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Maritime Law Final Exam Essay

1.For the past two decades, a number of issues have surfaced on the international scene regarding successive ruthless dictatorships which have 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 about a new convention addressing human rights and accountability for such crimes committed 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 appointed United Nations Representative for the state, Genocidia. The President of Genocidia has been recently inaugurated and is not experienced in the process of ratification of conventions. In fact, Genocidia had only ratified 4 conventions, these being since you were appointed to your present post. You have received a letter from the
President of your state requesting that you prepare a detailed presentation on the ratification process and present this at a meeting to be held next week. The other Ministers of State will be in attendance.

You are also 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 force; explaining the differences between the steps and what each action signifies, such as signature as opposed to ratification. Prepare the written version of your presentation. (15 marks)

2.One of the vessels under your management has sailed from South America to the United States. Four days after sailing a stowaway is found hiding in one of the lifeboats. Discuss TEN actions you would instruct the master to take following the discovery of the stowaway. (15 marks)

3.In the case of R. v. City of Sault Saint Marie [1978]40 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 society to maintain, through effective enforcement, high standards of public health and safety. Potential victims of latently pernicious 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 above statement using the relevant international laws currently in place to advise on the issues that may arise in relation to the characterization of an offence under national legislation giving effect to the following provision in Regulation 3 of MARPOL73/78, Annex I: “REGULATION 3

General Exceptions
Regulations of this Annex shall not apply to:
(a) any emission necessary for the purpose of securing the safety of a ship or saving life at sea; or (b) any emission resulting from damage to a ship
or its equipment: ( i ) provided that all reasonable precautions have been taken after the occurrence of the damage 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 world’s 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 sea and exclusive economic zone of Andonia and the archipelagic waters of the Republic of Calcali. Moreover, a neighbour of Andonia, the State of Dordora, which is a landlocked State, transports hazardous waste from its territory to reprocessing plants in the Kingdom of Epitam by ships flagged in the State of Flitona.

These ships pass through the exclusive economic zones of Andonia and Calcali. As a result of such intense activity through the strait, pirates have started operating in the region. You should note that Andonia, Bellotia, the Republic 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 answer the following questions:

1.What are the rights and duties of Bellotia to ensure that it’s fishing vessels can exercise 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 the
vessels? (15 marks)


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