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Full-Text Articles in Law
Falling Stars And Sinking Ships: How Article Vii Of The Outer Space Treaty Needs Maritime Law, Mckenzie Franck
Falling Stars And Sinking Ships: How Article Vii Of The Outer Space Treaty Needs Maritime Law, Mckenzie Franck
Pace International Law Review
The urge to go where no man has gone before has led to great leaps in space technology that only seemed real in cinema. As more private companies, such as private asteroid mining companies in China, attempt to take this leap, it has become clear that there are significant gaps in international space law regarding liability with private parties. Within Article VII of the Outer Space Treaty, there is a laid-out structure on how states can be held liable for damages caused by celestial bodies. However, the Outer Space Treaty ignores what happens if a private company causes injuries in …
Alone On A Wide Wide Sea: A National Security Rationale For Joining The Law Of The Sea Convention, James W. Houck
Alone On A Wide Wide Sea: A National Security Rationale For Joining The Law Of The Sea Convention, James W. Houck
Penn State Journal of Law & International Affairs
In the face of twenty-first century challenges to military maritime mobility, the question persists as to whether customary international law will remain a reliable foundation for U.S. maritime security interests in the future. To date, the U.S. has successfully conducted military operations sanctioned by the customary high seas freedoms of free navigation and overflight. However, with technological advances and heightened environmental and defense concerns, countries with coastal state interests may demand greater control over their near-shore waters, requiring the U.S. to reconsider its position outside the United Nations Convention on the Law of the Sea (UNCLOS). This article addresses pertinent …
Introduction: The Deepwater Horizon Incident, Charles H. Norchi
Introduction: The Deepwater Horizon Incident, Charles H. Norchi
Faculty Publications
In this symposium, the contributors appraise the regulatory and institutional pathologies that contributed to the incident, offer projections based on current practices and legal frameworks, propose alternative institutional and regulatory approaches, and recommend policies to achieve a preferred future for marine ecosystems and dependent human activity.
Introduction: Twenty-Five Years Of The Gulf Of Maine Judgment, Charles H. Norchi
Introduction: Twenty-Five Years Of The Gulf Of Maine Judgment, Charles H. Norchi
Faculty Publications
An overview and retrospective on the Gulf of Maine Maritime Boundary case. This decision is a milestone in oceans law, and it continues to effect fisheries, oil and gas exploration, alternative energy production, and other issues in Canadian-American relations and beyond.
When International Law Was Made In Maine: The Gulf Of Maine Judgment At 25 Years, Charles H. Norchi
When International Law Was Made In Maine: The Gulf Of Maine Judgment At 25 Years, Charles H. Norchi
Faculty Publications
A retrospective on the Gulf of Maine case and the contribution Maine's lawyers made to it.
The Public Order Of Ports, Charles H. Norchi
The Public Order Of Ports, Charles H. Norchi
Faculty Publications
The OCLJ invited leading authorities to consider a range of maritime port law problems and policies. The ensuring articles treat port "incidents" that implicate and spawn international law including custom, conventions, and agreements and national or municipal law.
Protection Of Shipowners’ Liability Under United States Law And Marine Insurance Practice, Izak Stephanus Fourie
Protection Of Shipowners’ Liability Under United States Law And Marine Insurance Practice, Izak Stephanus Fourie
LLM Theses and Essays
Shipowners are exposed to a variety of risks that are, to a large extent, unique to maritime business. Because of factors like the recent increase in the size and value of ships, increase in marine traffic, enactment of legislation imposing new liabilities, and the tendency of courts to make huge awards to personal injury and death claims, shipowners are exposed to potential losses or claims worth millions of dollars in the event of disaster. These heavy risks led to the establishment of the marine insurance industry, as well as the enactment of legislation that limits shipowners’ liability. This legislation was …
The Boating Boom: Admiralty Jurisdiction Inland
The Boating Boom: Admiralty Jurisdiction Inland
Washington and Lee Law Review
No abstract provided.