Case Study on "Neverland in 1990"

Case Study 4 pages (1429 words) Sources: 4

[EXCERPT] . . . .

Neverland Case Study

In 1990, the United States ratified a treaty with the sovereign nation of Neverland, at the time, ruled by one Captain Hook. One of the provisions of this agreement provided for the extension of the customs waters of the United States to include the territorial waters of Neverland. In 1991, Hook was deposed, and fled to the United States to avoid prosecution. Also in 1991, Congress overrode a Presidential Veto and passed the Pixie Dust on the High Seas Act, making the possession of pixie dust with the intent to distribute a U.S. crime. Shortly thereafter, Neverland's new Head of State and the President of the United States signed an executive agreement agreeing that the customs waters of the U.S. would no longer extend to the territorial waters of Neverland. Last week, the U.S. Coast Guard, citing a "right of approach" on a flagless vessel, seized 4.5 tons of pixie dust and remanded Tinkerbell to the United States, indicting her with possession of a controlled substance with intent to distribute. The country of Neverland objected to this citing that they are a member of the Vienna Convention on the Law of Treaties.

Part 1 -- Analysis of U.S. actions under international law- In May 1969 a treaty concerning the international law on treaties was signed between states. Both the United States and Neverland have signed and ratified said treaty, defining a treaty as "an international agreement concluded between states in written form and governed by international laws" -- or, for most nations, the "Treaty of Treaties," widely recognizes as the primary foundation of all international legal theory since the early 1970s. Essentially, the Vienna Formula assures the international community that countries that have signed and ratified agreements are doing so legally, with the intent of keeping their agreements, and treating the agreements as part of their own legal doctrine dealing with treaties and international law (Vienna Convention on the Law of Treaties 1969).

The basic situation revolves around the actions of the United States in the abovementioned scenario in terms of their legality or illegality under international law. Because of the complex chronological nature of the scenario, we must first examine timing of events:

1990 -- A treaty with Neverland extending customs waters of the U.S. To include territorial waters of Neverland was signed by the President of the United States, ratified by the U.S. Congress, and signed by the legal head of Neverland, Captain Hook. This was a legally binding treaty both nationally and internationally.

1991 -- The U.S. Senate overrode a Presidential Veto and passed the "Pixie Dust on the High Seas Act," which made it illegal to provide the substance with the intent to sell. Under the U.S. Constitution, if the Senate overrides a veto, the law is valid for all U.S. territory.

1991 (early) -- The President of the United States and the Neverland Head of State sign an Executive Order rescinding the customs and territorial water issues with Neverland. No longer can Neverland waters be considered International, or extensions of the U.S. In U.S. law, the President has ultimate authority over foreign policy, thus defining what is best for the national interest.

1991 (later) -- The U.S. Coast Guard seizes a vessel in Neverland waters, based on it not flying a flag. The vessel was subsequently boarded and searched, and 4.5 tons of Pixie Dust was found. Tinkerbell, of the vessel, was taken into custody and held for eventual trial and prosecution under the Pixie Dust on the High Seas Act, which in and of itself is not legal in International Law as it is written. The U.S. military had no authority to seize a private vessel in Neverland waters, and therefore anything seized would be part of an illegal search and seizure act, and be inadmissible in any Court. Further, Pixie Dust is not illegal in Neverland, so the jurisdiction of any U.S. military or legal authority is null and void.

In fact, The United States has taken the position that the Vienna convention represents established International Law. When the U.S. signs a treat, it is generally seen as binding. However, a 1957 Supreme Court Case (Reid v. Covert) ruled that the Constitution supersedes international treaties., so most treaties post 1960 add a reservation that… READ MORE

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