Cornell Law School
University of Miami Law School
Yale Law School
Faculty of Law, Monash University
Penn State University
University of Georgia School of Law
World Maritime University
DePaul University
Table Of Contents,
2019
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Nevor V. Moneypenny Holdings, Llc: Availability Of Prejudgment Interest For Mixed Maritime Law And Jones Act Claims,
2019
University of Maine School of Law
Nevor V. Moneypenny Holdings, Llc: Availability Of Prejudgment Interest For Mixed Maritime Law And Jones Act Claims, Adam S. Bohanan
Ocean and Coastal Law Journal
In maritime personal injury cases, courts have traditionally seen prejudgment interest as part of the compensation due to a prevailing plaintiff. The goal of ensuring the fullest compensation possible has long been recognized as a basic principle of admiralty law. However, federal appellate courts are split over whether to award prejudgment interest on a mixed claim under general maritime law and the Jones Act. This Note explores this issue in Nevor v. Moneypenny Holdings, LLC, which was the first time the question had been raised in the First Circuit. The Fifth and Sixth Circuits have held that because prejudgment interest ...
Human Rights Violations Consequent To Transshipment Practices In Fisheries,
2019
University of Maine School of Law
Human Rights Violations Consequent To Transshipment Practices In Fisheries, Chelsey F. Marto
Ocean and Coastal Law Journal
Transshipment, the process of transferring catch from a small fishing vessel onto a larger fishing vessel far off shore, has been used to commit a variety of human rights abuses on the sea. Companies can get away with this because there is little to no oversight over the activities. Yet, there has been little to no incentive to change these practices, because companies are generally not penalized for these actions. The author proposes a variety of tactics be implemented in addressing these concerns. These include imposition of sanctions upon countries who allow for nefarious activities, increased video surveillance on board ...
Marine Renewable Energy Law And Policy In The Bay Of Fundy: The Impact Of Ambiguous Domestic Boundaries In Canada On Nova Scotia's Regulatory Framework,
2019
University of Maine School of Law
Marine Renewable Energy Law And Policy In The Bay Of Fundy: The Impact Of Ambiguous Domestic Boundaries In Canada On Nova Scotia's Regulatory Framework, Esteban Salcedo
Ocean and Coastal Law Journal
Using a legal history methodology, this paper examines existing marine renewable energy law and policy in Nova Scotia with a focus on its application in the Bay of Fundy. This paper critically assesses the current approach to coastal management in light of recent recommendations summarized in the Fournier report. This paper argues that, despite clear calls to develop integrated ocean management and marine spatial planning in policies and regulations, Canada and Nova Scotia have failed to do so because of unclear federal-provincial boundaries. Ambiguous domestic borders in the Bay of Fundy have been at the source of an overly cautious ...
Ten Years Of Economic Analyses For The European Marine Strategy Framework Directive: Overview Of Experiences And Lessons Learned,
2018
Rijkswaterstaat
Ten Years Of Economic Analyses For The European Marine Strategy Framework Directive: Overview Of Experiences And Lessons Learned, Rob Van Der Veeren, Ann Kathrin Buchs, Günter Hörmandinger, Soile Oinonen, Conceição Santos, Max Vretborn
Journal of Ocean and Coastal Economics
The European Marine Strategy Framework Directive, which came into force in 2008, requires from Member States inter alia to perform various (types of) economic analyses. In order to help Member States to implement this directive, the European working group on Economic and Social Analysis was initiated in 2009. This working group has developed various guidance documents which have been very useful in helping each other to understand the Directive and its requirements, to develop one language, to understand the pros and cons of various approaches, and to share experiences. However, up until now, outside of this working group this information ...
The Regime Of Innocent Passage In Disputed Waters,
2018
University of Exeter
The Regime Of Innocent Passage In Disputed Waters, Hitoshi Nasu
International Law Studies
The regime of innocent passage is a well-established body of customary international law. However, when there is a dispute over sovereign entitlement to a territorial sea or its outer limit, the applicability and legal effect of the regime are brought into question. This article considers the applicability of the regime of innocent passage and its legal effect in disputed waters by critically examining the relevant jurisprudence of international courts and tribunals that have dealt with territorial and maritime disputes. The efficacy of the findings from this analysis will then be evaluated from a legal policy perspective in the interest of ...
An Analysis Of The Delegation Of Authority To The Recognised Organisations Acting On Behalf Of The Flag State: A Case Study On The Togolese Flag,
2018
World Maritime University
An Analysis Of The Delegation Of Authority To The Recognised Organisations Acting On Behalf Of The Flag State: A Case Study On The Togolese Flag, N'Hoboutoun Santa
World Maritime University Dissertations
No abstract provided.
Ilo Convention 185 On Seafarers' Identity Document Thirteen Years After Entering Into Force: Analysing Implementation Challenges And Future Outlook,
2018
World Maritime University
Ilo Convention 185 On Seafarers' Identity Document Thirteen Years After Entering Into Force: Analysing Implementation Challenges And Future Outlook, Vera Njeng Ntungwe
World Maritime University Dissertations
No abstract provided.
The Impact Of Ballast Water Management Convention On Seafarers Work Practices,
2018
World Maritime University
The Impact Of Ballast Water Management Convention On Seafarers Work Practices, Phanuwat Phiwphan
World Maritime University Dissertations
No abstract provided.
Iuu Fishing: A Gateway To Transnational Crimes In Jamaica,
2018
World Maritime University
Iuu Fishing: A Gateway To Transnational Crimes In Jamaica, Judy-Ann Icinda Neil
World Maritime University Dissertations
No abstract provided.
Challenges To The Legal Framework Governing Liability And Compensation For Oil Pollution In The Caspian Sea: The Case Of The Republic Of Azerbaijan,
2018
World Maritime University
Challenges To The Legal Framework Governing Liability And Compensation For Oil Pollution In The Caspian Sea: The Case Of The Republic Of Azerbaijan, Ramil Gasimov
World Maritime University Dissertations
No abstract provided.
Assessing The Preparedness Of Stakeholders For The Cabotage Law In Ghana,
2018
World Maritime University
Assessing The Preparedness Of Stakeholders For The Cabotage Law In Ghana, Benjamin Logodam Panlogo
World Maritime University Dissertations
No abstract provided.
Law Library Blog (November 2018): Legal Beagle's Blog Archive,
2018
Roger Williams University
Law Library Blog (November 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
The Updated Icrc Commentary On The Second Geneva Convention: Demystifying The Law Of Armed Conflict At Sea,
2018
International Committee of the Red Cross
The Updated Icrc Commentary On The Second Geneva Convention: Demystifying The Law Of Armed Conflict At Sea, Bruno Demeyere, Jean-Marie Henckaerts, Heleen Hiemstra, Ellen Nohle
International Law Studies
Since their publication in the 1950s and 1980s respectively, the Commentaries on the Geneva Conventions of 1949 and their Additional Protocols of 1977 have become a major reference for the application and interpretation of those treaties. The International Committee of the Red Cross, together with a team of renowned experts, is currently updating these Commentaries in order to document developments and provide up-to-date interpretations of the treaty texts. Following a brief overview of the methodology and process of the update as well as a historical background to the Second Geneva Convention, this article addresses the scope of applicability of the ...
Duty To Render Assistance To Mariners In Distress During Armed Conflict At Sea: A U.S. Perspective,
2018
U.S. Naval War College
Duty To Render Assistance To Mariners In Distress During Armed Conflict At Sea: A U.S. Perspective, Raul (Pete) Pedrozo
International Law Studies
In 2017, the International Committee of the Red Cross published an updated Commentary on the Second Geneva Convention. One question left unanswered by the new Commentary is the relationship between international humanitarian law and other international treaties applicable to the maritime domain, such as the U.N. Convention on the Law of the Sea (UNCLOS) and treaties adopted by the International Maritime Organization (IMO). The Second Geneva Convention establishes a legal framework for the humane treatment and protection of victims of armed conflict at sea—the wounded, sick and shipwrecked. There are circumstances, however, in which the belligerents do not ...
Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia,
2018
St. Mary's University School of Law
Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
The Failure Of International Law In Palestine,
2018
St. Mary's University School of Law
The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Courts Have Gone Overboard
In Applying The Maritime Drug
Law Enforcement Act,
2018
Fordham University School of Law
Courts Have Gone Overboard In Applying The Maritime Drug Law Enforcement Act, Elaina Aquila
Fordham Law Review
The Maritime Drug Law Enforcement Act (MDLEA), enacted through Congress’s power to “define and punish . . . Felonies Committed on the high Seas,” prosecutes individuals for drug trafficking “on board” vessels. Individuals often raise jurisdictional defenses in U.S. courts when prosecuted under MDLEA, and scholarship in the area argues about whether the Constitution permits MDLEA to reach drug traffickers who are on the high seas. Recently, courts have begun using MDLEA to prosecute foreign nationals located in a foreign nation who are not on board a vessel as conspirators. However, no court has fully examined Congress’s authority to enact ...
Hawai'i Wildlife Fund V. County Of Maui,
2018
Alexander Blewett III School of Law at the University of Montana
Hawai'i Wildlife Fund V. County Of Maui, Lowell J. Chandler
Public Land & Resources Law Review
In Hawai’i Wildlife Fund v. County of Maui, the Ninth Circuit held that the plain language of the Clean Water Act provides jurisdiction over indirect discharges of pollutants from a point source into groundwater that is shown to be connected to navigable waters. The court found that studies confirmed pollutants entering the Pacific Ocean were fairly traceable to the County of Maui’s sewage disposal wells. In affirming the district court’s ruling, the Ninth Circuit held that Maui County violated the Clean Water Act by discharging pollutants into a navigable water without the required permit. The court also ...
China’S Artificial Island Building Campaign In The South China Sea: Implications For The Reform Of The United Nations Convention On The Law Of The Sea,
2018
Penn State Dickinson Law
China’S Artificial Island Building Campaign In The South China Sea: Implications For The Reform Of The United Nations Convention On The Law Of The Sea, Adam W. Kohl
Dickinson Law Review
This Comment discusses the United Nations Convention on the Law of the Sea (UNCLOS) with reference to artificial island building in the South China Sea. China recently began an artificial island building campaign in the Spratly Island chain, which is located in the South China Sea. These artificial islands have been the subject of, and have created implications regarding, territorial disputes in the area.
UNCLOS governs international law in the context of disputes among states on the high seas. UNCLOS does have provisions that address artificial island construction and maintenance, but it mistakenly assumes that states will only construct artificial ...
