(Richard has approved discussing the Treaty on this forum. It applies only to Struggle For Empire Game 1
Historical precedent
Under the doctrine of state sovereignty, a Nation had the right to adhere to its own laws within its own borders and on ships flying its flag. Thus, Nations did not usually have the right to stop and search another Nation's vessels on the high seas. The one universally recognized exception was for acts committed on the high seas that were condemned as acts of piracy and thus outlawed by the law of Nations. In those cases, every Nation had the right to punish certain offences committed onboard ships, regardless of the flag under which the offending ship sailed. By declaring that slavery was a crime against the law of Nations, the offence met the criteria.
In 1841 Austria, Great Britain, Prussia, Russia, and France signed the Treaty for the Suppression of the African Slave Trade, commonly known as the Treaty of London . This was the first multilateral treaty to proclaim the trade in slaves an act of piracy. It provided that each party had the power to stop and search merchant ships in specified zones.
The act applied particularly to the Atlantic Ocean and the Arabian Sea, where most of the slave trading was taking place. If the investigating commander believed that the ship was engaged in the slave trade, he had the right to escort it to the nearest port.
The proposed Treaty builds on this historical precedent with its key principles being:
- right of inspection where a vessel is suspected of being engaged in slave-trade, and
- where evidence is present, vessels can be detained and brought to trial in the nearest port, and
- that said right of search and detention is to be exercised only within stipulated areas ,and
- that if condemned, said vessel becomes the prize of the detaining Nation and any slaves liberated forthwith.
I believe an International Treaty on Slave Trafficking on the High Seas will result in increased prestige for all nations who actively participate in eradicating this foul trade. In addition to the moral benefit, Nations can also enlarge their navies by taking guilty vessels into their own service and by selling the non-human cargo.
The next post is the full draft of the Treaty. Parties are encouraged to discuss and debate the draft however I ask that if you don't like the exact wording, you must suggest your own alternative.
Let the congress begin!
Historical precedent
Under the doctrine of state sovereignty, a Nation had the right to adhere to its own laws within its own borders and on ships flying its flag. Thus, Nations did not usually have the right to stop and search another Nation's vessels on the high seas. The one universally recognized exception was for acts committed on the high seas that were condemned as acts of piracy and thus outlawed by the law of Nations. In those cases, every Nation had the right to punish certain offences committed onboard ships, regardless of the flag under which the offending ship sailed. By declaring that slavery was a crime against the law of Nations, the offence met the criteria.
In 1841 Austria, Great Britain, Prussia, Russia, and France signed the Treaty for the Suppression of the African Slave Trade, commonly known as the Treaty of London . This was the first multilateral treaty to proclaim the trade in slaves an act of piracy. It provided that each party had the power to stop and search merchant ships in specified zones.
The act applied particularly to the Atlantic Ocean and the Arabian Sea, where most of the slave trading was taking place. If the investigating commander believed that the ship was engaged in the slave trade, he had the right to escort it to the nearest port.
The proposed Treaty builds on this historical precedent with its key principles being:
- right of inspection where a vessel is suspected of being engaged in slave-trade, and
- where evidence is present, vessels can be detained and brought to trial in the nearest port, and
- that said right of search and detention is to be exercised only within stipulated areas ,and
- that if condemned, said vessel becomes the prize of the detaining Nation and any slaves liberated forthwith.
I believe an International Treaty on Slave Trafficking on the High Seas will result in increased prestige for all nations who actively participate in eradicating this foul trade. In addition to the moral benefit, Nations can also enlarge their navies by taking guilty vessels into their own service and by selling the non-human cargo.
The next post is the full draft of the Treaty. Parties are encouraged to discuss and debate the draft however I ask that if you don't like the exact wording, you must suggest your own alternative.
Let the congress begin!
Last edited by john_tindall@mlc.com.au on Tue Jun 09, 2009 12:52 am; edited 8 times in total