Neverland Case Study: International Law and U.S. Jurisdiction

Introduction and Scenario Overview

In 1990, the United States ratified a treaty with the sovereign nation of Neverland, at the time ruled by Captain Hook. One provision of this agreement extended the customs waters of the United States to include the territorial waters of Neverland. In 1991, Hook was deposed and fled to the United States to avoid prosecution. Also in 1991, Congress overrode a Presidential veto and passed the Pixie Dust on the High Seas Act, making possession of pixie dust with intent to distribute a U.S. crime. Shortly thereafter, Neverland's new Head of State and the President of the United States signed an executive agreement stipulating that the customs waters of the U.S. would no longer extend to the territorial waters of Neverland.

Last week, the U.S. Coast Guard, citing a "right of approach" on a flagless vessel, seized 4.5 tons of pixie dust and remanded Tinkerbell to the United States, indicting her for possession of a controlled substance with intent to distribute. The country of Neverland objected, citing its membership in the Vienna Convention on the Law of Treaties.

In May 1969, a treaty concerning the international law on treaties was signed between states. Both the United States and Neverland have signed and ratified this agreement, which defines a treaty as "an international agreement concluded between states in written form and governed by international laws." Widely recognized as the primary foundation of all international legal theory since the early 1970s, the Vienna Convention — sometimes called the "Treaty of Treaties" — assures the international community that countries that have signed and ratified agreements are doing so legally, with the intent of honoring their commitments and treating those agreements as part of their own domestic legal doctrine (Vienna Convention on the Law of Treaties 1969).

Chronology of Key Events

Because of the complex chronological nature of this scenario, the sequence of events must be examined carefully:

1990: A treaty with Neverland extending the customs waters of the U.S. to include the territorial waters of Neverland was signed by the President of the United States, ratified by the U.S. Congress, and signed by the legal head of Neverland, Captain Hook. This was a legally binding treaty both nationally and internationally.

1991 (early): The U.S. Senate overrode a Presidential veto and passed the Pixie Dust on the High Seas Act, making it illegal to possess the substance with intent to sell. Under the U.S. Constitution, when Congress overrides a veto, the legislation becomes valid law for all U.S. territory.

1991 (mid-year): The President of the United States and the Neverland Head of State signed an executive agreement rescinding the customs and territorial water provisions of the 1990 treaty. Neverland's waters could no longer be considered an extension of U.S. customs jurisdiction. Under U.S. law, the President holds ultimate authority over foreign policy, and this agreement reflected a legitimate exercise of that authority.

Analysis of U.S. Actions Under International Law

1991 (later): The U.S. Coast Guard seized a vessel in Neverland waters on the grounds that it was not flying a flag. The vessel was boarded and searched, and 4.5 tons of pixie dust was discovered. Tinkerbell was taken into custody and held for eventual trial and prosecution under the Pixie Dust on the High Seas Act.

The basic issue concerns whether the actions of the United States in the scenario described above were legal or illegal under international law. The seizure of the vessel in Neverland waters was, in and of itself, not legal under international law as the statute is written. The U.S. military had no authority to seize a private vessel in Neverland waters, and therefore anything seized would be the product of an illegal search and seizure, rendering it inadmissible in any court. Furthermore, pixie dust is not illegal in Neverland, so the jurisdiction of any U.S. military or legal authority is null and void.

The United States has historically taken the position that the Vienna Convention represents established international law, and when the U.S. signs a treaty, it is generally regarded as binding. However, the Supreme Court's 1957 decision in Reid v. Covert ruled that the U.S. Constitution supersedes international treaties. As a result, most treaties concluded after 1960 include a reservation indicating that the United States intends to abide by the treaty, but that if the treaty violates the Constitution, the U.S. cannot legally comply — a situation that would render the U.S. signature ultra vires (beyond the powers of authority) (Reid v. Covert).

Thus, the United States Coast Guard had no authority to board a private vessel outside its territorial jurisdiction. Pixie dust is not illegal in Neverland, and the flagless vessel carrying Tinkerbell and the pixie dust was not damaging or acting against the interests of the United States in any way. Under U.S. law, "customs waters" means that if a foreign vessel subject to a previous treaty with the U.S. is present in U.S. customs waters, it may by agreement be boarded, examined, and its contents searched and seized pursuant to U.S. law (U.S. Code 1709 — Definitions). However, since the President signed an executive agreement effectively canceling the U.S./Neverland customs water provisions, the vessel, its passengers, and its cargo were not within U.S. jurisdiction at the time of the seizure.

Based on the timeline of events, U.S. domestic law actually plays no decisive role in the legality of this scenario. Since the President signed an agreement declaring that the customs waters of the United States would no longer extend to the territorial waters of Neverland, the U.S. Coast Guard had absolutely no right to seize, inspect, or even board the vessel — let alone confiscate its cargo and detain its passengers. The only conceivable counterargument is that the vessel was not flying a flag and might therefore be classified as a pirate vessel if found in international waters. This argument is problematic, however, because according to the facts presented, the ship was not in international waters but in Neverland's territorial waters.

Conclusion

"U.S. Code 1709 — Definitions." 2010. Cornell University Legal Information Institute. Web. December 2011.

"Vienna Convention on the Law of Treaties 1969." 23 May 1969. UNTreaty.un.org. Web. December 2011.