Download PDF by Gayle Rinot, Yoram Dinstein, Fania Domb: Israel Yearbook on Human Rights (Volume 37: 2007)

By Gayle Rinot, Yoram Dinstein, Fania Domb

ISBN-10: 9004162984

ISBN-13: 9789004162983

ISBN-10: 9047423488

ISBN-13: 9789047423485

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15 An attempt to ship WMD into a port would attract the jurisdiction of the port State, and enforcement action against the ship could be taken inside the port by local authorities. Even if the offending vessel is sovereign immune, it can be asked to vacate the port and the territorial waters of the port State, and must comply in an expeditious fashion, and giving rise to a valid claim for damages against the flag State for any breaches of the law of the port State committed by the vessel. 16 Port States can also close the port to international traffic, or refuse vessels entry for failure to comply with entry requirements.

Eldridge, 33 a weighing of “‘the private interest that will be affected by the official action’ against the Government’s asserted interests, ‘including the function involved’ and the burdens the Government would face in providing greater process”. nsf/html/afghanistan-interview-040506. CIHLS, supra note 12, Rule 128. S. Const. Art. I, § 9. C. §§ 2241, 2243, 2246. Hamdi v. Rumsfeld, supra note 4, at 527. Mathews v. S. 319 (1976). Hamdi v. Rumsfeld, supra note 4, at 529, citing Mathews, supra note 33, at 335.

1, 1997, at para. 1-6. Hamdi v. Rumsfeld, supra note 4, at 538. , dissenting in part). , at 551. THE UNITED STATES SUPREME COURT AND DETAINEES 43 war against the United States are traditionally (and pursuant to the Constitution 44) prosecuted for treason or other offences. If armed conflict renders prosecution impossible or impractical, Congress may suspend the oversight attendant in the writ of habeas corpus. 45 Since the AUMF did not amount to a suspension, and because mere military exigency is insufficient to justify detention without charge, they would have reversed.

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Israel Yearbook on Human Rights (Volume 37: 2007) by Gayle Rinot, Yoram Dinstein, Fania Domb


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