Reference no: EM133683896
Part 1
What does jurisdiction mean within a maritime context? Focus your discussion of jurisdiction of US vessels on the high seas relative to the terms mentioned in the Law of the Seas Treaty: the right of visit, hot pursuit, constructive presence, and consent of the flag state.
In what maritime zones and under what circumstances could a United States (US) vessel be legally boarded by a foreign warship? Be sure to address each all of these jurisdictional zones:
Internal waters
Territorial Sea
Contiguous Zone
Exclusive Economic Zone
High Seas
Illustrate your answers by giving a detailed analysis of a specific example (e.g., the boarding of a US military vessel by a foreign power in the Strait of Hormuz).
Your example may be historical or fictional.
Either way, please provide plenty of details so that a rich discussion in Part 2 can develop.
Part 2
If, within the context of the example that you provided in Part 1, you were assigned to that ship's on board legal office when its captain was notified by a foreign state of its intent to board, what legal issues and questions would you want to know?
Why?
How might the use of different languages complicate the interchange between the captain and the foreign official who announced the intent to board?
Upon what legal or non-legal academic theories, laws, or methods does your approach to finding answers to your questions rely?
From what other sections of that ship's staff (e.g., navigation, operations, security, etc.) would you want to gather information to help resolve the legal issues that you have identified? Why?
How does researching in multiple relevant fields help to develop a broader understanding?
Based on what you have learned about maritime law and some of other allied fields that affect it, what is the best approach for resolving similar issues in the future?
How can learning the answers to your questions help the ship's captain to better understand what to do under the circumstances provided in your Part 1 example?
Through participating in this discussion, what have you learned how to approach these kinds of issues?
Would the process differ if your ship was a merchant marine vessel rather than one belonging to the US Navy? If so, how and why?