Week 5 + arresten w5

Question 1

Requirements piracy (3)

Answer 1

• illegal act of violence/detention/act of depredation
• committed for private ends by crew of private ship/aircraft
• direct against another ship on the high seas or outside of jurisdiction of any state

Question 2

Arctic sunrise (NL v Russia)

Answer 2

• Freedom of navigation
• Hot pursuit: it was interrupted so no hot pursuit

Question 3

Somalia v Kenya

Answer 3

3 different stages of delimitation but most important is that the line does not lead to equitable result due to disproportionate relationship between lengths of coast lines and relevant maritime area of each state

Question 4

Philippines v China

Answer 4

Positive due diligence obligation to prevent harvesting of species threatened with extinction and destruction of their habitat

Negative obligation: china’s artificial island-building polluted marine environment with sediment