1. For the past two decennaries. a figure of issues have surfaced on the international scene sing consecutive ruthless absolutisms which have been perpetrating crying and widespread misdemeanors of international human rights and human-centered jurisprudence in over 60 provinces. In visible radiation of the United Nations Charter and the purposes of that international organic structure. it has been suggested to the Legal Committee of the International Maritime Organization to convey about a new convention turn toing human rights and answerability for such offenses committed by provinces and their governments. It is expected that provinces will subscribe and sign the freshly introduced convention to be entitled International Human Rights Convention.
You are the authorities appointed United Nations Representative for the province. Genocidia. The President of Genocidia has been late inaugurated and is non experienced in the procedure of confirmation of conventions. In fact. Genocidia had merely sanctioned 4 conventions. these being since you were appointed to your present station. You have received a missive from the
President of your province requesting that you prepare a elaborate presentation on the confirmation procedure and nowadays this at a meeting to be held following hebdomad. The other Curates of State will be in attending.
You are besides asked to fix a written version of your presentation explicating the full procedure from the point that the suggestion is made to the commission to indicate where the convention comes into force ; explicating the differences between the stairss and what each action signifies. such as signature as opposed to confirmation. Fix the written version of your presentation. ( 15 Markss )
2. One of the vass under your direction has sailed from South America to the United States. Four yearss after sailing a stowaway is found concealing in one of the lifeboats. Discuss TEN actions you would teach the maestro to take following the find of the stowaway. ( 15 Markss )
3. In the instance 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 public assistance offenses … prevarication in a field of conflicting values. It is indispensable for society to keep. through effectual enforcement. high criterions of public wellness and safety. Potential victims of latently baneful activities have a strong claim to consideration. On the other manus. there is a by and large held repugnance against penalty of the morally guiltless. ”
Discuss the above statement utilizing the relevant international Torahs presently in topographic point to rede on the issues that may originate in relation to the word picture of an offense under national statute law giving consequence to the undermentioned proviso in Regulation 3 of MARPOL73/78. Annex I: “REGULATION 3
Regulations of this Annex shall non use to:
( a ) any emanation necessary for the intent of procuring the safety of a ship or salvaging life at sea ; or ( B ) any emanation ensuing from harm to a ship
or its equipment: ( I ) provided that all sensible safeguards have been taken after the happening of the harm or find of the emanation for the intent of forestalling or minimising the emanation ; and ( two ) except if the proprietor or the maestro acted either with purpose to do harm. or recklessly and with cognition that harm would likely ensue. ” ( 15 Markss )
4. ”The sound of Polipa. bordered by the State of Andonia. is one of the world’s busiest passs used for international pilotage. To acquire to their fishing evidences. distant-water fishing vass flagged in the State of Bellotia have to go through through the territorial sea and sole economic zone of Andonia and the archipelagic Waterss of the Republic of Calcali. Furthermore. a neighbor of Andonia. the State of Dordora. which is a landlocked State. conveyances risky waste from its district to recycling workss in the Kingdom of Epitam by ships flagged in the State of Flitona.
These ships pass through the sole economic zones of Andonia and Calcali. As a consequence of such intense activity through the sound. plagiarists have started operating in the part. You should observe 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 non Parties to the Convention. Please note that the words “ships” and “vessels” are synonymous.
Please answer the undermentioned inquiries:
1. What are the rights and responsibilities of Bellotia to guarantee that it’s fishing vass can exert freedom of fishing. and their rights of guiltless transition and theodolite transition?
2. What are the rights and responsibilities of Andonia. the Republic of Calcali. Dordora. and the Kingdom of Epitam to guarantee that the vass of Flitona can exert their freedom of pilotage. and their rights of archipelagic sea lane transition and theodolite transition?
3. What are the rights and responsibilities of Andonia. the Republic of Calcali and the Kingdom of Epitam to protect themselves from the hazards of pollution from the
vass? ( 15 Markss )
End OF PAPER