Topic: fact Pattern / Cook Case

Description

Answer the following questions of the fact pattern using, Cook case attached.

In 1922, the United States Congress passes a law, (a domestic statute) the Customs Act, which permits coast guard officials to board and search all vessels which are found up to fifteen miles from the coast. This is during the time of prohibition.
In 1924, the President signs a treaty, which is not ratified by the Senate. One of the terms of the treaty states that the United States government agrees that it will not
search or seize British ships beyond a distance of three miles from the coast.
The British sailing ship, the ‘Stephen Ross’, was located four miles from the coast of the United States. It was seized in April of 1925. It is carrying liquor that has neither been stored nor invoiced properly.

1)Using the principles of the Cook case ( attached), will this be a ‘legal’ seizure?

2)How will an American court resolve this conflict?

3)Also, is there an argument that the lawyers representing the British ship can argue in 1925 concerning customary international law? How will the U.S. court resolve this?

4)Please assume the same facts however in March of 1925 the Senate ratifies the 1924 Treaty with the United Kingdom. The Court deems this treaty to be a non-self-
executing treaty. Will the seizure of the ‘Stephen Ross’ be considered a legal seizure?

Type of service-Academic paper writing
Type of assignment-Essay
Subject-Not defined
Pages / words-3 / 825
Academic level-Sophomore (College 2nd year)
Paper format-MLA
Line spacing-Double
Language style-US English

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