Law of the Sea Commons^™

The Error Of The Paquete Habana: U.S. Naval Forces In The Safe Harbor Of Commander-In-Chief Discretion And The Law Of War, T. Nelson Collier

St. Mary's Law Journal

Abstract forthcoming.

Enclosure Of The Oceans Versus The Common Heritage Of Mankind: The Inherent Tension Between The Continental Shelf Beyond 200 Nautical Miles And The Area, Michael W. Lodge

International Law Studies

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) is a major achievement of diplomacy in the late twentieth century and is rightly regarded as the “constitution for the ocean.” UNCLOS has withstood the test of time and has demonstrated its flexibility and adaptability to changing circumstances. Notwithstanding, there is an underlying tension at the heart of UNCLOS as it tries to reconcile two fundamentally different approaches—the exclusivity of coastal State jurisdiction versus the international character and shared space of the Area beyond national jurisdiction. As the search for mineral deposits in the Area intensifies, and as …

تقرير عن مؤتمر حماية البيئة - د. حسين يوسف غنايم, Dr> Hussein Yousef Ghanayem

UAEU Law Journal

No abstract provided.

Judicial Development Of The Concept Of An "Arrived Ship", Prof. Abdulla Hassan Mohammed

UAEU Law Journal

For the basic problem of the arrived ship is economic. The day-to­ day running costs of a large vessel are extremely high. If. therefore, a vessel is kept waiting in the area of the port named as the destination in the charter party because of congestion in the port, it becomes a matter of contention whether this cost is to be borne by the ship-owner or the charterer. If it is to wait at the ship owner’s expense he will endeavor to secure that this risk is covered in the freight rate that he charges. If it is to wait …

Covid-19 Impacts: How A Global Pandemic Amid The Sunsets Of The Ptc And Itc Made The U.S. Wind And Solar Industries More Resilient, Kimberly E. Diamond

Fordham Environmental Law Review

A cataclysmic event is sometimes the necessary catalyst for companies within certain industries to re- examine, radically shift, and replace their standard practices with technologically-advanced alternatives. In the United States, the occurrence of the Coronavirus pandemic (“COVID-19”) during the sunsets of the Production Tax Credit (“PTC”) and the Investment Tax Credit (“ITC”) created a unique confluence of factors that produced a perfect storm tantamount to such a cataclysmic event for companies in the wind and solar industries, particularly developers. Over the years, the domestic utility-scale wind industry has come to rely heavily upon the PTC, while the domestic utility- scale …

Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell

Fordham Environmental Law Review

The criminal prosecution of defendants that violate federal clean water laws has been ongoing for roughly four decades. Yet, we continue to have a poor understanding of how federal prosecutors use the U.S. Clean Water Act (“CWA”) to charge and prosecute criminals and the outcomes of those prosecutions. We use content analysis to analyze 2,588 federal criminal prosecution case summaries, 1983-2019, to gain a better historical understanding of how the CWA has been used as a prosecutorial tool, to bring out the major themes in the prosecutions, and quantify sentencing outcomes. Findings from the 828 CWA prosecutions undertaken during this …

Red Tide: A Blooming Concern For Florida Manatees, Shannon Price Esq.

Fordham Environmental Law Review

Although red tides are a common and natural occurrence around the coast of Florida, within the last few decades they have intensified and become much more deadly. Several identifiable human-caused factors exacerbate the size, concentration, and duration of the harmful algae bloom and disturb the environment’s natural balance. The Florida Gulf Coast provides all the algae’s necessary requirements for survival, the perfect storm to create a resilient super bloom that annihilates its host ecosystem.

This article explains the plight of Florida manatees who, like other marine animals and plants, are being injured or killed by this algae crisis. It also …

"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller

Fordham Environmental Law Review

The consequences of climate change seriously and immediately threaten the American way of life, but proposed federal legislation like the Green New Deal is overly broad, unrealistic, and inefficient. The most effective way for the United States to combat climate change is not with a one-size-fits-all plan like the Green New Deal, but with federal legislation that incentivizes states and cities to enact and enforce individualized, local climate legislation. Different states and cities have different climates, available energy sources, and transportation needs, so the federal government should use financial incentives to encourage states and cities to pass tailor-made bills and …

The Use Of Regular Militaries For Natural Disasters After A Major Event Where The Military Was Seen As A Failure - The Somalia Effect In The Age Of Black Lives Matters And Covid-19, Donald D.A. Schaefer

Fordham Environmental Law Review

This is written as a continuation of Dr. Schaefer’s recent article entitled, “The Use of the Regular Militaries for Natural Disaster Assistance: Climate Change and the Increasing Need for Changes to the Laws in the United States, China, Japan, the Philippines, and Other Countries.” 2 Perhaps few other areas have affected so many people than the Covid-19 pandemic. Coupled with this has been the struggle over the use of force by the military and police in the age of “black lives matters” and the movements that have been transpired as a result. With the increased global warming likely to continue …

The Role Of The Foreign Cause In The Exemption Of The Marine Carrier From Liability In Accordance With The Rotterdam Rules: A Comparative Legal Study, Mohamed Sayed Harb

UAEU Law Journal

The research revolves around the role of the foreign case in exempting the maritime carrier from liability according to Rotterdam Rules, through which we study the position of the Rotterdam Rules on the foreign cause compared to Egyptian, French and Saudi law. Accordingly, we deal with the definition of the foreign cause and its cases that are consistent with the subject of the study, As well as clarify the extent of the authority maritime carrier to foreign cause to exclude its liability for damage or loss of goods or damage caused by delays in delivery; Beside examine the impact of …

Maritime Collision Under Uae Maritime Law A Comparative Study, A Hassan M

UAEU Law Journal

Despite the vastness of the seas and oceans, and in spite of the technical developments in marine navigation, many maritime collisions among ships and tankers occur. These collisions may be due to various reasons such as the enormous size of modern tankers and ships as well as the high navigation speeds they travel at. However, in our opinion, human error is the main reason behind such collisions.

The result of maritime collisions maybe fatal and may cause enormous financial loss, and in the case of petrol tanker collisions enormous beach and sea pollution maybe the result. Such maritime collisions may …

What Constitutes A “Unit” Or “Package” In Bills Of Lading? )*( A Study Of American, English, Kuwaiti And Emirati Decisions, A Hassan M

UAEU Law Journal

In 1924, the Hague Rules were adopted. The purpose of the Rules was to establish a standardized set of definitions and rules to govern the terms and conditions used in ocean bills of lading. One of its unique provisions limits a carrier's liability for lost or damaged cargo on a “per package or unit” basis; however, the said Rules failed to define the term “package” and “unit” which lead to disputes between carriers and shippers. To resolve their differences, both shippers and carriers heavily litigated the issue of what a “package” and “unit” is for purposes of limiting a carrier's …

Containerized And Palletized Cargo, A Hassan M

UAEU Law Journal

Containerization and Palletization revolutionized the non-bulk and non­liquid carriage of goods trades at sea and changed the simple concept of ‘package’ as the term was probably understood in 1936. Industry began to ship goods, either banded together on pallets or packed in trailer-like containers to be loaded, stowed and unloaded as a ‘unit’. Often the goods being banded or packed were themselves ‘packages’ in the traditional sense of the word. Modern containers are able to hold hundreds of "packages". The very concept of a cargo-hold was transformed when vessels were retrofitted to hold containers, which functionally became part of the …

Maritime Privileges A Study Of Omani And English Law, A Hassan M

UAEU Law Journal

This article compares and analyses maritime liens in Omani and English law. The maritime lien is a unique security existing only on the ship and the freight. It entitles the claimant to a privileged right in a ship. The most important characteristic about the maritime lien is that it comes into existence automatically, without any cause if an action being taken by the claimant such as registration, and, in principle, follows the ship wherever she sails in the world.

Maritime liens secure claims for salvage, seamen's wages, master's wages and disbursements and damage done by ships in both Omani and …

Joint Loss (General Average), A Study Of Emirati Law, York-Antwerp Rules And English Law, A Hassan M

UAEU Law Journal

The rules concerning general average are amongst the oldest in the maritime field. They have their basis in the fact that, during a voyage, the ship, cargo and freight form part of a common venture. The principle underlying the rules is simple. If the common venture comes under threat during a voyage - for instance, because the ship springs a leak and is in danger of sinking - then extraordinary sacrifices and expenditure necessary to prevent the loss of the venture must be apportioned according to the value of each respective interest.

The rules on general average have developed over …

Navigating The Blue Economy, Edward Canuel

William & Mary Environmental Law and Policy Review

The time has come, the Walrus said,

To talk of many things:

Of shoes—and ships—and sealing-wax—

Of cabbages—and kings—

And why the sea is boiling hot—

And whether pigs have wings.

And like the conversation of the Walrus and Carpenter walking along the “wet as wet could be” sea, the blue economy offers us the opportunity to talk of many things. Part I of this Article analyzes what the blue economy is and its relevance. Governance mechanisms, including ecosystem-based management and marine spatial planning are introduced and reviewed. The section discusses the benefits associated with such mechanisms, including streamlined decision-making, …

Ship Mortgage: A Comparative Study Of English And Emirati Law, A Hassan M

UAEU Law Journal

Maritime exploitation requires large sums of money. It is the means or methods resorted to by ship companies to obtain the necessary funds for maritime exploitation is mortgage of the ship. The UAE Maritime Law addressed the maritime mortgage in Articles 97 to 114.

This research aims to shed the light on the maritime mortgage system under UAE law by comparing it with the English law which is considered the most advanced law in this area.

Term Condition In Marine Insurance Of Goods In Light Of The Latest Version Of The Terms Of Marine Insurance: A Comparative Study Between The Jordanian And British Laws, Mahmoud M. Ababneh

UAEU Law Journal

This paper aims to investigate the Term clauses in the marine cargo insurance contract as manifested in the new version issued by the Institute of London Underwriters and Lloyds committees in 2009. The importance of this research comes from the fact that most of the Arab Marine Insurance market, including Jordan, using the Institute Cargo Clauses for insuring the goods is shipped by sea. The term of the insurance cover is a corner stone in the marine insurance contract as it provides the commencement and the cases where the insurance terminates. The complicated dispute between the two parties of the …

The Conserv Atory Arrest Of Ships – A Study Of Emirati Maritime Code, A Hassan M

UAEU Law Journal

Since a ship is movable and at the same time a very high-priced asset, a ship owner in debt may be very tempted to move it outside a creditor's reach. Fortunately, for the creditor there exist a legal mechanism that hinders this, it is referred to as “arrest of ship”. The purpose of this paper is to outline the current legal position in UAE regarding conservative ships arrest and to discuss the specific problems faced within this topic.

Liability Of The Maritime Carrier Towards Passengers, Belal A. Badawy

UAEU Law Journal

Transport is undoubtedly of great importance in passenger’s lives. Not only because it is a legal phenomenon, but also a socio-economic phenomenon across all societies.

This search deals with this topic; it is divided into two sections, the first deals with Cases of the Passengers Carrier’s Liability and its Basis, while the second deals with Area of Responsibility of the Maritime Carrier of Passengers under both of the Egyptian Law and Athens Convention relating to the Carriage of Passengers and their Luggage by Sea.