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Articles 1 - 10 of 10
Full-Text Articles in Law
Mugged Twice?: Payment Of Ransom On The High Seas, Lawrence Rutkowski, Bruce G. Paulsen, Jonathan D. Stoian
Mugged Twice?: Payment Of Ransom On The High Seas, Lawrence Rutkowski, Bruce G. Paulsen, Jonathan D. Stoian
American University Law Review
No abstract provided.
Salvage Awards On The Somali Coast: Who Pays For Public And Private Rescue Efforts In Piracy Crises?, Geoffrey Christopher Rapp
Salvage Awards On The Somali Coast: Who Pays For Public And Private Rescue Efforts In Piracy Crises?, Geoffrey Christopher Rapp
American University Law Review
This paper, a contribution to the "Troubled Waters: Combating Modern Piracy with the Rule of Law" symposium, explores the question of who pays for rescue efforts associated with maritime piracy. The paper explores the availability of admiralty law's salvage awards to governmental and non-governmental actors who intervene to rescue vessels and crew from pirates. Such awards provide an unusual incentive to rescue, traditionally unavailable for land-based rescue, but may raise complicated questions of policy and international law. The paper concludes by comparing salvage awards to a recent trend in American states to adopt "Search and Rescue" expense statutes allowing governments …
Fighting Piracy With Private Security Measures: When Contract Law Should Tell Parties To Walk The Plank, Jennifer S. Martin
Fighting Piracy With Private Security Measures: When Contract Law Should Tell Parties To Walk The Plank, Jennifer S. Martin
American University Law Review
This Article addresses the following question: when should contract law permit parties to discontinue performance under a private security contract aimed to combat piracy? Piracy has been 'on the rise' off Somalia and in East Asia, with serious attacks escalating. Some shipping companies have responded by drafting 'best management practices', hiring security companies to advise on countering the threat and hiring armed or unarmed security protection. After presenting representative factual situations involving pirate attacks, the Article describes the traditional approach to defining the obligations of parties and the performance issues that arise during contractual performance. This approach takes into account …
How Piracy Has Shaped The Relationship Between American Law And International Law, Joel H. Samuels
How Piracy Has Shaped The Relationship Between American Law And International Law, Joel H. Samuels
American University Law Review
No abstract provided.
Rationality, Pirates, And The Law: A Retrospective, Peter T. Leeson
Rationality, Pirates, And The Law: A Retrospective, Peter T. Leeson
American University Law Review
In the late 1720s Caribbean piracy was brought to a screeching halt. An enhanced British naval presence was partly responsible for this. But most important in bringing pirates to their end was a series of early 18th-century legal changes that made it possible to effectively prosecute them. This short paper’s purpose is to recount those legal changes and document their effectiveness. Its other purpose is to analyze pirates’ response to the legal changes designed to exterminate them, which succeeded, at least partly, in frustrating the government’s goal. By providing a retrospective look at anti-piracy law and pirates’ reactions to that …
Foreword, José Luis Jesus
The Post-Medellín Case For Legislative Standing, James A. Turner
The Post-Medellín Case For Legislative Standing, James A. Turner
American University Law Review
No abstract provided.
No Shortcuts On Human Rights: Bail And The International Criminal Trial, Caroline L. Davidson
No Shortcuts On Human Rights: Bail And The International Criminal Trial, Caroline L. Davidson
American University Law Review
No abstract provided.
Americanization Of Discovery: Why Statutory Interpretation Bars 28 U.S.C. § 1782(A)'S Application In Private International Arbitration Proceedings, Jenna M. Godfrey
Americanization Of Discovery: Why Statutory Interpretation Bars 28 U.S.C. § 1782(A)'S Application In Private International Arbitration Proceedings, Jenna M. Godfrey
American University Law Review
No abstract provided.
Countering Persistent Contemporary Sea Piracy: Expanding Jurisdictional Regimes, Joseph M. Isanga
Countering Persistent Contemporary Sea Piracy: Expanding Jurisdictional Regimes, Joseph M. Isanga
American University Law Review
No abstract provided.