The Law of the Sea applied to the Mar case - Research Paper Example

Comments (0) Cite this document
Summary
The case revolves around a situation where allegedly the Italian military guards shot and killed two Indian men supposing that they posed them a threat as pirates. Country between India and…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER98.7% of users find it useful
The Law of the Sea applied to the Mar case
Read TextPreview

Extract of sample "The Law of the Sea applied to the Mar case"

Download file to see previous pages rgument that the vessels were in their territorial waters when the incident occurred, Italy on the other hand argues the vessels were in the high seas. There is therefore a deadlock on how international law should be applied in this case.
It is worth noting the fact that the two countries are parties to the United Nations Convention to the Law of the Sea (UNCLOS). This law is found to codify much on modern international law that is presumed to cover most of the aspects that create a dispute between the two countries. This convention is therefore of use when determining the aspects like that of which country should have jurisdiction over this case. For example, article 111 of the convention gives a mention of all the conditions under which it is prudent for a given country to stop a vessel from another country while on the high seas (Chaturvedi).
According to this jurisdiction, India may be found to possess jurisdiction over the case but the argument is that the two marines enjoy what is called functional immunity. There is therefore a likelihood of a conflict between Marò Case and the convention. The facts Of the case are that on the specified date the ship carrying the Italians and was on its way to Djibouti from Singapore was approached by a vessel off the coast of Kerala India. This ship was flying an Italian flag and had in it six Italian marines and according to the Italian government, these men wearing the Italian uniform are mandated with the task of protecting vessels with the Italian flag from any form of Pirate attacks while at sea. With this spirit, it is noted that the Italian vessels demanded for identification of the vessels, which was approaching them (Anand p.g. 250). In addition, they demanded that it leaves its path.
The Italians further argument is that they fired at the approaching vessels as an intimidation tactic and they claim to have made the shots in water. This means that the shots were not directed to anyone specific and that no one ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The Law of the Sea applied to the Mar case Research Paper - 1”, n.d.)
The Law of the Sea applied to the Mar case Research Paper - 1. Retrieved from https://studentshare.org/history/1633875-the-law-of-the-sea-applied-to-the-mar-case
(The Law of the Sea Applied to the Mar Case Research Paper - 1)
The Law of the Sea Applied to the Mar Case Research Paper - 1. https://studentshare.org/history/1633875-the-law-of-the-sea-applied-to-the-mar-case.
“The Law of the Sea Applied to the Mar Case Research Paper - 1”, n.d. https://studentshare.org/history/1633875-the-law-of-the-sea-applied-to-the-mar-case.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The Law of the Sea applied to the Mar case

International Law Of The Sea

...?Critically assess the role of regional fisheries management organisations in the conservation and management of fish stocks that straddle the exclusive economic zone and high seas and highly migratory fish stocks? The regional fisheries management organisations related to ocean bodies have been actively pursuing the conservation and management of fish stock straddling the exclusive economic zone and high seas as well as highly migratory fish stocks. The same has been the objective of United States Fish Stock Agreement. Under the United Nations Convention on the Law of the Sea (UNCLOS), the Agreement came into effect on 4 August 1995 for the conservation and management of...
20 Pages(5000 words)Essay

Case study (Applied Pharmacology)

...depression and arrest, sedation, unconsciousness, and coma (National Institute on Drug Abuse [NIDA], n.d.). Apart from the dangers of the cutting agents mixed with the drug, heroin sold in the market was found out to be as pure as 40% from its typical purity of 17% to 20% (Sober Living by the Sea [SLS], 2010). Users who are unaware of the increased concentration may take the same amount of their usual dose, which had less than 40% of pure heroin and can easily overdose (SLS, 2010). Poly-drug use is an increasing trend among addicts. They do this to potentiate the effects of another drug, to counteract the effects of another drug, to be on the latest trend, and to use it as a replacement for their drug of choice, which is...
5 Pages(1250 words)Essay

Law of the Sea

...and thus consider safety measures accordingly. A State has the provision of reporting to the flag State in case any irresponsibility or lack of proper control is observed by the State in relation to the ship flying its flag12. In case of any casualty or incident in navigation leading to loss of lives or in cases of serious injuries to individuals associated with the ship or serious damages caused to the ship, inquiry by qualified persons may be held by the States in charge of the ship where such incidents occur, and the flag State as well as the other State involved are supposed to support the conduct of such inquiry13. UN Convention on the Law of the...
8 Pages(2000 words)Essay

Law of the Sea

...QUESTION 2: LAW OF SEA CONVENTION 1992 Introduction: The legal aspects that need to be scrutinized in this case is whether A is at liberty to prolong the detention of the ship Anna and its crew members and to demand a Bond or financial security of an alleged unreasonable sum of US $ 80,000,000 for their release . The alleged transgressions indulged by vessel of State B that need to be addressed to: 1. The alleged illegal fishing indulged in by State B within the 200 nautical miles distance of the Exclusive Economic Zone (EEZ) of State A in direct contravention of territorial jurisdiction of State A. 2. Alleged collection of subsoil samples around the coastal areas of State A without the...
8 Pages(2000 words)Case Study

International law : Law of the sea

...territorial waters from intruders who hold the potential of getting too close to a nation's coast and compromising its security. The decision of State A to enforce its rights as a sovereign nation is, however, contingent upon several factors. In the case of the patrolling vessel, the vessel was clearly identified and State A is fully aware that this is a vessel belong to the armed forces of State B. In this case, the law of "innocent passage" does apply. Article 19 of the United Nations Convention on the Law of the Sea defines "innocent passage" as passage that "is not prejudicial to the peace, good order or security of the coastal...
6 Pages(1500 words)Essay

EMAR/BC-MAR

...information (Pathways, 2002). This concerns what it entails coupled with alterations that will emanate from its implementation. Institution’s personnel need to poses adequate information and training regarding how it works. Mainly, this emanates from the installing organization that will act as consultant constantly if the system develops malfunctions (Paoletti et al, 2007). Depending on its complexity, EMAR/BC-MAR has immense challenge to the medical personnel, since many will not be able to understand how to apply it. This mainly takes long and it encompasses lay-off of some employees since the incoming knowhow has taken over their place. Though this may be an advantage, in the future in...
2 Pages(500 words)Essay

Applied Law

...in digital forms while compromising the right of writers, artists and musicians. It is challenging to attain the rights of both the public and that of writers and musicians in the debate on whether to allow fair use of copyright materials. To protecting the rights of writers and artists, production of copyrighted materials should be subject to constitutional protection. This includes constitutional protections as that of the copyright clause. The first amendment should apply in an effort to protect writers and artists’ rights. The law should protect encryption codes that are important in ensuring access to materials protected under the copyright act. It is a protection of the rights of writers and...
1 Pages(250 words)Essay

Applied Law

...Applied Law Applied Law Gerard’s Scenario The promise by Gerard cannot be termed as enforceable due to the lack of consideration. There must be sufficient consideration, which supports the agreement between the two parties. With sufficient consideration, the contract and the terms of agreement in the contract become enforceable. A contract becomes enforceable when it involves some exchange of value between the parties involved in the contract. Therefore, if there lacks any exchange of values between the parties to contract, the enforceability of the contract becomes a challenge. In the case of Gerard and Kids Care, there is past consideration. This means...
1 Pages(250 words)Essay

Applied Law

...Applied Law: Virtual Space of Applied Law: Virtual Space Starting a business in virtual space is easier than in real space. It is stress-free, cheaper to set-up and operate, and easier to manage. It is less expensive to start the business in virtual space as it saves the set-up costs which may include location, machinery, and the overheads cost such as heating, lighting or electricity (Wilson, 2003). However, there are some additional rules and laws that apply to the virtual businesses due to their non-material nature and because the goods or services have to be "shipped". The laws and regulations differ from country to...
1 Pages(250 words)Essay

MAR Income Statement

... economic growth and development of a state. Reference A, M. (2015). MARRIOTT INTERNATIONAL -CL A (MAR NASDAQ GS): Financial Statements - Businessweek. Businessweek.com. Retrieved 10 April 2015, from http://www.bloomberg.com/research/stocks/financials/financials.asp?ticker=MAR Finance.yahoo.com, (2015). MAR Income Statement | Marriott International - Class Stock - Yahoo! Finance. Retrieved 10 April 2015, from http://finance.yahoo.com/q/is?s=MAR Hartman, L., & Werhane, P. (2014). The global corporation. New York: Routledge. Securities and Exchange Commission, www. Secgov... Marriott International Incorporation is a properly established hospitality firm originally from America that manages and franchise a great selection of hotels and...
3 Pages(750 words)Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Paper on topic The Law of the Sea applied to the Mar case for FREE!

Contact Us