Cornell Law Library
Washington University School of Law
Boston College Law School
Trinity College
Taming The Beast: How The International Legal Regime Creates And Contains Flags Of Convenience,
2013
Golden Gate University School of Law
Taming The Beast: How The International Legal Regime Creates And Contains Flags Of Convenience, Eric Powell
Annual Survey of International & Comparative Law
Centuries-old maritime jurisprudence continues to guide the law of the sea today. These baseline understandings are necessary to maintain order of the largest international commons, the sea. The seas’ central role in globalization, though, strains some of this established law. In particular, the question of jurisdiction has become increasingly complex as ships regularly ply every ocean and visit ports in dozens of countries. Many of these ships are actually subject to the exclusive jurisdiction of States with which they have no connection and which have limited incentives to regulate. This paper explores how this jurisdictional non sequitur arose, and when ...
A Mild Winter: The Status Of Environmental Preliminary Injunctions,
2013
Seattle University School of Law
A Mild Winter: The Status Of Environmental Preliminary Injunctions, Sarah J. Morath
Seattle University Law Review
Since the enactment of environmental legislation in the 1970s, the preliminary injunction standard articulated by the Supreme Court for environmental claims has evolved from general principles to enumerated factors. In Winter v. Natural Resource Defense Council, Inc., the Court’s most recent refinement, the Court endorsed but failed to explain the application of a common four-factor test when it held that the alleged injury to marine mammals was outweighed by the public interest of a well-trained and prepared Navy. While a number of commentators have speculated about Winter’s impact on future environmental preliminary injunctions, this article seeks to more ...
The Uncharted Waters Of Cyberspace: Applying The Principles Of International Maritime Law To The Problem Of Cybersecurity,
2013
University of Georgia School of Law
The Uncharted Waters Of Cyberspace: Applying The Principles Of International Maritime Law To The Problem Of Cybersecurity, William M. Stahl
Georgia Journal of International & Comparative Law
No abstract provided.
You're A Crook, Captain Hook! Navigating A Way Out Of The Somali Piracy Problem With The Rule Of Law,
2013
University of Georgia School of Law
You're A Crook, Captain Hook! Navigating A Way Out Of The Somali Piracy Problem With The Rule Of Law, Andrew Michael Bagley
Georgia Journal of International & Comparative Law
No abstract provided.
Inside The Blackwall Box: Explaining U.S. Marine Salvage Awards,
2013
Georgetown University Law Center
Inside The Blackwall Box: Explaining U.S. Marine Salvage Awards, Joshua C. Teitelbaum
Georgetown Law Faculty Publications and Other Works
Under U.S. maritime law, a salvor of imperiled maritime property on navigable waters is entitled to a monetary award from the owner. When the salvage service is rendered voluntarily in the absence of a contract, the court determines the salvage award according to six factors enumerated by the Supreme Court in The Blackwall, 77 U.S. 1 (1869). The law, however, does not specify a precise formula or rule for calculating awards on the basis of the Blackwall factors. How do courts turn their findings on the Blackwall factors into salvage awards? This article addresses this question by examining ...
Legal Aspects Of Mutual Non-Denial And The Relations Across The Taiwan Straits,
2013
University of Maryland Francis King Carey School of Law
Legal Aspects Of Mutual Non-Denial And The Relations Across The Taiwan Straits, Chun-I Chen
Maryland Journal of International Law
No abstract provided.
Maritime Piracy: Changes In U.S. Law Needed To Combat This Critical National Security Concern,
2012
Seattle University School of Law
Maritime Piracy: Changes In U.S. Law Needed To Combat This Critical National Security Concern, Daniel Pines
Seattle University Law Review
Piracy threatens, and has taken, the lives of American crews and civilians. It poses an enormous economic threat, both in terms of ransom payments and impact on global commerce. It enhances political instability in significant regions of the world, such as the Horn of Africa and the Straits of Malacca. Most critically, though, maritime piracy offers an easy and tempting conduit for terrorism. Terrorists have already used maritime options to advance their cause in several dramatic attacks, including the hijacking of a cruise ship (and murder of a Jewish passenger), the ramming of a boat into a U.S. destroyer ...
Overreach On The High Seas?: Whether Federal Maritime Law Preempts California's Vessel Fuel Rules ,
2012
Pepperdine University
Overreach On The High Seas?: Whether Federal Maritime Law Preempts California's Vessel Fuel Rules , Bradley D. Easterbrooks
Pepperdine Law Review
This Comment addresses whether California’s Vessel Fuel Rules, which require all foreign and U.S. flagged vessels traveling within twenty-four miles of California's coastline to use low-sulfur content fuels, is preempted by the Supremacy Clause of the U.S. Constitution. More specifically, this Comment addresses whether the Clean Air Act, the International Convention for the Prevention of Pollution from Ships (MARPOL), the Submerged Lands Act, and/or general principles of federal maritime law prohibit the California Air Resources Board from enforcing its Vessel Fuel Rules against vessels engaged in maritime commerce in navigable waters, particularly waters beyond the ...
The Case Against Maritime Class Arbitration: A Brief Policy Argument,
2012
Pepperdine University
The Case Against Maritime Class Arbitration: A Brief Policy Argument, Landon R. Schwob
Pepperdine Dispute Resolution Law Journal
On April 27, 2010, the United States Supreme Court decided a case that will have far-reaching implications for virtually all sectors within the arbitration industry, including the subject of this article-maritime arbitration. The question presented in Stolt-Nielsen v. AnimalFeeds International Corp. dealt with class arbitration and whether its imposition on parties whose arbitration clauses are silent on that issue is consistent with the Federal Arbitration Act (FAA). This article will primarily examine the history and viability of class arbitration-and arbitration in general-in the far more narrow context of maritime and the admiralty. Stolt-Nielsen provides an excellent backdrop against which to ...
Vol. 42, No. 04 (February 6, 2012),
2012
Maurer School of Law: Indiana University
About Sdlp,
2011
American University Washington College of Law
Duke Law
Continental Shelf Delimitation Beyond 200 Nautical Miles: Approaches Taken By Coastal States Before The Commission On The Limits Of The Continental Shelf, Coalter G. Lathrop
Faculty Scholarship
No abstract provided.
The Somali Piracy Problem: A Global Puzzle Necessitating A Global Solution,
2011
American University Washington College of Law
The Somali Piracy Problem: A Global Puzzle Necessitating A Global Solution, Milena Sterio
American University Law Review
Over the past few years, piracy has exploded off the coast of Somalia. The Somali pirates congregate on a mother ship and then divide into smaller groups that sail out on tiny skiffs. Using potent weapons like AK-47’s and hand-propelled grenades, the Somali pirates then attack civilian ships carrying cargo through the Gulf of Aden, toward South Africa or Asia. Once they have overtaken the victim vessel, pirates typically hijack the vessel’s cargo and crewmembers. The former is often resold to willing buyers (some of which include terrorist organizations like Al Qaeda). The latter are taken to the ...
Mugged Twice?: Payment Of Ransom On The High Seas,
2010
American University Washington College of Law
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?,
2010
American University Washington College of Law
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 ...
Fighting Piracy With Private Security Measures: When Contract Law Should Tell Parties To Walk The Plank,
2010
American University Washington College of Law
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 ...
Physical-Strength Rationales For De Jure Exclusion Of Women From Military Combat Positions,
2010
Seattle University School of Law
Physical-Strength Rationales For De Jure Exclusion Of Women From Military Combat Positions, Maia Goodell
Seattle University Law Review
Women have been serving in the military in steadily increasing numbers for decades. Nevertheless, the military remains one of the few areas in which the U.S. government decides what roles are open to women based on de jure exclusions. This Article examines the law governing de jure classification, noting that a mere normative belief about women’s proper place in society is an insufficient basis to justify a sex-based exclusion. It then probes the most common rationale advanced in support of the continued de jure exclusion of women: physical strength. The Article examines four problems with the physical strength ...
International Law Regime Against Piracy,
2010
Golden Gate University School of Law
International Law Regime Against Piracy, Lawrence Azubuike
Annual Survey of International & Comparative Law
Customary international law prohibited piracy and treated pirates as enemies of human kind. Pirates were considered to have waged war not just against anyone state but all states. As such, pirates were subject to universal jurisdiction by any state. While the prohibition of piracy could, and was easily stated, the contours of the prohibition, including definition of pirates, were not free from controversy. Besides, pirates were not always universally condemned, but instead were sometimes tolerated and employed by states for their own selfish interests. A more important point, though, is that like the infamous slave trade, piracy was believed to ...
The Supremacy Of United States (Maritime) Law Revisited,
2010
Golden Gate University School of Law
The Supremacy Of United States (Maritime) Law Revisited, Andrew Brown
Annual Survey of International & Comparative Law
No abstract provided.
Caracas, 1974: International Regulation Of Ocean Ecology,
2010
Golden Gate University School of Law
Caracas, 1974: International Regulation Of Ocean Ecology, M. Ann Murphy, Betty B. Bennett, Donna M. Ismael
Golden Gate University Law Review
No abstract provided.
