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.
Nobody downloaded yet

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

Comments (0)
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 paper
GRAB THE BEST PAPER
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
Comments (0)
Click to create a comment
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
Legal Case of the Caspian Sea
What complicates this even further is that the sea has an uneven distribution of precious resources – the parts of the sea abutting Turkmenistan, Kazakhstan and Azerbaijan are rich in mineral deposits. The parts of the sea abutting Iran and Russia are not.
15 Pages(3750 words)Research Paper
Organisation law case study
They also undertook an expansion of business to Alaska without a proper assessment of the legal and financial issues involved. The purchase price for the equipment was twice as high in comparison with the original price they were paying to the former supplier.
10 Pages(2500 words)Research Paper
APPLIED PROJECT
The paper begins by giving a description of HSA followed by an analysis of the topic. The paper then outlines and explains the economic forces that impact on the topic positively and negatively. An explanation of the topic from an economic perspective is also given and finally, the limitations, assumptions and recommendations from which the constructor could act.
10 Pages(2500 words)Research Paper
Dog Bite Law - The Diane Whipple Case
Bloody handprints extended 4 feet up the walls and 30 feet up and down the hallway. Small bits of clothing were scattered about the floor and a nylon dog leash was nearby. The officers were told of a large dog running loose, which caused them to draw their guns.
4 Pages(1000 words)Research Paper
Law Case Study about Charity
Otherwise it will be deemed an ordinary trust and may fail for certainty of objects.1 The trustees are instructed to use the shares allocated to this part of the trust for the purpose of providing hot meals to Darwin’s homeless in the evening. The question is therefore whether such a gift is charitable.
7 Pages(1750 words)Research Paper
Theresa Schiavo Law Case Study
In the midst of media saturation and higher public interest, large amount of confusion hang back about the diagnosis of unrelenting vegetative state of the case, and the judicial process and ethical framework related to Terri’s care. Several issues are associated with the Terri Schiavo case, such as ethical, psychological, medical, religious, legal, and philosophical.
3 Pages(750 words)Research Paper
Wide Sargasso Sea
Name Instructor Course Date Wide Sargasso Sea Antoinette who is based on the madwoman in Jane Eyre written by Charlotte Bronte, she is brought up in Jamaica during the post-emancipation period. She leads a life of solitude because her family was experiencing hard times as a result of the threat from the freed slaves and their rejection from the whites in Jamaica.
5 Pages(1250 words)Research Paper
Sea Level Rise Crisis
There are many reasons which are associated with the changes in the climate condition, some of which are associated with the natural internal processes, whereas some of the changes are related to the significant anthropogenic variation in the atmosphere’s composition or the land usage.
5 Pages(1250 words)Research Paper
SEMESTER AT SEA
The author of the study will highlight the features and benefits of the SAS programs. The study will also highlight its effectiveness especially to the students studying Humanities, Social science and Environment. Finally, the study will also give an insight as to how the Semester At Sea program will help in imparting theoretical and practical knowledge to the students.
6 Pages(1500 words)Research Paper
Business Law Case Written Work
Incapacity implies the inability of acquiring legal rights or incurring legal liability (Mallor, 2004). There are three incapacity doctrines: the infancy, intoxicated persons, and mentally impaired persons. Misrepresentation occurs when one has made an untrue assertion of
2 Pages(500 words)Research Paper
Let us find you another Research Paper on topic The Law of the Sea applied to the Mar case for FREE!
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us