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United States v. Marino-Garcia

Published online by Cambridge University Press:  27 February 2017

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Abstract

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Type
Judicial Decisions
Information
American Journal of International Law , Volume 77 , Issue 3 , July 1983 , pp. 630 - 631
Copyright
Copyright © American Society of International Law 1983

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References

1 S. Rep. NO. 855, 96th Cong., 2d Sess. 2 (1980), quoted in 679 F.2d 1373, 1379.

2 679F.2dat 1380.

3 The court identified these exceptions and the international legal principles on which they are based as follows: (1) where a vessel is engaged in illegal conduct intended to have an effect in the nation asserting jurisdiction (the “objective principle”); (2) where a vessel is engaged in activity that threatens the nation’s security or governmental functions (the “protective principle”); and (3) where a vessel is engaged in activity that injures the nation’s citizens (the “passive principle”). Id. at 1380–81.

4 See, e.g., Convention on the High Seas, Art. 6, 13 UST 2312, TIAS No. 5200, 450 UNTS 82; United States v. Monroy, 614 F.2d 61, 64 (5th Cir.), cert, denied, 449 U.S. 892 (1980), summarized in 74 AJIL 942 (1980).

5 679 F.2d at 1383.

6 Ibid, (emphasis in original).

7 Id. at 1378 n.4.