jab2 Posted January 13, 2010 Report Posted January 13, 2010 We were having a discussion about the Japanese whaling fleet and the buzz of tree hugger boats surrounding them. So I was wondering if one would commit a crime on the high seas, in other words outside territorial waters of any country, how is this crime dealt with? Who does the apprehension part and who tries the case? I assume that a crime where the victim and the perpetrator are on the same ship, the process would be as if it was committed in the ship's flag country, but what if one would be on one ship and plug someone on another ship with a sniper rifle and the registered countries of the two ships are not really on speaking terms, so to speak? Are there any international laws that can force the country who's ship harbored the perpetrator to co-operate in an investigation? Not that I consider something like this, I do not own a sniper rifle. :beer: Quote
DFINITLYDISTRUBD Posted January 14, 2010 Report Posted January 14, 2010 We were having a discussion about the Japanese whaling fleet and the buzz of tree hugger boats surrounding them. So I was wondering if one would commit a crime on the high seas, in other words outside territorial waters of any country, how is this crime dealt with? Who does the apprehension part and who tries the case? I assume that a crime where the victim and the perpetrator are on the same ship, the process would be as if it was committed in the ship's flag country, but what if one would be on one ship and plug someone on another ship with a sniper rifle and the registered countries of the two ships are not really on speaking terms, so to speak? Are there any international laws that can force the country who's ship harbored the perpetrator to co-operate in an investigation? Not that I consider something like this, I do not own a sniper rifle. :naughty:Yet:hihi: Quote
Turtle Posted January 14, 2010 Report Posted January 14, 2010 i had a similar argument...erhm...discussion the other day. :naughty: some guy talked around here about maritime law getting around landlubber law or some such, but other than hearing the terms "admiralty law" & "maritime law" i got nothin'. :shrug: avast yee! :D Admiralty law - Wikipedia, the free encyclopedia JurisdictionArticle III, Section 2 of the United States Constitution grants original jurisdiction to U.S. federal courts over admiralty and maritime matters, however that jurisdiction is not exclusive and most maritime cases can be heard in either state or federal courts under the "saving to suitors" clause.[5] There are five types of cases which can only be brought in federal court: Limitation of Shipowner's Liability, Vessel Arrests in Rem, Property arrests Quasi in Rem, Salvage cases, and Petitory and Possession Actions. The common element of those cases are that they require the court to exercise jurisdiction over maritime property....Aside from those five types of cases, all other maritime cases, such as claims for personal injuries, cargo damage, collisions, maritime products liability, and recreational boating accidents may be brought in either federal or state court. From a tactical standpoint it is important to consider that in federal courts in the United States, there is generally no right to trial by jury in admiralty cases, although the Jones Act grants a jury trial to seamen suing their employers. Maritime law is governed by a uniform three year statute of limitations for personal injury and wrongful death cases. ... Quote
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