S v. Martinez

Abstract

Sea — Exclusive economic zone — Fisheries — United Nations Convention on the Law of the Sea, 1982, Article 73(3) — Prohibition of imprisonment for violations of regulations applicable in any exclusive economic zone — Accused charged with unlawful fishing in the exclusive economic zone — Seizure of vessel, implements and fish — Sentence of imprisonment — Whether exclusive economic zone of Namibia extends to 200 nautical miles from low water mark — Whether different from exclusive economic zone relating to Walvis Bay — Whether provisions of the Convention applicable — Whether imprisonment for failure to pay fine prohibited — Sea Fisheries Act 1973 as amended by the Territorial Sea and Exclusive Economic Zone of Namibia Act 1990

Treaties — Binding nature of international conventions — United Nations Convention on the Law of the Sea, 1982 — Convention signed and ratified by the Council for Namibia — Convention not yet in force — Whether binding on Namibia — Vienna Convention on the Law of Treaties, 1969 — Court not able to establish whether Council of Namibia signatory to the Vienna Convention — Whether Namibia bound by the Law of the Sea Convention only if Council for Namibia signatory to both Conventions

State succession — Mandated trust territories — Namibia — Independence from the Republic of South Africa — Constitution providing for the perpetuation of existing laws — Whether Sea Fisheries Act 1973 (South Africa) applicable — Whether Walvis Bay part of the national territory of Namibia — Whether area of sea between 12 and 200 nautical miles from the coast of Namibia constituting exclusive economic zone of Namibia — The law of Namibia