Maritime Law Final Exam Essay

1.For the past two decades, a bout of issues leave surfaced on the supranational scene regarding successive ruthless dictatorships which earn been committing egregious and widespread violations of international human rights and humanitarian law in over 60 states. In light of the United Nations Charter and the aims of that international body, it has been suggested to the Legal Committee of the International Maritime Organization to bring most a new convention addressing human rights and accountability for such crimes attached by states and their regimes. It is expected that states will sign and ratify the newly introduced convention to be entitled International Human Rights Convention.You are the government official United Nations Representative for the state, Genocidia. The professorship of Genocidia has been recently inaugurated and is not experienced in the member of confirmation of conventions. In fact, Genocidia had only ratified 4 conventions, these universe since yo u were appointed to your present post. You have received a letter from thePresident of your state requesting that you prepare a detailed presentation on the ratification process and present this at a meeting to be held attached week. The other Ministers of State will be in attendance.You are in addition asked to prepare a written version of your presentation explaining the entire process from the point that the suggestion is made to the committee to point where the convention comes into fury explaining the differences between the steps and what each action signifies, such as key signature as opposed to ratification. Prepare the written version of your presentation. (15 marks)2.One of the vessels under your care has sailed from South America to the United States. Four days after navigation a stowaway is found hiding in one of the lifeboats. Discuss decennium actions you would instruct the cross to take pursual the discovery of the stowaway. (15 marks)3.In the case of R. v. urban center of Sault Saint Marie 197840 Can. Crim. Cas. (2d) 353 (S.C.C.), Dickson J. of the Supreme Court of Canada held at page 363 that Public welfare offences lie in a field of conflicting values. It is essential for ordering to maintain, with effective enforcement, high standards of public health and safety. Potential victims of latently insalubrious activities have a strong claim to consideration. On the other hand, there is a generally held revulsion against punishment of the morally innocent.Discuss the preceding(prenominal) statement using the relevant international laws currently in dapple to advise on the issues that may arise in relation to the image of an offence under national legislation giving effect to the following provision in Regulation 3 of MARPOL73/78, Annex I polity 3General ExceptionsRegulations of this Annex shall not apply to(a) any waiver necessary for the purpose of securing the safety of a ship or saving(a) life at ocean or (b) any outpour ing resulting from alter to a shipor its equipment ( i ) provided that all reasonable precautions have been taken after the occurrence of the cost or discovery of the emission for the purpose of preventing or minimizing the emission and (ii) except if the owner or the master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result. (15 marks)4.The strait of Polipa, bordered by the State of Andonia, is one of the military personnels busiest straits used for international navigation. To get to their fishing grounds, distant-water fishing vessels flagged in the State of Bellotia have to pass through the territorial ocean and exclusive economic zone of Andonia and the archipelagic waters of the land of Calcali. Moreover, a neighbour of Andonia, the State of Dordora, which is a landlocked State, transports hazardous waste from its dominion to reprocessing plants in the solid ground of Epitam by ships flagged in the State of Flito na.These ships pass through the exclusive economic zones of Andonia and Calcali. As a result of such wicked activity through the strait, pirates have started operating in the region. You should note that Andonia, Bellotia, the res publica of Calcali, and the Kingdom of Epitam are States Parties to the 1982 United Nations Convention on the Law of the Sea. Dordora and Flitona are not Parties to the Convention. Please note that the words ships and vessels are synonymous.Please firmness of purpose the following questions1.What are the rights and duties of Bellotia to ensure that its fishing vessels can knead freedom of fishing, and their rights of innocent passage and transit passage?2.What are the rights and duties of Andonia, the Republic of Calcali, Dordora, and the Kingdom of Epitam to ensure that the vessels of Flitona can exercise their freedom of navigation, and their rights of archipelagic sea lane passage and transit passage?3.What are the rights and duties of Andonia, the Republic of Calcali and the Kingdom of Epitam to protect themselves from the risks of pollution from thevessels? (15 marks)END OF PAPER