public international law

June 28, 2018 | Author: Gaspy Asco | Category: Contraband, Blockade, Global Politics, Justice, Crime & Justice
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Contraband-Goods which, although neutral property, may be seized by a belligerent because they are useful for war and are bound for a hostile destination - Subject to condemnation. Kinds of Contraband Absolute Contraband -Contraband that are necessarily useful for war under all circumstances, like rifles and ammunition. -Subject to seizure so long as they are bound for enemy or enemy-held territory. Conditional Contraband -Contraband that have both civilian and military purposes like food and clothes. -may be seized only when it can be shown that they are destined for the armed forces or the authorities of the belligerent government. Free List Contraband -Contraband which include goods useful for war and bound for the belligerents but exempted from the law on contraband for humanitarian reasons, like medicines and medical supplies for the use of the sick and wounded. Doctrine of Ultimate Consumption -Goods intended for civilian use which may ultimately find their way to and be consumed by the belligerent forces are also liable to seizure on the way. Doctrine of Infection -The purpose is to shut off the place from international commerce and communication with other states. including those of neutral states. -Contraband are liable to capture from the time they leave the port in which they are loaded and until they reach their final hostile destination. Even if the vessel intends to stop at an intermediate neutral port it will still be considered as in one continuous voyage provided it can be shown that its cargo will ultimately be delivered to a hostile destination. Doctrine of Continuous Voyage -When goods are reloaded at the intermediate port on the same vessel Doctrine of Continuous Transport -When the goods are reloaded on another vessel or other form of transportation Blockade -It is a hostile operation by means of which the vessels and aircraft of one belligerent prevent all other vessels. from entering or leaving the ports or coasts of the other belligerent. Doctrine of Ultimate Destination -Under this doctrine the liability of the contraband to capture is determined not by their ostensible but their real destination.-Innocent goods that are shipped together with contrabands belonging to the same owner shall also be confiscated or shall also be condemned. Pacific Blockade applies only to the vessels of the blockaded state and does not affect the vessels of the other states . of a more hostile character than carriage of contraband or breach of blockade. 4.Requisites for a valid blockade 1. . 45. A blockade must be maintained by adequate force so as to make ingress to or egress from the port dangerous 3. 5. generally the head of the state. and so is the cargo unless it is proved that at the time it was shipped the owner neither knew nor could have known the intention to violate the blockade. Unneutral Service -Unneutral service consists of acts. Liability of neutral vessel for violation of blockade -A vessel found guilty of breach of blockaded is liable to condemnation. Established by the proper authorities of the belligerent government. or with a view to the transmission of intelligence in the interest of the enemy. A neutral vessel will be condemned and will. duly communicated to the neutral states 2. which are undertaken by merchant vessels of a neutral state in aid of any of the belligerents. It must be binding. Impartially applied to all states alike. Limited only to the territory of the enemy and not extended to neutral places or international rivers. receive the same treatment as a neutral vessel liable to condemnation for carriage of contraband: (1) If she is on a voyage especially undertaken with a view to the transport of individual passengers who are embodied in the armed forces of the enemy. Declaration of London Liability of Neutral Vessel for Unneutral Service Art. in a general way. Effective. All states will again be governed by the laws of peace. The neutral state will be governed by laws of war. in a general way. in the course of the voyage. 46. (3) if she is in the exclusive employment of the enemy Government. Termination of Neutrality 1. That the property is in the territory under the control or jurisdiction of the belligerent . directly assist the operations of the enemy. use or destroy. upon payment of just compensation. (4) if she is exclusively engaged at the time either in the transport of enemy troops or in the transmission of intelligence in the interest of the enemy. . the charterer. (2) if she is under the orders or control of an agent placed on board by the enemy Government. Upon the conclusion of peace. or one or more persons who. A neutral vessel will be condemned and. to the knowledge of either the owner. Requisites for the exercise of right of angary: 1. neutral property found in its territory. receive the same treatment as would be applicable to her if she were an enemy merchant vessel: (1) if she takes a direct part in the hostilities. she is transporting a military detachment of the enemy. seize. or on the high seas. goods belonging to the owner of the vessel are likewise liable to condemnation. goods belonging to the owner of the vessel are likewise liable to condemnation. 2. In the cases specified under the above heads. in enemy territory. Art. 3. When the neutral state itself joins the war. in case of urgent necessity for purposes of offenses or defense. In the cases covered by the present Article. Right of Angary -A belligerent may. Just compensation is paid to the owner.(2) If. 2. or the master. That there is urgent necessity for the taking. Asco Jr Right of Existence and Self Defense Questions 1. Attack must be against a member of the UN c. a. It is the use of armed force by a State against the sovereignty. a. Armed-attack d. Power Balance 3. Legation 2. a. territorial integrity. Armed attack b. There must be a meeting of an armed attack . or political independence of another state. The following are requisites of Right to Self-defense except. One reason for the organization of regional arrangement is to provide. Balance of Power b. Self-defense b. New Balance c.Gaspar P. New Order d. Aggression c. d. The security council must not have acted yet 4. Negotiation . Change of the instrument of ratification 2. Asco Jr Treaties Questions 1. If an armed attack is not against a UN member. Negotiation c. does the right of self-defense still exist? a. Undertaken directly by the head of states but usually assigns this task to his authorized representative a. No Gaspar P. Signature d. Ratification b. Yes b. It is the formal act by which a state confirms and accepts the provisions of a treaty concluded by its representative a. negotiation to a third party state . Reservation 3. Signature 4. diplomatic negotiations b. A treaty is ordinarily signed in accordance with a. Alternator b. signing of the treaty by the representatives d.b. Alternat c. a. ratification of the treaty by the constitutional organs of the respective States c. Accession 5. A third state may be allowed to signed into treaty without participating in the negotiation by. The following are steps in treaty making except. Ratification c. Signature d. Succession b. Alteration d. a. Third party signatories c. Asco Jr Neutrality Questions 1. this is also known as. Illegal object b. Contraband d. Innocent goods that are shipped together with contrabands belonging to the same owner shall also be confiscated or shall also be condemned. Neutrality is terminated when: 1. Smuggled object c. although neutral property. a. Doctrine of Continuous Transport c. Doctrine of Continuous Transport c. Doctrine of Infection b. Undocumented Object 4. this is also known as. a. . may be seized by a belligerent because they are useful for war and are bound for a hostile destination. Doctrine of Continuous Voyage b. When the neutral state joins the war. a. Doctrine of Ultimate Consumption 3. Doctrine of Ultimate Destination d. Goods which.Gaspar P. Doctrine of Ultimate Consumption 2. When goods are reloaded at the intermediate port on the same vessel. Doctrine of Ultimate Destination d. 3. a. of more hostile character than carriage of contraband. which are undertaken by merchant vessels of a neutral state in aid of any of the belligerents. Extra service c. 2 only c. Upon conclusion of peace. 1 only b. Neutral service b. 1 and 2 only d. Unneutral Service d. 3 only 5 Service which consists of acts. Upon formation of another state a. Self Service Report in Public International Law .2. Romeo Dela Cruz . Asco Jr Kharen O.Chapter 18 Submitted by: Gaspar P. Aleta Submitted to: Atty.


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