Question
The Republic of Tavern and the Democratic Republic of Pub had been engaged in armed conflict when a small fishing vessel was captured just outside
The Republic of Tavern and the Democratic Republic of Pub had been engaged in armed conflict when a small fishing vessel was captured just outside Pub's exclusive economic zone by a Pub warship and kept in custody. The fishing vessel was captained by Dr. Martyr and consisted of five crew members (including his wife). Everyone aboard was a citizen of Tavern. A small quantity of opium was discovered aboard the vessel and a crew member confessed that he had intended to smuggle it into Pub. Pub officials press criminal charges and Dr. Martyr and his vessel continue to be detained even after the armed conflict ends. Dr. Martyr suffers a heart attack and Mrs. Martyr dies out of shock. The Republic of Tavern submits a request to the International Tribunal for Law of the Sea for an order that would direct Pub to release Dr. Martyr's vessel and his crew.
With the aid of case law and legislation, explain if this order attainable?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started