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International Maritime Law Immunity
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International Maritime Law Immunity

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@MagnanimousCosmos

Questions and Answers

What is a key legal distinction in the sovereign immunity claim?

Between vessels and things in the vessels

What is the primary source of rules of immunity for sovereign immune vessels?

UNCLOS Articles 42(5) and 236

What is a characteristic of UNCLOS rules in the context of sovereign immunity?

They both state rules of immunity and refer to concepts found outside UNCLOS

What is the likely source of immunities from seizure at sea for government assets and officials?

<p>General international law</p> Signup and view all the answers

What is a consequence of the breach of UNCLOS and general international law provisions on seizing sovereign immune vessels?

<p>Theincident is considered a violation of international law</p> Signup and view all the answers

What is a feature of the Second Thomas Shoal incident?

<p>It is a case of UNCLOS rules relying on and being supplemented by general rules of international law</p> Signup and view all the answers

What is a relevant aspect of sovereign immunity in the context of armed conflict?

<p>It is suspended during times of armed conflict</p> Signup and view all the answers

What is a historical incident that highlights the importance of sovereign immunity?

<p>The Second Thomas Shoal incident</p> Signup and view all the answers

What is the basis of immunity from arrest or seizure for objects belonging to a government vessel or crew?

<p>General rules of international law on the immunity of states and their property</p> Signup and view all the answers

In which maritime zone does the immunity of sovereign vessels from jurisdiction apply?

<p>In all maritime zones, including internal waters, territorial sea, and exclusive economic zone</p> Signup and view all the answers

What is the result of breaching the sovereign immunity of a vessel, as seen in the USS Pueblo incident?

<p>The breach is considered an unlawful act, violating sovereign immunity</p> Signup and view all the answers

In which incident did the Iranian Islamic Revolutionary Guard Corps Navy detain two Royal Navy seaboats and fifteen personnel?

<p>The HMS Cornwall incident</p> Signup and view all the answers

Which international court reiterated the principle of sovereign immunity in the ARA Libertad case?

<p>The International Tribunal for the Law of the Sea</p> Signup and view all the answers

What is an exception to the rule of sovereign immunity of vessels, as seen in historical incidents?

<p>Armed conflict</p> Signup and view all the answers

What is the name of the vessel that was seized by North Korean forces in 1968, leading to a breach of sovereign immunity?

<p>USS Pueblo</p> Signup and view all the answers

What is the general principle underlying the immunity of sovereign vessels from jurisdiction, according to the content?

<p>Fundamental rule that sovereign immune vessels cannot be subjected to the jurisdiction of any other state</p> Signup and view all the answers

What is the key factor that distinguishes the approach to 'military activities' in the SCS Award from the ITLOS Kerch Strait Provisional Measures Order?

<p>The purpose of the naval ships' passage</p> Signup and view all the answers

According to the SCS Award, what is the significance of the fact that Chinese Government vessels attempted to prevent the resupply and rotation of Philippine troops on at least two occasions?

<p>It shows that the situation was a quintessentially military one</p> Signup and view all the answers

What is the reasoning behind the ITLOS' conclusion that the incident in the Kerch Strait was a law enforcement situation and not a military activity?

<p>The passage of naval ships per se does not amount to a military activity</p> Signup and view all the answers

What is the implication of the SCS Award's approach to 'military activities' for the determination of jurisdiction in similar incidents?

<p>It would lead to a broader interpretation of 'military activities' and therefore a wider jurisdiction</p> Signup and view all the answers

What is the significance of the fact that Chinese military vessels were in the vicinity of the Second Thomas Shoal incident?

<p>It shows that the situation was a quintessentially military one</p> Signup and view all the answers

What is the relationship between the concept of 'military activities' and the principle of sovereign immunity in armed conflict?

<p>The principle of sovereign immunity may be limited in certain military activities</p> Signup and view all the answers

What can be inferred from the Second Thomas Shoal incident about the historical incidents of sovereign immunity breaches?

<p>The incident highlights the ongoing challenge of balancing sovereign rights with the need to prevent conflicts</p> Signup and view all the answers

What is the relevance of UNCLOS Article 298 to the determination of 'military activities' in the SCS Award?

<p>It sets out the exceptions to the jurisdiction of the Tribunal</p> Signup and view all the answers

What is the primary distinction between the SCS Award and the ITLOS Kerch Strait Provisional Measures approach?

<p>The ITLOS approach is more focused on enabling jurisdiction, while the SCS Award is more focused on clarifying the underpinning concept.</p> Signup and view all the answers

What is the implication of the Philippines' President's political red line in the context of the escalatory Second Thomas Shoal incident?

<p>It brings the threshold for self-defence under Article 51 more in line with the political red line, making it more likely to be triggered.</p> Signup and view all the answers

What is the key factor that might displace the interpretive approach previously applied to the Second Thomas Shoal incident?

<p>The illegitimacy of the underlying Chinese claim to jurisdiction.</p> Signup and view all the answers

What is the primary purpose of the ITLOS Kerch Strait Provisional Measures approach?

<p>To enable jurisdiction in support of a wronged state.</p> Signup and view all the answers

What is the significance of the SCS Award in the context of the Second Thomas Shoal incident?

<p>It provides a contextual definition for the incident.</p> Signup and view all the answers

What is the potential consequence of the escalation of tensions between China and the Philippines in the context of the Second Thomas Shoal incident?

<p>It may lead to an act of war, as per the Philippines' political red line.</p> Signup and view all the answers

What is the relationship between the killing of a state agent and the threshold for self-defence under Article 51?

<p>The killing of a state agent brings the threshold for self-defence under Article 51 closer, but does not necessarily trigger it.</p> Signup and view all the answers

What is the significance of the Philippines' political red line in the context of UNCLOS Article 298 and military activities?

<p>It has no relevance to UNCLOS Article 298 and military activities, as it is a political consideration.</p> Signup and view all the answers

What is the primary reason why the recent incident at Second Thomas Shoal cannot be considered piracy?

<p>Because the vessels on government service cannot commit piracy unless they are under the control of a mutinied crew.</p> Signup and view all the answers

What is the implication of the Philippines President's statement about the killing of a Filipino citizen by a wilful act?

<p>It would be tantamount to an act of war.</p> Signup and view all the answers

What is the significance of the seizure of government property in the Second Thomas Shoal incident?

<p>It is a breach of international law and a serious violation of sovereign immunity.</p> Signup and view all the answers

What is the characteristic of the interactions between the CCG and PCG in the vicinity of Second Thomas Shoal?

<p>They have primarily involved ship-to-ship interactions.</p> Signup and view all the answers

What is the implication of the use of personal weapons in the Second Thomas Shoal incident?

<p>It is a clear escalation of the situation and a violation of international law.</p> Signup and view all the answers

What is the significance of the fact that the recent incident at Second Thomas Shoal involved CCG and PCG officers in direct contact?

<p>It is a clear escalation of the situation and a violation of international law.</p> Signup and view all the answers

What is the relevance of the UNCLOS provision on sovereign immunity in the context of the Second Thomas Shoal incident?

<p>It is a key principle that has been violated by the actions of the CCG and PCG officers.</p> Signup and view all the answers

What is the implication of the Philippines' description of the incident as 'piracy'?

<p>It is a colloquial use of the term with no legal significance.</p> Signup and view all the answers

Study Notes

Sovereign Immunity of Government Vessels

  • Government vessels enjoy immunity from arrest or seizure as a consequence of general rules of international law on the immunity of states and their property.
  • This immunity applies across all maritime zones, including internal waters, as reiterated in the ARA Libertad case.

Breach of Sovereign Immunity

  • The temporary detention of Philippine seaboats by China is a clear breach of vessel sovereign immunity, regardless of the maritime zone in which it occurs.
  • This breach is similar to the 1968 USS Pueblo incident, where North Korean forces seized the vessel and detained the crew for 11 months, and the 2007 HMS Cornwall incident, where Iranian forces detained Royal Navy seaboats and personnel.

UNCLOS and General International Law

  • The legal source for sovereign immunity claims may differ between vessels and other government assets, with UNCLOS specifically referring to sovereign immune vessels and general international law covering immunities from seizure at sea.
  • UNCLOS rules rely on and are supplemented by general international law, as seen in the Second Thomas Shoal incident.

Military Activities and Law Enforcement

  • The Second Thomas Shoal incident meets the approach to 'military activities' adopted in the SCS Award, where the fact nexus is in prior incidents.
  • However, the ITLOS Kerch Strait Provisional Measures Order approach to 'military activities' is fundamentally different, leveraging three arguments to determine that the incident was a law enforcement situation, not a military activity.

Escalation and Context

  • The recent Second Thomas Shoal incident raises the prospect that the interpretive approach to 'military activities' may be displaced by the ITLOS Kerch Strait Provisional Measures approach.
  • The context of the incident, including the arguable illegitimacy of the underlying Chinese claim to jurisdiction, may determine which conception takes precedence.

Political Red Line and Self-Defence

  • The Philippines' President has identified a new political red line, where any CCG killing of a PCG or AFP member during interactions at sea would be 'close to… an act of war'.
  • This political red line is not exactly concurrent with the Article 51 self-defence threshold, although the killing of a state agent brings it closer.

Kinetic Operations and Escalation

  • The recent incident marks an escalation in the long-simmering standoff at Second Thomas Shoal, involving CCG and PCG officers in direct contact, including the use of personal weapons and seizure of government property.
  • The incident is considered a clearly escalatory step, with the potential to lead to more serious consequences, including human life and injury.

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Quiz on international law regarding government vessels, immunity, and detention of seaboats.

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