Final Brief – Questions Presented
- Whether Amalea has exclusive ownership of the wreck of the Cargast?
- No
- Baldric Verdigris, committed an illegal act of violence and depredation, against Ritania, by sacking Helios.
- Committed genocide
- Amalea no right to claim the ship over finders principle.
- Amalea has not maintained a constant search and dialogue about the Cargast, the ship is considered abandoned.
- The Cargast lost its state by committing act of piracy under Article 4 of the International Convention on Salvage.
- Baldric Verdigris, committed an illegal act of violence and depredation, against Ritania, by sacking Helios.
- No
- Whether Amalea has ownership of all artifacts recovered from the Cargast?
- No
- Cultural Heritage of Ritania – Sacred Helian Coronet
- Principle of equity according to international law.
- No
- Whether Amalea complied with international law in its recovery of cargo and artifacts from the wreckage of the Cargast?
- No
- Did not act in good-faith
- Objects recovered by
- No
- Whether Ritania violated international law by deploying military patrol vessels to the site of the wreck of the Cargast?
- Jurisdiction
- High Seas
- Protective Jurisdiction
- Crime against the State of Ritania
- Privateering is piracy (custom)
- 18 U.S. Code Chapter 81 – PIRACY AND PRIVATEERING
- Whoever, being a citizen or subject of any foreign state, is found and taken on the sea making war upon the United States, or cruising against the vessels and property thereof, or of the citizens of the same, contrary to the provisions of any treaty existing between the United States and the state of which the offender is a citizen or subject, when by such treaty such acts are declared to be piracy, is a pirate, and shall be imprisoned for life.
- Coronet & related contents in wreckage of schooner Cargast are cultural heritage
- Was there a hot pursuit that commenced within the contiguous or territorial waters of Ritania?
- UNCLOS Article 111
- The right of hot pursuit shall apply mutatis mutandis to violations in
the exclusive economic zone or on the continental shelf, including safety
zones around continental shelf installations, of the laws and regulations of the
coastal State applicable in accordance with this Convention to the exclusive
economic zone or the continental shelf, including such safety zones.- The Cargast did not make it back to the territorial waters of Amalea, so hot pursuit is still legal.
- The right of hot pursuit shall apply mutatis mutandis to violations in
- UNCLOS Article 111
- Loss of State for Cargast
- UNCLOS Part VII, Article 104– Retention or loss of nationality of a pirate ship or aircraft
- Seizure of pirate ship
- UNCLOS Part VII, Article 105 – Seizure of a pirate ship or aircraft
- Amalean Recovery was performed by a non-military vessel
- UNCLOS Part VII, Article 107 – Ships and aircraft which are entitled to seize on account of piracy
Alright, one of the biggest finds have made for our side so far involves a spanish warship, Mercedes. It was sunk in combat in 1803-4 and took a huge amount of treasure with it. A private firm salvaged it in 2007 off the coast of Gibraltar. Spain, Peru, and 26 private entities representing, the descendents of those lost presented a case in the US. Spain claimed Sovreign immunity to admiralty law. Admiralty law, would have granted Odyssey Marine Exploration up to 90% of the value of the recovered treasure. However the courts found in favor of Spain.
While it does suck a bit to be the people that just spent 10 million on the rercovery effort, and got stiffed out the door for it. Some of the big applications for us are, Sovreign immunity over admiralty law. this gives us grounds to stand on for getting the crown back. The crown is ours, and stealing it, does not transfer ownership. It also gives us an out so that we don’t have to pay Amalea for salvaging it. These cases aren’t identical, but I think I can make it work from this, and as I dig deeper; hopefully more will come up.
Good find Mike
https://treaties.un.org/doc/Publication/UNTS/Volume%2078/volume-78-I-1021-English.pdf
http://www.un.org/depts/los/convention_agreements/texts/unclos/part7.htm
http://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf
http://cil.nus.edu.sg/wp/wp-content/uploads/2010/10/Presentation_MaritimeCrimes_CWL_FINAL_Feb2011.pdf
https://treaties.un.org/doc/source/RecentTexts/English_3_13.pdf
Admirality law v. Sovereign Immunity: Mercedes – Spain
http://lawreview.law.miami.edu/wp-content/uploads/2011/12/Piracy-in-the-Courtroom.pdf
Our response to the ICJ needs to be targeted at undermining Amalea’s claims in paragraph 53.
b – assertion 1: Amalea has exclusive ownership of the Cargast and all artifacts recovered from it.
b – assertion 2: Ritania’s deployment of patrol vessels to the site of the Cargast violated international law.
According to Article 2 of the Special Agreement, we need to respond to the Amalean assertions AND, according to paragraph 54 of the Compromis:
b – assertion 1: support proof that Mil Bellezza’s salvage of the Cargast is unlawful
b – assertion 2: the cargo and artifacts recovered from the wreck properly belong to Ritania
c – assertion 3: Ritania has the right to protect them.
The UCHC provides that a State Party may take emergency measures to prevent any immediate
danger being caused to underwater cultural heritage on its continental shelf.
Declaration of piracy by Baldrick Verdigris
Baldric Verdigris, committed an illegal act of violence and depredation, against Ritania, by sacking Helios. This makes him a pirate under sections 101 and 102 of UNCLOS 3. The Definition of Piracy and Piracy by a warship, government ship or government aircraft whose crew has mutinied.
Declaration of the Helian Coronet as cultural heritage
UNESCO defines cultural heritage as the expression of the ways of living developed by a community and passed on from generation to generation, including customs, practices, places, objects, artistic expressions and values. The Helian Coronet is established as an object of cultural heritage by the use of said coronet in the rights of ascension for the throne of Ritania.
Good Faith
Good Faith is a legal principal that in essence states use, when a treaty does not exist covering a situation. The idea is to have a verbal agreement such that states will act in accordance with their word on a matter. This applies as at the outset, thought there was tension Amalea and Ritania began their ideas of the Cargast, in good faith Amalea and Ritania wanted their fair share of a ship that was culturally significant to both countries. Amalea has since broken the good faith agreement.
Does Amalea have exclusive rights to the wreck of the Cargast?
No, as Amalea has not maintained a constant search and dialogue about the Cargast, the ship is considered abandoned. Furthermore, with the declaration of piracy article 4 of the international convention on Salvage does not apply, as the Cargast is no longer considered a flagged warship of Amalea.
Has Amalea followed international law in its recovery of the cargo and artefacts?
As the ship was located by Ritania, in neutral seas. The ship is also a pirate ship, and therefore, no longer property of Amalea. This gives Amalea no right to claim the ship over the finders, nor are they able to push sovereign immunity since Baldric Verdigris was acting outside of the legal usage of a warship. Amalea also went against the expressed wishes of its neighbor, the discoverer of the ship, and began using outside salvors immediately.
Did Ritania violate international law by deploying military patrol ships to the gap?
Ritania, as a sovereign state is allowed to have military vessels in the high seas by UNCLOS. While Amalea may make a claim against the Ritania, stating violation of the Malachi Gap Treaty. This treaty states that neither state may impede the other in the Malachi Gap; and while the warships of Ritania, may appear to be hard line against having any military vessels; however.. Ritania, made a strong point that Amalea’s savaging of the Cargast would result in military action. Amalea, aware of this, began importing salvors and initiated salvage of the Cargast, against the protests of the Ritanian diplomats. The treatment of cultural heritage by the Amalean government, leaves Ritania little choice in the matter of trying to defend what is by customary international law a part of the state of Ritania.
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Declaration of piracy by Baldrick Verdigris
Baldric Verdigris, committed an illegal act of violence and depredation, against Ritania, by sacking Helios. This makes him a pirate under sections 101 and 102 of UNCLOS 3. The Definition of Piracy and Piracy by a warship, government ship or government aircraft whose crew has mutinied.
Declaration of the Helian Coronet as cultural heritage
UNESCO defines cultural heritage as the expression of the ways of living developed by a community and passed on from generation to generation, including customs, practices, places, objects, artistic expressions and values. The Helian Coronet is established as an object of cultural heritage by the use of said coronet in the rights of ascension for the throne of Ritania.
Good Faith
Good Faith is a legal principal that in essence states use, when a treaty does not exist covering a situation. The idea is to have a verbal agreement such that states will act in accordance with their word on a matter. This applies as at the outset, thought there was tension Amalea and Ritania began their ideas of the Cargast, in good faith Amalea and Ritania wanted their fair share of a ship that was culturally significant to both countries. Amalea has since broken the good faith agreement.
Has Amalea followed international law in its recovery of the cargo and artefacts?
As the ship was located by Ritania, in neutral seas. The ship is also a pirate ship, and therefore, no longer property of Amalea. This gives Amalea no right to claim the ship over the finders, nor are they able to push sovereign immunity since Baldric Verdigris was acting outside of the legal usage of a warship. Amalea also went against the expressed wishes of its neighbor, the discoverer of the ship, and began using outside salvors immediately.
Did Ritania violate international law by deploying military patrol ships to the gap?
Ritania, as a sovereign state is allowed to have military vessels in the high seas by UNCLOS. While Amalea may make a claim against the Ritania, stating violation of the Malachi Gap Treaty. This treaty states that neither state may impede the other in the Malachi Gap; and while the warships of Ritania, may appear to be hard line against having any military vessels; however.. Ritania, made a strong point that Amalea’s savaging of the Cargast would result in military action. Amalea, aware of this, began importing salvors and initiated salvage of the Cargast, against the protests of the Ritanian diplomats. The treatment of cultural heritage by the Amalean government, leaves Ritania little choice in the matter of trying to defend what is by customary international law a part of the state of Ritania.