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Souny, Raflik, Terrorisme et mondialisation. Chuo , LL. Yale and J. The United Nations High Commissioner for Refugees reported that the number of forcibly displaced people totaled These operations were often described as turnback 2 or pushback operations.
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Asia-Pacific is not an exception to these trends. In the wake of increased flow of boat people departing from Southeast Asia to Australia, the Australian Government initiated Operation Sovereign Borders , a military-led border security operation to combat maritime people smuggling, in September While the Australian government does not disclose the details of Operation Sovereign Borders, media and human rights NGOs disclosed that the responsible Australian agencies conducted the operations in international waters in a manner that disregards the safety and well-being of the asylum seekers.
A question arises as to whether the State conducting such operations in international waters has a valid jurisdictional basis in international law. Article 19 2 of UNCLOS lists the loading or unloading of any person contrary to the immigration law in the territorial sea as one of the non-innocent activities of foreign vessels. The coastal State may adopt laws and regulations for the prevention of infringement of such laws 8 and take necessary steps in the territorial sea to prevent passage, which is considered as non-innocent.
This provision, however, allows government vessels to only board and search non-government vessels. It does not authorize transferring passengers to lifeboats or returning them outside the territorial sea of the country of departure. Article 9 1 a of the Protocol obliges States to ensure the safety and humane treatment of the persons on board the ship when taking such measures.
The use of force in maritime law enforcement has the character of police force. Therefore, in principle, it has to be distinguished from the use of force against a State in the sense of Article 2 4 of the Charter of the United Nations.
However, making a distinction between these two can be complex and the maritime law enforcement can be sometimes regarded as a threat or use of force under the Charter, depending on situations of the case, such as the existence of an international dispute in the area in question and jurisdictional basis. With regard to the manner and the degree of force that are permissible in maritime law enforcement, UNCLOS is not very clear. Generally speaking, if UNCLOS allows the exercise of enforcement jurisdiction, law enforcement with police force is expected.
International rules on the use of force in maritime law enforcement have been developed as customary international law, 18 whose rules are expressed in non-binding instruments and international judgments. In the maritime context, the Judgment in the Saiga No. Where force is unavoidable, it must not go beyond what is reasonable and necessary in the circumstances. Guinean officials fired indiscriminately while on the deck and used gunfire to stop the engine of the ship.
In the Guyana v. In the reported instances above, the principle of humanity is also infringed by the excessive use of force.
Furthermore, these operations are mostly carried out in international waters. Therefore, the resort to forcible measures against boat people is not only excessive but also without adequate legal jurisdictional basis. The customary rules on the use of force in maritime law enforcement should be observed by all States. In order to safeguard abuse of power in the name of maritime security operations, the humanity aspect of UNCLOS must be reinforced.
One way to reinforce it is to codify the customary rules on the use of force in maritime law enforcement or to adopt draft principles at the International Law Commission. Another way is to integrate human rights norms into UNCLOS through interpretation, using the principle of systematic integration expressed under article 31 3 c of the Vienna Convention on the Law of Treaties. The author would like to thank Ms.
Katherine Cherry D. Presidential Office Act No. Establishes a Presidential Office to provide the President and the Vice-President such services as they may require for the efficient and effective implementation of the executive functions under the Constitution.
Repeals sections 9 and 10 of the Civil Service Law, Parliamentary Service Act No. Provides for the establishment of a Parliamentary Service comprised of departments prescribed by regulations , membership and functions of the Service, governing body named Parliamentary Service Board, tenure of office, and related matters. Electoral Commission Act No.
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Provides for the establishment of the Electoral Commission, functions of the Commission, qualification and appointment of members of the Commission and related matters. Establishes a Commission on Human Rights and Administrative Justice to investigate complaints of violations of fundamental human rights and freedoms, injustice and corruption, abuse of power and unfair treatment of persons by public officers in the exercise of their duties, with power to seek remedy in respect of such acts or omissions.
Repeals the Ombudsman Act, Criminal Code Amendment Act No. Provides that whoever commits genocide shall on conviction be sentenced to death. Courts Act No. National Media Commission Act No. Rules in respect of the establishment of a National Media Commission and functions and composition of the Commission. Provides for the establishment of the Council of Indigenous Business Associations, the composition and functions of the Council, associations to be registered with the Council, Executive Committee of the Council, executive secretary and regional treasurer, national, regional and district offices, district branches and functions of the regional and district branches.
Patent Act No. Concerns rights regarding patents as well as applications for such rights and related licences. Provides sanctions for infringements of patents, and establishes a Patent Policy Committee to provide advice on policy matters, and a Patent Tribunal responsible for questions over which it has jurisdiction under the Act.
Representation of the People Amendment No. Provides for rules in respect of withdrawal of nominated candidate from a constituency and the renomination of a candidate. Technology Transfer Regulations No. Provides for rules in respect of registration of all technology transfer agreements, unenforceable clauses of technology transfer agreements, training by transferor, taxes on royalties, confidentiality obligation of transferee, duration of agreement, applicable law, dispute, performance guarantee, payment of technology, management service fees and management and technical services.
Made under the Investment Code No. Representation of the People Law No. Provides for constituencies of Ghana for parliamentary elections, qualification of voters and members of parliament, nomination of candidates and voting at elections, election petitions and other legal proceedings and election offences.
Presidential Elections Law No. Provides for qualifications for election as President, qualifications and disqualifications of Vice President, election of President, election results for Presidency, challenge of elections and application of existing electoral laws. Public Elections Parliament Regulations No. Provides for, inter alia, notice of election, nomination of candidates, withdrawal of candidature, provision of polling station, presiding officers and polling assistants, number of votes and place of voting, voting procedure, results of elections and declaration and publication of results of contested elections.
Consultative Assembly Dissolution Law No. Constitution of the Republic of Ghana No. Contains 26 Chapters and sections, covering matters including fundamental human rights and freedoms, composition of the government and the public service, electoral rights, the judiciary and courts, freedom and independence of the media, the armed forces, and citizenship. Among protected human rights are the right to protection from slavery and forced labour, equality and freedom from discrimination, freedom of association, women's rights, children's rights, rights of disabled persons, and the right to work under satisfactory, safe and healthy conditions.
Amends the Courts Act No. Puts restrictions on the establishment and functioning of foreign enterprises in Ghana.
Criminal Code Act Criminal Procedure Code, Act Sets out the procedures to follow during the arrest, trial, sentencing and incarceration of offenders. Representation of the People Amendment Act, No. Proceeds of Crime Amendment Act, No. Constitutional Referendum Amendment Act, No. Constitutional Referendum Act, No. AN ACT to make provision for the procedures for the holding of constitutional referendum on Bills for the altering of the Constitution, and certain other constitutional instruments, for the purposes of section 39 of the Constitution.
Terrorism Amendment Act, No. Proceeds of Crime Amendment No.
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