International Piracy Law
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International Piracy Law
International piracy law is international law that is meant to protect against piracy. Throughout history and Precedent, legal precedents, pirates have been defined as ''hostis humani generis,'' Latin for "the enemy of all mankind". The United Nations has codified much of the law in the United Nations Convention on the Law of the Sea (UNCLOS), which defines different types of piracy and ways to combat it. Piracy threatens maritime security and the legitimate uses of the seas for peaceful purposes and the freedom of navigation (freedom of the seas, ''Mare Liberum''). All ships and countries are free to trade and navigate the oceans, a right which is threatened by piracy. A 2008 report by the International Maritime Organization found 4,821 incidents of Piracy in the 21st century, modern piracy and maritime armed robbery in the period 1984 to 2008. In these incidents, 6 crew were killed, 42 assaulted, 774 held hostage and 38 crew are unaccounted for. Piracy law as codified in UNCLOS ...
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International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mutua ...
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Ratification
Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act. In the case of bilateral treaties, ratification is usually accomplished by exchanging the requisite instruments, and in the case of multilateral treaties, the usual procedure is for the depositary to collect the ratifications of all states, keeping all parties informed of the situation. The institution of ratification grants states the necessary time-frame to seek the required approval for the treaty on the domestic level and to enact the necessary legislation to give domestic effect to that treaty. The term applies to private contract law, international treaties, and constitutions in federal states such as the United States and Canada. The term is also used in parliamentary procedure in deliberati ...
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Robbery
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault. Precise definitions of the offence may vary between jurisdictions. Robbery is differentiated from other forms of theft (such as burglary, shoplifting, pickpocketing, or car theft) by its inherently violent nature (a violent crime); whereas many lesser forms of theft are punished as misdemeanors, robbery is always a felony in jurisdictions that distinguish between the two. Under English law, most forms of theft are triable either way, whereas robbery is triable only on indictment. The word "rob" came via French from Late Latin words (e.g., ''deraubare'') of Germanic origin, from Common Germanic ''raub'' "theft". Among the types ...
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Territorial Waters
The term territorial waters is sometimes used informally to refer to any area of water over which a sovereign state has jurisdiction, including internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, and potentially the extended continental shelf. In a narrower sense, the term is used as a synonym for the territorial sea. Baseline Normally, the baseline from which the territorial sea is measured is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal state. This is either the low-water mark closest to the shore, or alternatively it may be an unlimited distance from permanently exposed land, provided that some portion of elevations exposed at low tide but covered at high tide (like mud flats) is within of permanently exposed land. Straight baselines can alternatively be defined connecting fringing islands along a coast, across the mouths of rivers, or with certain restrictions across the mou ...
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Territorial Waters
The term territorial waters is sometimes used informally to refer to any area of water over which a sovereign state has jurisdiction, including internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, and potentially the extended continental shelf. In a narrower sense, the term is used as a synonym for the territorial sea. Baseline Normally, the baseline from which the territorial sea is measured is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal state. This is either the low-water mark closest to the shore, or alternatively it may be an unlimited distance from permanently exposed land, provided that some portion of elevations exposed at low tide but covered at high tide (like mud flats) is within of permanently exposed land. Straight baselines can alternatively be defined connecting fringing islands along a coast, across the mouths of rivers, or with certain restrictions across the mou ...
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League Of Nations Codification Conference, 1930
The League of Nations Codification Conference was held in The Hague from 13 March to 12 April 1930, for the purpose of formulating accepted rules in international law to subjects that until then were not addressed thoroughly. The conference's main achievement was the conclusion of the first international convention on the conflict of nationality laws. Background On 22 September 1924 the General Assembly of the League of Nations passed a resolution providing for the establishment of a 17-member committee for formulating a comprehensive system of international law on all outstanding issues. The committee's work led to the convening of the conference in 1930. Work done by the conference The conference dealt eventually with three main issues on its agenda: * Nationality laws of various states. * Territorial waters. * Responsibility of states for damage done in their territory to the person or property of foreigners. Due to disagreements on most issues on the agenda, only the Conventi ...
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Universal Jurisdiction
Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, country of residence, or any other relation to the prosecuting entity. Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage. The concept of universal jurisdiction is therefore closely linked to the idea that some international norms are '' erga omnes'', or owed to the entire world community, as well as to the concept of ''jus cogens'' – that certain international law obligations are binding on all states. According to Amnesty International, a proponent of universal jurisdiction, certain crimes pose so serious a threat to the international community as a whole that states have a logical and moral duty to prosecute an individual responsible; therefore, no plac ...
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International Court Of Justice
The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordance with international law and gives advisory opinions on international legal issues. The ICJ is the only international court that adjudicates general disputes between countries, with its rulings and opinions serving as primary sources of international law. The ICJ is the successor of the Permanent Court of International Justice (PCIJ), which was established in 1920 by the League of Nations. After the Second World War, both the league and the PCIJ were replaced by the United Nations and ICJ, respectively. The Statute of the ICJ, which sets forth its purpose and structure, draws heavily from that of its predecessor, whose decisions remain valid. All member states of the UN are party to the ICJ Statute and may initiate contentious cases; ho ...
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League Of Nations
The League of Nations (french: link=no, Société des Nations ) was the first worldwide intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by the Paris Peace Conference that ended the First World War. The main organization ceased operations on 20 April 1946 but many of its components were relocated into the new United Nations. The League's primary goals were stated in its Covenant. They included preventing wars through collective security and disarmament and settling international disputes through negotiation and arbitration. Its other concerns included labour conditions, just treatment of native inhabitants, human and drug trafficking, the arms trade, global health, prisoners of war, and protection of minorities in Europe. The Covenant of the League of Nations was signed on 28 June 1919 as Part I of the Treaty of Versailles, and it became effective together with the rest of the Treaty on 10 January 1920. T ...
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Permanent Court Of International Justice
The Permanent Court of International Justice, often called the World Court, existed from 1922 to 1946. It was an international court attached to the League of Nations. Created in 1920 (although the idea of an international court was several centuries old), the Court was initially well-received from states and academics alike, with many cases submitted to it for its first decade of operation. Between 1922 and 1940 the Court heard a total of 29 cases and delivered 27 separate advisory opinions. With the heightened international tension in the 1930s, the Court became less used. By a resolution from the League of Nations on 18 April 1946, both the Court and the League ceased to exist and were replaced by the International Court of Justice and the United Nations. The Court's mandatory jurisdiction came from three sources: the Optional Clause of the League of Nations, general international conventions and special bipartite international treaties. Cases could also be submitted directl ...
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Lotus Case
The ''Lotus'' case concerns a criminal trial which was the result of the 2 August 1926 collision between the S.S. ''Lotus'', a French steamer, and the S.S. ''Bozkourt'', a Turkish steamer, in a region just north of Mytilene (Greece). As a result of the accident, eight Turkish nationals aboard the ''Bozkourt'' drowned when the vessel was torn apart by the ''Lotus''. Background On 7 September 1927, the case was presented before the Permanent Court of International Justice, the judicial branch of the League of Nations, the predecessor of the United Nations. The issue at stake was Turkey's jurisdiction to try Monsieur Demons, the French lieutenant on watch duty at the time of the collision. Since the collision occurred on the high seas, France claimed that the state whose flag the vessel flew had exclusive jurisdiction over the matter. France proffered case law, through which it attempted to show at least state practice in support of its position. However, those cases involved ship ...
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