was against the autonomy of the will of States and capable of subjecting them to the tyranny of “perpetual” treaties. A well-known passage of the Lotus case states, “[t]he Rules of Law binding upon States therefore emanate from their own free will”. This implies that as States are not obliged to enter into treaty obligations they must also not be prevented from leaving them. Moreover, law constantly evolves overtime to consider social needs. It is modified through revisions and hence the revised version of the treaty might become opposed to the interests of a State. For instance, it was vital for Senegal to denounce the 1958 Geneva Conventions on territorial sea and fishing, because Senegal had realized that these conventions “profited the wealthier, the better equipped and not the under-developed, the poorer”. Hence, in such circumstances it was imperative for Senegal
One of the foundations of arbitration is that awards rendered are final and not subject to appeal before the courts. In this respect, Article 5 of the UNCITRAL Model Law provides for minimal intervention, and says, “In matters governed by this Law, no court shall intervene except where so provided in this Law“. As a result, the grounds upon which a court may set aside an award or refuse to recognize and enforce the same are limited. Article 34 of the Model Law and Article V of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards provide the restrictive grounds for such relief.
An absolutely terrible thing has happened today on mine and Daisy’s way back from a hotel today.
In his essay, Edgar Allan Poe describes the ideal poem or short story as having three main characteristics. Poetry and short stories should be written using three fundamental ideas length, method, and unity of effect. Poe uses his own work of poetry “The Raven” as an example of these three fundamental ideas.
Our planet is filled with different countries, who are developed or are developing. What determines whether these countries are developed or developing is the features within, such as health care, the economy, education, crime rate, etc. Developed nations do majority of the time take the trophy in those features. When it comes to the United States, a developed nation, and Haiti, a developing nation, the U.S. is more efficient is health care, economic structure and education than Haiti.
However, an arrest warrant issued in 2000 under this law against Mr. Abdoulaye Yerodia Ndombasi, the Minister of Foreign Affairs of the Democratic Republic of the Congo.