The Ehime Maru Incident and the Law | ASIL
Date: March 05, On February 9, , the Ehime Maru, a fishing The United States government has extended formal apologies to Japan and the is the Dean and Virginia Rusk Professor at the University of Georgia, and is the author. Main · Videos; Eddie dating tracey edmonds online dating · ga asil jap dating · are the main characters in divergent dating games · sci fi povidky online dating. Tonga face Georgia at midday in the opening game of Pool C• Pool D• South Africa begin their campaign in Brighton against Japan in Pool Rugby World Cup live blog where we'll keep you up-to-date with all the Cup history in the starting line up, as year-old Vasil Lobzhanidze starts at scrum half.
March 05, On February 9,the Ehime Maru, a fishing training boat operated by a Japanese high school, was conducting routine operations about nine miles from the Hawaiian Island of Oahu, when it collided with the USS Greeneville, a US nuclear-powered submarine.
The USS Greeneville was conducting an emergency surface drill, with civilian visitors aboard. After the collision, the Ehime Maru sank within ten minutes.
Twenty-six people were rescued, but nine people, including four teenage students, are missing and presumed dead. At this writing, the precise sequence of events leading to the accident has not been ascertained, but fault appears to be attributable wholly to the USS Greeneville.
The United States government has extended formal apologies to Japan and the families of the victims. In this case there are two levels of analysis, international and U. As far as international law is concerned, the incident calls forth the law of State Responsibility, under which a state may be liable for certain harmful acts. Here the determination of responsibility is not difficult.
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Although the chain of events leading to the accident must still be determined, since the USS Greeneville is a U. Compensation must be paid to the families involved, but how much? Arguably, American law should be used as a measure, but here the sum would be in dispute see below. The doctrine of restitutio in integrum would also mandate payment of the replacement value of the vessel to the owners of the Ehime Maru, but the Japanese are asking that the vessel be raised, if only to recover the remains of the deceased and their personal effects.
It is not always feasible to carry out "restitution in kind. In the Chorzow Factory Case,2 involving a claim by Germany against Poland arising out of the expropriation of a factory, the Permanent Court of International Justice held that: Similar traditions are found even in the West: International law does recognize the duty of a state to remedy a non-material loss.
For example, in the Janes claim4 the award included a sum to compensate for "indignity" caused by the failure of the Mexican government to pursue the murderer of an American citizen.
- Energy Subsidies and the World Trade Organization
- inspired engineering
In the Rainbow Warrior incident involving New Zealand and France, the remedy included an agreement that the agents responsible for the sinking of the Rainbow Warrior be imprisoned for a period of time. Most of these disputes turn on the legality of requirements in government programs that renewable energy producers use domestic inputs in order to qualify for government support.
The Ehime Maru Incident and the Law
These requirements, largely absent from fossil fuel subsidies programs such as dual pricing, potentially violate a number of WTO rules because they discriminate against imports in favor of domestic products.
The first such dispute was filed by Japan, later joined by the EU, in against Canada. Japan and the EU challenged a feed-in tariff program established by Ontario. The dispute centered on Ontario's decision to require the use of domestically-produced equipment for renewable energy generation facilities if such facilities wished to receive guaranteed prices under Ontario's Feed-In Tariff Programme.
Japan alleged that the domestic content requirements violated the rule in article III: The United States alleges that the NSM program requires solar power generators in India to use solar cells and modules of domestic origin in order to qualify for benefits in the form of long-term tariff rates for electricity, in breach of the same provisions at issue in Canada - Renewable Energy.
In its filing, India identified five state and local renewable energy programs that raise concerns: A second string of disputes involves China.
In December the United States requested consultations with China regarding domestic content requirements for Chinese government programs offering grants, funds or awards to enterprises manufacturing wind power equipment the EU and Japan later requested to join the consultations.
With respect to wind, in December and Januaryrespectively, the U. Commerce Department and International Trade Commission ITC issued final rulings necessary to permit the Commerce Department to impose anti-dumping and countervailing duties on Chinese and Vietnamese imports of wind towers.
On November 8,the EC took action on the complaint by launching an anti-subsidy i. Solar glass is used primarily but not exclusively in the making of solar panels. On July 27, the European Union announced it had a reached a tentative settlement with China over the solar panel dispute that would impose a minimum price on Chinese solar panels.
This development is significant because it means that the politics of renewable energy subsidies programs may make them more vulnerable to WTO challenges than fossil fuel subsidies. As climate change negotiations have faltered, political support for climate-friendly measures, especially in countries not party to the Kyoto Protocol such as the United States and Canada, have shifted to local and regional governments.
National governments may not be in a position to oversee the design of subsidies programs by local and regional governments. And while WTO members are of course responsible for the actions of local and regional governments, such subnational governments are likely to be less aware of WTO rules restricting domestic content requirements. Climate-friendly subsidies thus risk being targeted at the WTO precisely because such measures are more frequently designed by local policymakers eager to provide benefits to constituents and unschooled in ensuring their program's WTO-compatibility.
Fossil-fuel subsidies, by contrast, are often national policies.
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They are therefore more likely to take into account WTO rules in their design and to have the diplomatic backing of their governments in deterring WTO challenges. The application of WTO subsidies rules to energy thus risks discouraging subsidies for renewable energy development while doing little to reduce the remaining support for fossil fuel subsidies. Conclusion The existence of domestic content requirements in renewable energy programs is likely a political condition for passage by governments that wish to show that they are not subsidizing foreign investors.