17 votes
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Using international waters to provide illicit activities near a country

First: it is a misconception that international waters are "lawless;" many aspects of international maritime law are determined by international treaty. Second: countries can obtain jurisdiction over ...
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  • 5,587
12 votes

How much ocean does a person with a beachhouse own and what can he do with it?

California has a particular set of regulations addressing coastal land ownership, detailed at https://www.coastal.ca.gov/laws/ In short, everything below the high-tide mark along the coast is public ...
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9 votes
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Floating drug laboratory in international waters

The relevant law is the United Nations Convention on the Law of the Sea, to which both the Philippines and China are signatories. With very few exceptions, the only country with jurisdiction over a ...
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  • 5,600
9 votes

Using international waters to provide illicit activities near a country

Where I suspect you will run in to your first problem is that in most countries soliciting for illegal activities is also illegal even if those activities are legal where you are planning on hosting ...
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  • 508
8 votes

When does US state law apply on the high seas?

California courts have held that state's labor law applicable to mariners on a vessel based in California, and mostly working in local waters, even when the ship's voyage took it into federal or ...
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7 votes

What is the exact meaning of this Article about loss of liability limitation?

Maritime law has a lot of weird rules, but the normal rule of statutory construction is that scienter requirements -- intent, knowledge, recklessness, etc. -- apply to everything that comes after them,...
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7 votes

How much ocean does a person with a beachhouse own and what can he do with it?

Ownership of coastal land is controlled by the California Civil Code, which reserves land below the mean high water mark to the state: Section 670: [670.] Section Six Hundred and Seventy. The ...
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7 votes
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If land I own sinks into the ocean, do I own the corresponding part of the ocean?

In england-and-wales and scotland, no. At common law, with a hefty influence from Roman writers such as Gaius who tackled the topic, gradual changes in a natural boundary are distinguished from others....
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  • 486
5 votes

Floating drug laboratory in international waters

International waters is not a law-free zone. If your ship is flying the flag of any country, that country's laws apply aboard the ship, and that country may board you or authorize another country to ...
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5 votes

Are there laws regarding boarding cruise ships while at sea?

First of all, cruise ships are not lawless zones. At all times, the law of their country of registration applies. In addition, if they are in sovereign waters, that country's law applies. Also, many ...
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4 votes

State testing unarmed ballistic weapons off some waters abroad?

First of all, the wording in your question hints at the UK deliberately launching a missile (even if it is a test one) towards the USA. Nothing in the news piece you link to support that supposition, ...
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  • 4,595
4 votes

What was the basis in international law for the seizure of the Iranian tanker Grace 1?

This is a copy of my answer to a similar question on politics.se, which I only became aware of after posting this question. My answer there is itself derived from material dug up in another answer, ...
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4 votes

What was the basis in international law for the seizure of the Iranian tanker Grace 1?

The passage is alleged to be not “innocent” From Article 19: Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. The article enumerates a ...
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  • 158k
4 votes

What is the exact meaning of this Article about loss of liability limitation?

"Recklessly", which is an adverb, must modify a verb. It can only be sensibly construed as modifying "committed" – the action is committed recklessly. The clause "with the ...
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4 votes
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What are the regulations around autonomous/unmanned boats?

Assuming we're talking about U.S. jurisdiction due to your location, some aspects of your question are addressed in this Professional Marine article from June-July 2018, which generally notes that ...
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4 votes

Can someone by prosecuted if they commit a crime outside of all jurisdictions?

Yes More exactly, nations will not regard places outside of their physical limits as outside of their jurisdictions. Overview Traditionally, a nation has regarded any ship flying its flag as under its ...
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4 votes
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Can someone by prosecuted if they commit a crime outside of all jurisdictions?

Can someone by prosecuted if they commit a crime outside of all jurisdictions? This is a tautological question. If they can be prosecuted, then they are by definition subject to the jurisdiction they ...
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4 votes
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Is it illegal to drop boulders into the sea?

The sea area in question is a Marine Protected Area, which is referred to in the united-kingdom as a Marine Conservation Zone (as per No17 on the 2016 linked list) and lies within the UK's ...
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3 votes

How did the "Wise Honest" end up at the US (and not Indonesian) custody?

Inter-country law enforcement is quite common. Based on the links you provided, the US requested the Indonesians to detain the ship and then transfer it to their control for violation of US law. The ...
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  • 158k
3 votes

Can someone by prosecuted if they commit a crime outside of all jurisdictions?

The thing is: there is nothing to prevent a sovereign state from making laws whatever it wishes (subject to international agreements/treaties/conventions it signed, if any, and the extent it is ...
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3 votes

Help interpretting Florida Statute and specifically Jurisdiction on the waters of the state

“... in charge of, in command of, or in actual physical control of a vessel ...” applies even if the vessel is stopped, at anchor or even if no one is on board (in which case it would be the last ...
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3 votes

How much ocean does a person with a beachhouse own and what can he do with it?

Although this speaks more to groundwater, I think it would apply. http://aic.ucdavis.edu/events/outlook05/Sawyer_primer.pdf It says, in part: Regardless of the nature of the water right in ...
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3 votes
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How to create a state?

The most commonly used definition for statehood is the declaratory theory, codified by the Montevideo Convention. This says that statehood doesn't depend on recognition by other states; it merely ...
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3 votes

What happens if two EEZs overlap?

As pointed out in a comment, exclusive zones cannot overlap by definition, given the meaning of "exclusive." Your question is answered in the Wikipedia article you link to: Generally, a ...
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3 votes

Is something located outside of territorial waters protected by an international law?

Whatever else it may be, it isn't piracy. Piracy is covered by the UN Convention on the Law of the Sea, Part VII, and Article 101 defines it: Piracy consists of any of the following acts: (a) any ...
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3 votes

When does US state law apply on the high seas?

The general rule is that activities on the high seas are subject to federal law, both under general principles of admiralty law (which "consists of both domestic law on maritime activities, and ...
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  • 139k
2 votes
Accepted

What is the meaning and the implications of Art. 27, GG (German Basic Law)?

This is true of the merchant ships of most countries. The collection of all merchant ships bearing a nation's flag are collectively its merchant fleet. Basically, this means that German flagged ...
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  • 139k
2 votes

How to create a state?

You're really asking about the requirements for Statehood - whether individual States will recognise another, as has correctly been noted, is largely a matter of politics and policy, which is distinct ...
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  • 11.7k
2 votes
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Am I Allowed to Refuse a Rescue? What Issues Would That Cause?

Under the United Nations Convention on the Law of the Sea, "Every State shall require the master of a ship flying its flag, in so far as he can do so without serious danger to the ship, the crew ...
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