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Article IV - Transport
US issued official Drivers Licenses will be valid.
Article VI -Claims
What is MDT?
The overall accord contained eight articles and dictated that both
nations would support each other if either the Philippines or the
United States were to be attacked by an external party.
Is EDCA Constitutional?
Yes.
On January 12, the Supreme Court voted 10-4-1 to declare
constitutional the Enhanced Defense Cooperation Agreement
(EDCA), the military deal signed by the Philippines and the United
States in 2014.
The SC agreed with Malacaang in its position that EDCA is an
executive agreement and does not need the Senate's concurrence
So Is it a Treaty or an Executive agreement?
In declaring the EDCA constitutional, the SC noted the President's
power to enter into an executive agreement on foreign military bases,
troops, or facilities if it aims to implement an existing law or treaty, and
if it is not the very instrument that allows the presence and entry of
these foreign troops.
The high court pointed out that the law requires Senate concurrence
to a treaty and that an agreement can only be considered a treaty
Interoperability
Capacity building towards AFP modernization
Strengthening AFP for external defense
Maritime security
Maritime domain awareness
Humanitarian assistance and disaster response (HADR)
How?
(Joint training exercises, such as the Balikatan, and undertaking
humanitarian assistance and disaster relief cooperation activities, i.e.,
during the aftermath of Typhoon Yolanda)
-These will take place in designated areas within a few AFP bases to
be agreed upon by both Parties.
Agreed Locations Facilities and areas that are provided by he PH
govt throught the AFP and that the US can use.
Note that these are tempoary. Therefore the conccern that Permanent
bases in the PH is without merit. It is in the Preamble of EDCA
Affirming that parties share an understanding for the US not to
establish a permanent military presence or base in the territory of the
Philippines. Preamble, EDCA
Will EDCA give the US military blanket authority to build facilities
in AFP military bases? Will the Philippines have access to these
facilities? Who will own them?
Under EDCA, before constructions and other activities can be
undertaken, prior consent of the Philippines will have to be secured
through the Mutual Defense Board (MDB) and Security Engagement
Board (SEB) which were established under the MDT and the VFA.
The AFP base commander will have access to the entire area of the
facilities shared with the US military. The Philippines will also own any
building and similar infrastructure that will be built by the US military.
How long will EDCA be in effect?
DCA will have an initial term of 10 years. There will be regular bilateral
consultations on the implementation of the Agreement.
Will the entry of nuclear weapons, chemical weapons and
biological weapons be allowed under the EDCA?
No according to EDCA;
Among the Materials the US may bring shall not include nuclear
weapons, in compliance with the Philippine Constitution. EDCA also
reaffirms the two countries respective obligations under the
Convention on Chemical Weapons and Convention on Biological
Weapons.
Introduction
The Islamic State is a terrorist organization that developed
under the auspices of al-Qaida. It is also know by the name ISIS
(an acronym for The Islamic State in Iraq and Greater Syria),
ISIL (an acronym for The Islamic State in Iraq and the Levant"),
and Daash (an abbreviation of the organization's name in
Arabic, ad-dawla al-islamiyya fil-Iraq wa-sham). The Islamic
the former Yugoslavia. The events in Iraq and Syria can actually
be seen as the start of a process of dissolution; at the current
stage, however, it seems that the international community is not
interested in encouraging or recognizing such a process.
Conclusions
It is too early to declare that the caliphate established by the
Islamic State meets the requirements of a State under
international law. The primary barrier the caliphate faces, and
apparently will continue to face in the near future, is its lack of
legitimacy in the eyes of the international community and the
unwillingness of States to recognize the Islamic State as a State
under international law and to conduct political, economic,
cultural, or other relations with it.
At present, there is no uniform and unified international
response to the Islamic State. Clearly, the right to sovereignty,
and probably also the right to self-defense, entitles Iraq and
Syria to take military action against the organization. In addition,
it appears that the United States is relying on Iraq's request for
assistance in military activity aimed at reclaiming control of the
territories captured by the Islamic State. The international
community has refrained so far, however, from taking practical
action against the atrocities that are being committed by the
Islamic State.
On the practical level, since the Islamic State's actions violate
international law, other States should not cooperate with the
organization in a way that would legitimize its wrongdoings.
Other States could justify military action against the Islamic
State under the doctrine of humanitarian intervention, which
CTBT
The Comprehensive Nuclear-Test-Ban Treaty (CTBT) is the
international instrument to end all nuclear testing in a verifiable way. Nuclear
testing has essentially screeched to a halt with the adoption of the CTBT on
19 November 1996, which forged an international zero-tolerance stance
against nuclear testing. The CTBT bans all nuclear explosions on earth
whether for military or for peaceful purposes. It comprise a preamble, 17
articles, two annexes and a Protocol with two annexes. Currently 183 States
have signed the Treaty, including Philippines.
Why North Korea is still conducting its nuclear test at present?
Because has still not come into force, because some country
refused to sign and some held its ratification.
line with international law. But how close or how far away are we from the
CTBT coming into force?
History of nuclear weapons
Statement of war
World War I towards its end, was the era of battleship
World War II ended with the emergence of nuclear weapons
Chinese made rapid progress and tested an atomic bomb on October 16,
1964, at Lop Nur. They tested a nuclear missile on October 25, 1966, and a
hydrogen bomb on June 14, 1967.
Chinese nuclear warheads were produced from 1968 and thermonuclear
warheads from 1974. It is also thought that Chinese warheads have been
successfully miniaturised from 2200 kg to 700 kg through the use of designs
obtained by espionage from the United States. The current number of
weapons is unknown owing to strict secrecy, but it is thought that up to 2000
warheads may have been produced, though far fewer may be available for
use. China is the only nuclear weapons state to have guaranteed the nonfirst use of nuclear weapons.
After World War II, the balance of power between the Eastern and Western
blocs and the fear of global destruction prevented the further military use of
atomic bombs. This fear was even a central part of Cold War strategy,
referred to as the doctrine of Mutually Assured Destruction. So important was
this balance to international political stability that a treaty, the Anti-Ballistic
Missile Treaty (or ABM treaty), was signed by the U.S. and the USSR in 1972
to curtail the development of defenses against nuclear weapons and the
ballistic missiles that carry them. This doctrine resulted in a large increase in
the number of nuclear weapons, as each side sought to ensure it possessed
the firepower to destroy the opposition in all possible scenarios.
In the fifties and sixties, three more countries joined the "nuclear club."
The first UK nuclear weapon on 11 October 1956 at Maralinga, South
Australia. Later came a missile, Blue Steel, intended for carriage by the V
Force bombers, and then the Blue Streak medium-range ballistic
missile (later canceled). Anglo-American cooperation on nuclear weapons
was restored by the 1958 US-UK Mutual Defence Agreement. As a result of
this and the Polaris Sales Agreement, the United Kingdom has bought United
States designs for submarine missiles and fitted its own warheads. It retains
full independent control over the use of the missiles. It no longer possesses
any free-fall bombs.
France had been heavily involved in nuclear research before World War II
through the work of the Joliot-Curies. This was discontinued after the war
because of the instability of the Fourth Republic and lack of finances.
However, in the 1950s, France launched a civil nuclear research program,
which produced plutonium as a byproduct.
After the collapse of Eastern Military High Command and the disintegration of
Pakistan as a result of the 1971 Winter war, Bhutto of Pakistan launched
scientific research on nuclear weapons. The Indian test caused Pakistan to
spur its programme, and the ISI conducted successful espionage operations
in the Netherlands, while also developing the programme indigenously. India
tested fission and perhaps fusion devices in 1998, and Pakistan successfully
tested fission devices that same year, raising concerns that they would use
nuclear weapons on each other.
In 1951, China and the Soviet Union signed an agreement whereby China
supplied uranium ore in exchange for technical assistance in producing
nuclear weapons. In 1953, China established a research program under the
guise of civilian nuclear energy. Throughout the 1950s the Soviet Union
provided large amounts of equipment. But as the relations between the two
countries worsened the Soviets reduced the amount of assistance and, in
1959, refused to donate a bomb for copying purposes. Despite this, the
All of the former Soviet bloc countries with nuclear weapons (Belarus,
Ukraine, and Kazakhstan) returned their warheads to Russia by 1996.
Nuclear tests have been categorized by the purpose of the test itself. Tests
designed to glean information about how well the weapons work were called
weapons-related tests, while those conducted to gain information about the
weapons effects on structures or organisms were known as weapons effects
tests. Additional types of nuclear tests have been considered possible as well
(e.g.
nuclear
tests
as
part
of
anti-ballistic
missile testing).
Breaking the de facto moratorium
About seven nuclear tests were conducted between 1998 and 2013: two by
India and two by Pakistan in 1998 and one by the Democratic Peoples
Republic of Korea (DPRK) in each2006, 2009 and 2013, thus breaking the
de facto moratorium that the CTBT had established.
Now, DPRK is the only country to have conducted nuclear tests in this
century - on 9 October 2006, 25 May 2009 and 12 February 2013. All three
events were quickly, reliably and precisely detected by the verification
regime. After each of the tests, the UN Security Council unanimously
adopted sanction resolutions. The DPRK's actions were met with nearuniversal expressions of concern, including for violations of the letter and
spirit of the CTBT
Today, other nuclear arms states, China, India, and Pakistan, in particular,
are all pursuing new ballistic missile, cruise missile, and sea-based nuclear
delivery systems. In addition, Pakistan has dangerously lowered the
threshold for nuclear weapons use by developing tactical nuclear weapons
capabilities to counter perceived Indian conventional military threats. North
Korea continues its nuclear pursuits in violation of its earlier denuclearization
pledges. These arsenals, although smaller in number, are dangerous and
destabilizing.
1996: Comprehensive Nuclear-Test-Ban Treaty (CTBT): a norm against
nuclear testing
With the CTBTs opening for signature on 24 September 1996, a de-facto
international norm on nuclear testing was established. While all States
Signatories to the CTBT have observed it, only three non-signatories have
not: the nuclear tests by India and Pakistan in 1998 as well as those of the
Democratic Peoples Republic of Korea (DPRK) in 2006, 2009 and 2013
have all provoked universal condemnation including unanimously adopted
sanctions by the U.N. Security Council.
To date, most of the worlds countries (see Treaty status map) have signed
and ratified the CTBT, including the three nuclear weapon States France,
United Kingdom and Russia.
In parallel to the opening of the Treaty for signature, the Preparatory
Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
(CTBTO) was created, whose mandate is the establishment of the CTBTs
verification regime and the promotion of signatures and ratifications of the
Treaty
so
that
it
can
enter
into
force.
When complete, the IMS will consist of 337 monitoring facilities. It will be
complemented by an intrusive on-site inspection regime applicable once the
Treaty has entered into force. Already today, the CTBTOs experts are
confident that their system can detect and identify any militarily relevant
nuclear test anywhere on the planet.
Updated: October 2015
The United Nations Security Council has adopted four major resolutions
since 2006 that impose and strengthen sanctions on North Korea for
continuing to develop its nuclear weapons program and call on Pyongyang to
dismantle its nuclear program in a complete, verifiable, and irreversible
manner" and refrain from ballistic missile tests. The first two resolutions were
passed shortly after North Korean nuclear tests in 2006 and 2009. The third
came a month after North Korea successfully launched a satellite
in December 2012. North Korea is prohibited from such launches under
previous UN Security Council Resolutions because the technology in a
satellite launch vehicle has potential dual use applications to ballistic missile
development. The fourth was passed after North Koreas most recent nuclear
test in February 2013. The resolutions since 2009 furnished UN member
states with interdiction authority, calling upon states to inspect North Korean
cargo within their territory, and subsequently seize and dispose of goods
prohibited by UNSC Resolutions.
All four resolutions were passed unanimously by the Security Council under
Chapter VII, Article 41 of the United Nations Charter. While legally binding,
states are prohibited from using force to carry out the obligations of the
resolutions. The resolutions call upon North Korea to rejoin the nuclear NonProliferation Treaty (NPT), which it acceded to in 1985 but withdrew from in
2003 after U.S. allegations that the country was pursuing an illegal uranium
enrichment program. The Security Council also has called for North Korea to
return to negotiations in the Six-Party Talks, which include South Korea,
North Korea, China, Japan, Russia and the United States. The talks began in
2003 and aim to peacefully dismantle North Koreas nuclear weapons
program. Little progress was made until September 2005, when the six
parties achieved a breakthrough and issued a joint statement on agreed
steps for the denuclearization of the Korean peninsula. Pursuant to the joint
statement, in February 2007 negotiators reached an agreement with North
Korea to shut down its nuclear program in exchange for humanitarian
aid. Progress on this front broke down, however, in 2009 when North Korea
completely withdrew from the talks in response to international condemnation
of its attempt to launch a satellite in April 2009.
To this date, UN Security Council resolutions have been largely unsuccessful
in preventing North Korea from advancing its nuclear weapons and ballistic
missile programs, although the sanctions have slowed development in these
areas. The United Nations continues to closely monitor these
programs. The 1718 Committee, established by Security Council Resolution
1718 in 2006, oversees implementation and enforcement of sanctions
against North Korea. The committee mandate has been renewed on an
annual basis and is now extended until April 2016. A Panel of Experts,
established by Security Council Resolution 1874 in 2006, produces regular
reports to the Security Council on the status of the sanctions and
enforcement. In the February 2015 report , the Panel found that the
Democratic Peoples Republic of Korea continued to defy Security Council
resolutions by persisting with its nuclear and ballistic missile
programmes and also found no evidence that the country intends to cease
prohibited activities. The panel also offers recommendations to strengthen
enforcement of the sanctions.
The sanctions-enacting resolutions since 2006 are preceded by Security
Council resolutions condemning North Korean nuclear and missile
proliferation. In response to North Koreas announcement of intent to
withdraw from the NPT, the Security Council passed Resolution 825 in 1993,
urging North Korea not to withdraw from the NPT to and honor its
nonproliferation obligations under the treaty. Resolution 1695 was passed in
2006 in response to ballistic missile launches in July, and calls on North
Korea to suspend activities related to its ballistic missile program. Additional
Security Council resolutions on North Korea serve to extend the 1718
Committee mandate.
INTERNATIONAL DAY AGAINST NUCLEAR TESTS
In December 2009, the United Nations General Assembly unanimously
declared 29 August as the International Day against Nuclear Tests (see
also UN Website and messagefrom UN Secretary-General Ban Ki-moon).
This day was proposed by Kazakhstan as it marks both the closure of the
former Soviet Semipalatinsk Test Site in 1991 in modern-day Kazakhstan
and the date of the first Soviet nuclear test conducted there in 1949.
Piracy
From Wikipedia, the free encyclopedia
Legal aspects[edit]
Sentence
The book "Archbold" said that in a case that does not fall within
section 2 of the Piracy Act 1837, the penalty appears to be
determined by the Offences at Sea Act 1799, which provides
that offences committed at sea are liable to the same penalty as
if they had been committed upon the shore.[144]
History
William Hawkins said that at common law, piracy by a subject
was esteemed to be petty treason. The Treason Act
1351 provided that this was not petty treason.[145]
In English admiralty law, piracy was classified as petit
treason during the medieval period, and offenders were
accordingly liable to be drawn and quartered on conviction.
Piracy was redefined as a felony during the reign of Henry VIII.
Jurisdiction
See section 46(2) of the Senior Courts Act 1981 and section
6 of the Territorial Waters Jurisdiction Act 1878. See also R v
Kohn (1864) 4 F & F 68.
pirates; i.e. contracts with pirates and oaths sworn to them were
not legally binding. Pirates were legally subject to summary
execution by their captors if captured in battle. In practice,
instances of summary justice and annulment of oaths and
Dutch drew a line separating the Straits into two halves. The
[citation needed]
Law of nations[edit]
International Maritime Organization(IMO) conference on capacity-building
to counter piracy in the Indian Ocean.
International law[edit]
2009
During the 18th century, the British and the Dutch controlled
opposite sides of the Straits of Malacca. The British and the
or aircraft;
[149]
International conventions[edit]
Articles 101 to 103 of UNCLOS[edit]
gentium.
[150]
They read:
ARTICLE 101
Definition of piracy
ARTICLE 103
[152]
It was drafted
[153]
by
[citation
needed]
IMB definition[edit]
instruments.[155]