Universal Jurisdiction over slave trafficking under the Law of Nations as compared to the Law of the Sea Convention

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While the law of nations and the Law of the Sea are in accord regarding the unacceptability of allowing slave trafficking on the high seas, the questions remain: who is capable of enforcing the law of nations and the Law of the Sea against foreign ships? Under what jurisdiction are states or international courts able to enforce the international law of nations and/or the Law of the Sea against foreign ships? The short answer to these questions is that all nations are vested with enforcement authority under universal jurisdiction of the law of nations to sanction ships engaged in slave trafficking. However, if a slave trafficker is sanctioned under the Law of the Sea, the enforcing state and the flag state of the criminal ship may both have to be subscribing members of the Law of the Sea convention.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Charla Lenz | Attorney Advertising

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