#Bestof2022: White Elephants that float: #Ukraine: Seizing yachts; & What is to be done? Richard A Epstein, @RichardAEpstein, @HooverInst, Tisch Professor of Law NYU Bedford Senior Fellow; Hoover Institution; senior lecturer, University of Chicago Law S
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John Batchelor
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🗓️ 7 April 2023
⏱️ 7 minutes
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#Bestof2022: White Elephants that float: #Ukraine: Seizing yachts; & What is to be done? Richard A Epstein, @RichardAEpstein, @HooverInst, Tisch Professor of Law NYU Bedford Senior Fellow; Hoover Institution; senior lecturer, University of Chicago Law School.
(Originally posted June7, 2022)
https://www.msn.com/en-us/money/news/russian-superyacht-docked-in-national-city-costs-1m-per-month-to-maintain/ar-AA19u7wf
Transcript
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| 0:00.0 | This is CBS Eye on the World. I'm John Batcher with Professor Richard Epstein of the Hoover |
| 0:09.8 | Institution who does me the favor to comment on a phenomenon that we witness during these |
| 0:15.2 | days of Ukraine crisis, the seizure of fantasy yachts across the European plane. I have in |
| 0:23.2 | front of me the named yachts, odd names, United Kingdom detained the yacht belonging to |
| 0:29.3 | an unnamed Russian businessman or authorities in Gibraltar have detained the yacht linked |
| 0:34.6 | to a Russian billionaire Dmitry Pompionsky or Spanish authorities have detained a super yacht |
| 0:40.7 | named Crescent in the port of Taragonia. It goes on Italian authorities, French authorities, |
| 0:46.4 | seizing yachts and connection with oligarchs who are connected to Vladimir Putin who is said to |
| 0:53.7 | be responsible for the illegal conduct of the Russian military in Ukraine. Fine. However, |
| 1:00.4 | the question I put to the professor and he's very kind to come forward on this is these seizures. |
| 1:07.1 | It strikes me that these are actions of NATO and if that's true, US is part of NATO. Does the |
| 1:14.2 | US have power as we're witnessing our European allies to seize yachts in a marina or on the high |
| 1:22.3 | seas. This of course suggests that romantic concept of the letters of Mark taking us to the |
| 1:26.8 | Napoleonic Wars. But in any event the seizing of ships in lieu of punishment in lieu of damages |
| 1:34.8 | strikes me as needing some justification, some legal bounds. Is that correct Richard? It needs legal |
| 1:42.5 | boundaries. Well, I mean let's put it this way certainly needs a close illegal analysis. But one |
| 1:47.8 | of the things that we have discovered is that the original constitutional structure which says |
| 1:52.8 | Congress out the power to declare war and to issues rich of Mark and reprisal. A rid of Mark is |
| 1:59.7 | essentially authorised as a private tier to attack a nation with which you are at war, stress, |
| 2:05.5 | at war and to interrupt and to seize their shipping and then you bring it back to a price court in |
| 2:11.0 | the United States and it could be awarded to you. The advantage to the United States and it |
| 2:16.3 | doesn't have to equip the Navy in order to do this. The advantage to the private tiers, he gets |
... |
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