Category: Uncategorized

United States loses in International Court of Justice 1952

US Congress had to legislate dealing with the removal of the United States Consular Court at Morocco it was legislated done through legislation.

Because the U.S. lost the case
Misrepresentation of information:
Eisenhower did not shut down Moorish Consular Court
US doesn’t have the authority
In the treaty of Peace and Friendship btw Morocco and U.S. no articles says they US has authority to close Consular Court.

3 Types of Treaty:

Primary type:
Bilateral treaty between morocco and 10 European Powers (France, Belgium, Sweden, Netherlands, US, Spain, Sardinia, England/Great Britain, Denmark) 1631-1892

Second type of treaty:
Act to protect Morocco 1880
Act of Algiers in 1907

Third type of treaty:
1912 French Protectorate

Jus Cogens

Jus cogens (or ius cogens) is a latin phrase that literally means “compelling law.” It designates norms from which no derogation is permitted by way of particular agreements. It stems from the idea already known in Roman law that certain legal rules cannot be contracted out, given the fundamental values they uphold. Most states and authors agree that jus cogens exists in international law. Opinions diverge however as to its exact content, sources, means of identification, and application, as well as to its precise effects and role within the international legal order. Despite persistent debates on these matters, jus cogens is now referred to in several legal instruments within and beyond the law of treaties. The 1969 and 1986 Vienna Conventions on the Law of Treaties stipulate that a treaty is void if it conflicts with jus cogens (Art. 53 and 64). The same is true for unilateral declarations, following the guiding principles adopted by the International Law Commission in 2006 (Principle 8). According to the Articles on Responsibility finalized by the same commission in 2001 and 2011, states as well as international organizations shall cooperate to bring to an end any serious breach of jus cogens, and shall not recognize as lawful a situation created by such a breach, nor render aid or assistance in maintaining such situation (Art. 41/2001 and 42/2011). Moreover, if states or international organizations are to violate jus cogens, they cannot invoke any circumstance precluding the wrongfulness of their conduct, such as necessity or force majeure (Art. 26). Finally, countermeasures shall not affect jus cogens obligations (Art. 50/2001 and 53/2011). No exhaustive list of peremptory norms has been drawn officially, but it is commonly accepted as including the prohibition of the use of force between states, the prohibition of slavery, racial discrimination, torture and genocide, as well as peoples’ right to self-determination. Given the limited number of jus cogens rules and set of effects attached to them, practice and case law are not abundant. In contrast, much scholarly attention has been paid to this controversial topic. Depending on the theoretical perspective adopted, the content and function of jus cogens can be described in very different terms. Hence there are no univocal answers to the fundamental or technical questions raised by the definition and application of jus cogens. Authors provide various solutions in this respect, the appreciation of which very much depends on whether they suit one’s very own representations of what international legal order is and how it works.

https://www.oxfordbibliographies.com/view/document/obo-9780199796953/obo-9780199796953-0124.xml

Obverse and reverse

Obverse and its opposite, reverse, refer to the two flat faces of coins and some other two-sided objects, including paper money, flags, seals, medals, drawings, old master prints and other works of art, and printed fabrics. In this usage, obverse means the front face of the object and reverse means the back face. The obverse of a coin is commonly called heads, because it often depicts the head of a prominent person, and the reverse tails.

In numismatics the abbreviation obv. is used for obverse,[1] while ℞,[1] )([2] and rev.[3] are used for reverse.

In fields of scholarship outside numismatics, the term front is more commonly used than obverse, while usage of reverse is widespread.[citation needed]

The equivalent terms used in codicology, manuscript studies, print studies and publishing are “recto” and “verso”.[citation needed]

https://en.wikipedia.org/wiki/Obverse_and_reverse

Moral turpitude

Moral turpitude is a legal concept in the United States and prior to 1976, Canada, that refers to “an act or behavior that gravely violates the sentiment or accepted standard of the community”.[1] This term appears in U.S. immigration law beginning in the 19th century.[2]

The concept of “moral turpitude” might escape precise definition, but it has been described as an “act of baseness, vileness, or depravity in the private and social duties which a man owes to his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and man.”[3]

The classification of a crime or other conduct as constituting moral turpitude has significance in several areas of law. First, a prior conviction of a crime of moral turpitude (or in some jurisdictions, “moral turpitude conduct”, even without a conviction) is considered to have a bearing on the honesty of a witness and might be used for purposes of the impeachment of witnesses.[4] Second, offenses involving moral turpitude may be grounds to deny or revoke state professional licenses such as teaching credentials or denial of an application for public notary[5] licenses to practice law,[6] or other licensed profession. Third, the concept is relevant in contract law since employment contracts and sponsorship agreements often contain a moral turpitude clause which allow the sponsor to terminate a contract without penalty if the employee or sponsored party commits an act of moral turpitude. What sort of acts constitute “moral turpitude” can vary greatly depending on the situation and the exact terms of the contract, but the clause is often invoked in cases involving clearly non-criminal behavior and/or allegations for which there is insufficient evidence for a conviction (assuming the alleged act is even a criminal offense). Fourth, this concept is of great importance for immigration purposes in the United States, Canada (prior to 1976), and some other countries, since offenses which are defined as involving moral turpitude are considered bars to immigration into the U.S.[7]

https://en.wikipedia.org/wiki/Moral_turpitude

Congress of Aboriginal Peoples

The Congress of Aboriginal Peoples (CAP) (formerly the Native Council of Canada and briefly the Indigenous Peoples Assembly of Canada), founded in 1971, is a national Canadian aboriginal organization, that represents Aboriginal peoples (Non-Status and Status Indians, Métis, and Southern Inuit) who live off Indian reserves, in either urban or rural areas across Canada.[1] As of 2011, more than 70% of Aboriginal people live off-reserve.

Its head office is located in the capital, Ottawa, Ontario. The congress works with its affiliate organizations on issues that affect the Aboriginal peoples of Canada who live off-reserve. Affiliates of the congress have their own constitutions, with some being separately funded through the Métis and Non-Status Indian Relations Directorate of the Department of Aboriginal Affairs and Northern Development Canada. The Métis and Non-Status Indian Relations Directorate works primarily with Aboriginal political organizations who represent the interests of Métis and non-status Indians (MNSI) and other off-reserve Aboriginal organizations.

The congress administers the Aboriginal Skills and Employment Training Strategy (ASETS), which links training to labour market demand. ASETS is designed to help Aboriginal people who live off-reserve prepare for and find high-demand jobs.

https://en.wikipedia.org/wiki/Congress_of_Aboriginal_Peoples

Mooring Your Boat

Mooring - Van Isle Marina, Sidney BC

Mooring refers to lassoing, tethering, tying, or otherwise securing your boat to a fixed object, such as a mooring buoy, rather than dropping an anchor to secure your vessel anywhere you fancy. You can moor your boat to a mooring buoy, dock, quay, wharf, jetty, or pier.

If mooring at a dock or pier with many other boats, such as at Van Isle Marina, there is a chance your boat will be occupying a dock or dock space that is the width of your boat, rather than the length. However, you will always have your own strip of docking walkway for easy loading and unloading.

Mooring your boat (sometimes called berthing) is done a few different ways and might take some trial and error until you perfect this skill. Mooring in a tight space amongst many other boaters proves to be intimidating for many new boaters.

To moor a boat at a mooring buoy out in open water, you’ll need something to grab hold of the buoy with, such as a boat hook or a line. You can either lasso the buoy with your line and pull your boat towards it to further secure it or use a boat hook to reach out and grab the buoy.

At these types of mooring locations, there will most likely be the mooring anchor, mooring chain, and mooring buoy – all you need to supply is the line or the hook to help your boat attach to the mooring area.

  • mooring anchor – this is a regular anchor in a fixed position that keeps your boat steady while it is being moored. Use one that is three times the weight of your service anchor.
  • mooring chain – this line connects the anchor to the floating buoy. We recommend three times the length of depth, and a quarter-inch larger than your service chain.
  • mooring buoy – a floating device that connects to the anchor and marks the place where the boat is moored.

If you find a vacant mooring anchor and buoy, simply pull up as close to it as possible and attach your line and mooring buoy accordingly – using your lasso technique or the boat hook. If the buoy is not public property, be prepared to vacate at short notice if the owner turns up. To tell if the buoy is strong enough to moor your yacht, consider the size of boats on similar buoys nearby and use your best judgment.

If you have enough hands on-deck, backing the boat up will likely get you close enough to the mooring point via the stern rather than the bow, making things a little simpler, depending on the shape of your boat.

Van Isle Marina offers moorage for boats of all sizes at competitive rates per square foot.

A Word on Rafting Up: Sometimes you might come across boats that are tied together on the water. This is known as “rafting up” and is essentially a boat moored to another boat. It can come in handy when every other moorage station is full, in emergencies, or if you’re just looking to socialize with another boat on the water. If you’re looking to raft up with another boat, whether it’s moored already or you’re both out on the open sea, the proper etiquette is to ask first, and have your fenders in place and an anchor ready to drop.

https://vanislemarina.com/anchoring-mooring-docking/