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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

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?

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