46 U.S.C. § 70505 — Failure to comply with international law as a defense

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 92 words · no verdicts yet

in plain englishAI-generated · not legal advice

Someone charged under section 70503, or facing a civil case under section 70508, can't defend themselves by claiming the U.S. broke international law. Only a foreign nation can raise that claim. Breaking international law doesn't remove a court's jurisdiction or provide any defense under this chapter.

A person charged with violating section 70503, or facing a civil enforcement case under section 70508, cannot raise a claim that the U.S. failed to comply with international law as a defense — they have no standing to do so. Only a foreign nation may raise a claim that international law was not followed in enforcing this chapter. Even if international law was not followed, that does not take away a court's jurisdiction, and it is not a defense to a case under this chapter.

the actual law source: uscode.house.gov ↗public domain

A person charged with violating section 70503 of this title, or against whom a civil enforcement proceeding is brought under section 70508, does not have standing to raise a claim of failure to comply with international law as a basis for a defense. A claim of failure to comply with international law in the enforcement of this chapter may be made only by a foreign nation. A failure to comply with international law does not divest a court of jurisdiction and is not a defense to a proceeding under this chapter.

Source credit: (Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat. 1688; Pub. L. 110–407, title II, § 202(b)(3), Oct. 13, 2008, 122 Stat. 4300.)

history & why it existsrecord from the source credit

2006Enacted · Pub. L. 109-304 · 120 Stat. 1688
2008Amended · Pub. L. 110-407 · 122 Stat. 4300

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.

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