Trident Law Center Is a construct within the SCI community that deals primarily with issues concerning - Law And Policy.
The Portal also supports research, education, and discussion on legal and policy issues relating to SCI Intranet, Cape Verde 1st, Cape Verde Strategic
Studies Group, The Schola, Trident Marine, SCI Seadog Maritime Security, and CVSSG News. Through a regular program of meetings, publications, and
INTERNET links, this Portal promotes interdisciplinary interaction at all levels, addressing international, national, regional, and state issues encompassing
the SCI/CV1/CVSSG infrastructure.
The Trident Law Center and its staff are not attorneys and cannot give advice regarding a legal situation. We cannot assist you in making a legal
decision or represent you in a court of law. Nothing on this website is to be construed as the giving of legal advice. As a member, an attorney shall be
appointed to you.
The Trident Law Center is a Legal Analytical - Paralegal Service providing SCI, Cape Verde 1st, and CVSSG members with assistance though staff and
TOPICS OF INTEREST;
* INTERNATIONAL TRADE LAW
International law is the term commonly used for referring to laws that govern the conduct of independent nations in their relationships with one another.
It differs from other legal systems in that it primarily concerns provinces rather than private citizens. In other words it is that body of law which is
composed for its greater part of the principles and rules of conduct which States feel themselves are bound to observe, and therefore, do commonly
observe in their relations with each other and which includes also:
(a) The rules of law relating to the function of international institutions or organizations, their relations with each other and their relations with States and
(b) Certain rules of law relating to individuals and non-state entities so far as the rights and duties of such individuals and non-state entities are the
concern of the international community. However, the term "international law" can refer to three distinct legal disciplines Public international law, which
governs the relationship between provinces and international entities, either as an individual or as a group. It includes the following specific legal field such
as the treaty law, law of sea, international criminal law and the international humanitarian law.
Private international law, or conflict of laws, which addresses the questions of in which legal jurisdiction may a case be heard; and the law concerning
which jurisdiction(s) apply to the issues in the case Supranational law or the law of supranational organizations, which concerns at present regional
agreements where the special distinguishing quality is that laws of nation states are held inapplicable when conflicting with a supranational legal system.
The two traditional branches of the field are:
jus gentium — law of nations
jus inter gentes — agreements among nations
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* NON-PROFIT LAW
United States of America non-profit laws relate to taxation, the special problems of an organization which does not have profit as its primary motivation,
and prevention of charitable fraud. Some non-profit organizations can broadly be described as "charities" — like the American Red Cross. Some are
strictly for the private benefit of the members — like country clubs, or condominium associations. Others fall somewhere in between — like labor unions,
chambers of commerce, or cooperative electric companies.
Each Presents Unique Legal Issues.
If an organization is to qualify for tax exempt status, the organization's (a) charter — if a not-for-profit corporation — or (b) trust instrument — if a trust
— or (c) articles of association — if an association — must specify that no part of its assets shall benefit any of persons who are members, directors,
officers or agents (its principals). As well the organization must have a legal, charitable purpose, i.e. The organization must be created to support
educational, religious, or charitable activities. These elements do not mean that the organization cannot pay employees or contractors for work or services
they render to the organization. This limitation means that as long as the organization operates within its exempt purposes and it maintains an endowment
or uses any excess revenue to further develop its activities it will not be taxed by the Internal Revenue Service.
Such a surplus — that is, whatever part of its income is left after its operating expenses are paid — which might be considered similar to "profit" — must
be spent on the charitable or public purpose(s) for which it was organized, not paid as a dividend or benefit to anyone associated with running or
Not only must the organization meet the requirements the state where it is organized sets for non-profits, but it must also meet complex I.R.S.
regulations. These regulations are used not only to determine if the organization is exempt from tax under the organization's activities as a non-profit
organization. If the organization purpose is one of those described in §501(c)(3) of the Internal Revenue Code, it may apply for a ruling that donations to
it are tax deductible to the persons or business entities who make them. The organization itself will be exempt from taxation as long as it does not engage
in unrelated business activities. As well the IRS has enacted intermediate sanctions should the members of the organization engage in practices that may
excessively benefit any of the organizations members (or officers, directors, etc.) rather than revoking the organization's exempt status (which was the
only option available before the adoption of intermediate sanctions) the I.R.S. may now levy a penalty on the organization for engaging in a transaction
that resulted in a private increments or private benefit. See the entry on intermediate sanctions for more detailed information.
Due to differing requirements by the states and the federal government, it is possible to be recognized as a non-profit organization by the state, but not by
the federal government. Such an organization would be exempt from state taxes, but not from federal taxes. This may actually be desirable in certain
limited circumstances. For example, federally tax-exempt organizations are generally prohibited from influencing elections and legislation, whereas the
state may or may not prohibit non-profits from that activity. If you wish to receive grants and donations, it is generally necessary to be a federally
recognized non-profit (i.e. 501(c)3 or similar designation). Contributions made to federally recognized non-profits (such as 501(c)3 entities) would
typically be tax deductible for the person or entity giving the donation. In other words, if the federal court decides that a non-profit organization is acting
contrary to the laws, its taxation benefits may be permanently revoked.
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* ADMIRALTY LAW
The law of admiralty is a complex area of law which, as will be discussed below, goes back to antiquity. It is a classic discipline and, it is said, the only
true body of international law, a lingua franca through which people of different nations can come together to deal with the promise, profits and perils of
voyages at sea. It also includes, however, some recent developments borne out of the economic and environmental challenges of the late twentieth
century. In addition to traditional commercial topics, admiralty can be said to include the laws which regulate the ever increasing recreational boating
activities such as cruising, fishing and racing. Once an elitist sport and lifestyle, yachting has become so widespread as to require government regulation
in all its forms. This article is not meant to provide a comprehensive description of maritime law or specific legal advise on any given topic. Rather, it is a
general overview of the subject which attempts to address both traditional commercial areas, such as carriage of goods, general average and maritime
liens, as well as topics of interest to the yachtsman and recreational boater. We will have reached our goal if this brief discussion can trigger a spark of
interest and introduce the reader to this intriguing and fascinating discipline.
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* EDUCATION POLICY
Education policy refers to the collection of laws and rules that govern the operation of education systems. Education policy analysis is the scholarly study
of education policy. It seeks to answer questions about the purpose of education, the objectives (societal and personal) that it is designed to attain, the
methods for attaining them and the tools for measuring their success or failure. Research intended to inform education policy is carried out in a wide
variety of institutions and in many academic disciplines. Important researchers are affiliated with departments of psychology, economics, sociology, and
human development, in addition to schools and departments of education or public policy. Examples of education policy analysis may be found in such
academic journals as Education Policy Analysis Archives.
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Dedicated To My Father: Mr. Hercilio F. DaSilva (USMM) - Thank You Dad...
The SCHOLA/CVSSG MENTOR PROGRAM