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United States v. Postal and Others

United States.  15 February 1979 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Sea — Jurisdiction — Unidentified pleasure craft — Reasonable suspicion that vessel of same nationality as Coast Guard — Right of Coast Guard to board to ascertain nationality — Right of approach — Geneva Convention on the Territorial Sea and Contiguous Zone, 1958 — Geneva Convention on the High Seas, 1958

Sea — High seas — Jurisdiction — Boarding of unidentified vessel on high seas after flight from territorial seas — Signal to stop given immediately prior to boarding — Whether circumstances giving rise to right of approach — Whether circumstances giving rise to right of hot pursuit — Geneva Convention on the High Seas, 1958

Treaties — Interpretation — Effect — Whether treaty self-executing — Matter for court’s determination — Effect of ratification — Treaty rights to jurisdiction over high seas narrower than those customarily exercised — Whether traditional exercise of jurisdiction proscribed by treaty — Geneva Convention on the High Seas, 1958

Treaties — Violation — Effect of treaty violation on jurisdiction of court over defendant — Foreign vessel boarded and seized on high seas — Identification of vessel conclusively determined prior to boarding — No evidence to support suspicion of illegal activity — Signal to stop given immediately before boarding — Boarding not justified under doctrine of hot pursuit — Geneva Convention on the High Seas, 1958 — Violation of treaty not depriving court of jurisdiction

Relationship of international law and municipal law — Effect of ratification of treaty — Whether restrictive language of treaty limiting permissible exercise of court’s jurisdiction to instances permitted by treaty only — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1993

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