Is this even legal?
300 miles out in international water? "Unflagged"
small boat? What if it was "unflagged" in the South China sea? Seems like over-reach ti me.
small boat? What if it was "unflagged" in the South China sea? Seems like over-reach ti me.
In international waters, if you're flying a Russian flag, it means that a US navy ship that wanted to stop you would ask the Russians for permission first. If the Russians tell them your ship isn't really registered there, that's good enough for permission. In effect your flag is fake.
The only way in which this incident seems to depart from the norms, is that normally when the Coast Guard or Navy wants to stop an unflagged ship in international waters, they'd first radio and ask the ship to identify itself, thus giving its crew a chance to raise a flag if it has one. That's what they should have done, and in practical terms it would only have delayed the seizure. Once the ship hoists an Ecuadorian flag, they ask Ecuador for permission. If Ecuador says no, they either wait until the ship enters national waters, or with sufficient reason they go ahead anyway (which is an act of war, but do you really think Ecuador is going to declare war on the United States for seizing a boat full of drugs?)
out in the water? (Although formerly in the Naval
Reserve, I do not claim to have any special ex-
pertise on this question).
I am taking our boat, The Taggart Express, homeported in San Francisco, to the Farralons. Once outside of the 3 mile limit, I hoist a Russian flag. Does that make my boat Russian territory? If boarded by the Coastie Toasties, can I seek redress by the nation under which the flag is flying?
Or even better... I hoist the flag of some nation declared "rogue" by the dotgov (Syria? Somalia? North Korea?) when I cross the boundary, but then on recrossing it going home drop said "rogue" standard and hoist a US standard?
As the song says (in American English)... We are the world...
At issue is a technicality of whether or not a tiny flag painted on the hull constitutes "flying one's colors" under admiralty law. I have to agree with the court's determination in this case, however, that one's colors must be prominently displayed or the vessel can be seen as rogue.
With the fishing I do it is not too uncommon for the Mexican Navy to board our boats and hold us at gunpoint while they go through our stuff. And, we fly the American flag on permit to fish there.
Every nation is just a tax farm, really. Or, graft farm...
There is no rule of law, only force at gunpoint delivered by the fedgov against anyone that has property worth stealing.
Coast guard, Immigration, Customs and Border Patrol need no warrant to board and search a boat. That started in 1786 or 87.
They also have extra constitutional authority for a hundred miles from any border or coastline.
Then there is the Patriot Act in it's latest version whatever that is....the parts you get to read and the parts you don't get to read.