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Titill

Exercise of Extraterritorial Jurisdiction : does the United Nations Convention on the Law of the Sea Violate Ius Cogens by Denying to Grant Erga Omnes Jurisdiction over Slavers on the High Seas

Útdráttur

According to teachings in International law there are rules that prevail over all other law, including treaties. These laws have been refered to in International case law as well as writings of renounced scholars. These rules have been codified by the Vienna Convention on the Law of Treaties. These rules are known as ius cogens and when they are violated they entail erga omnes jurisdiction preventing that the perpatrators have a safe haven anywhere in the world. Rules that are regarded to be ius cogens are usually believed to be for an example prohibition of acts of aggression, and of torture, slavery and piracy. Erga omnes still exist although an international criminal court has been established, but many say it ceased to exist after the establishment of the International Criminal Court, but since the International Criminal Court is not only based on other basis but also has its shortcomings the Erga omnes rule is still in full action.
This thesis will not only argue that these rules exist and prevail treaties, but it will also argue that it goes against a provision of a well established international treaty, the United Nations Convention on the Law of the Sea. But article 99 allows ships to intercept vessels on the high seas suspected of being used to transport slaves. If the suspicion proofs correct the visiting ship is (according to the before mentioned convention) not authorised to arrest and try the perpetrators, although they are in the best position to do so (best access to evidence and witnesses). The visiting ship has also according to the before mentioned ius cogens and erga omnes rules a duty to arrest them and try, or if not try, then extradite them to a state willing to do so.

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Birting
24.6.2009


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abstract_fixed.pdf30,9KBOpinn "Exercise of Extraterritorial Jurisdiction: Does the United Nations Convention on the Law of the Sea Violate Ius Cogens by Denying to Grant Erga Omnes Jurisdiction over Slavers on the High Seas"-útdráttur PDF Skoða/Opna
efnisyfirlit_fixed.pdf26,6KBOpinn "Exercise of Extraterritorial Jurisdiction: Does the United Nations Convention on the Law of the Sea Violate Ius Cogens by Denying to Grant Erga Omnes Jurisdiction over Slavers on the High Seas"-Efnisyfirlit PDF Skoða/Opna
heimildaskra_fixed.pdf56,5KBOpinn "Exercise of Extraterritorial Jurisdiction: Does the United Nations Convention on the Law of the Sea Violate Ius Cogens by Denying to Grant Erga Omnes Jurisdiction over Slavers on the High Seas"-Heimildaskrá PDF Skoða/Opna
lokaverkefni_fixed.pdf368KBLokaður "Exercise of Extraterritorial Jurisdiction: Does the United Nations Convention on the Law of the Sea Violate Ius Cogens by Denying to Grant Erga Omnes Jurisdiction over Slavers on the High Seas"-heild PDF