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
This section addresses failure to comply with international law as a defense. It sets the rules stated in the explanation.
A person charged under section 70503, or facing a civil case under section 70508, may not raise failure to follow international law as a defense. Only a foreign nation may make that claim. Such a failure does not remove a court’s jurisdiction and is not a defense in a case under this chapter.
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.)
- 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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