POL340Y5 Study Guide - Midterm Guide: Moray Firth, Precedent, State Immunity
Document Summary
O american vessel (berkshire) collided with british vessel. British were complying with british law of the seas (were most powerful nation at the time so they basically created the laws) Berkshire was only bound to show coloured lights, which wasn"t followed; only white light so couldn"t be reimbursed for losses: undoubtedly, no single nation can change the law of the sea. That law is of universal obligation, and no law of one or two nations can create obligations for the world. Like all the laws of the nations, it rests upon the common consent of civilized communities. Government of conquering state gets to decide which obligations they will keep and which they won"t. The only part of il that applies to england is that which is accepted in britain or so widely accepted in the il community that it is irrefutable.
