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Full-Text Articles in Law
The Dumping Of The New Carissa: An Analysis Of The Emergency Provisions Of The London Convention, Jill S. Murakami
The Dumping Of The New Carissa: An Analysis Of The Emergency Provisions Of The London Convention, Jill S. Murakami
Washington International Law Journal
The London Convention prohibits the dumping of hazardous materials into the ocean. This prohibition may, however, be suspended in emergencies. The bow of the M/V New Carissa ("New Carissa "), which contained approximately 135,000 gallons of oil, was dumped into the Pacific Ocean under the emergency provisions of the London Convention. An analysis of the dumping of the New Carissa illustrates the weaknesses of these provisions. As written, the provisions are ambiguous and open to varying interpretations. As a result, nations may use the emergency provisions as loopholes to dump substances that they would otherwise be prohibited from dumping, thereby …
Federal Maritime Commission Sanctions On Japanese Carriers: A Call For Fairer Methods Of Resolving Disputes, Randy L. Baldemor
Federal Maritime Commission Sanctions On Japanese Carriers: A Call For Fairer Methods Of Resolving Disputes, Randy L. Baldemor
Washington International Law Journal
On February 26, 1997, the U.S. Federal Maritime Commission imposed sanctions upon Japanese shipping carriers for allegedly restrictive port practices that existed in Japan. The Federal Maritime Commission imposed the sanctions under Section 19 of the Merchant Marine Act of 1920. Section 19 gives the Federal Maritime Commission authority to make rules and regulations where conditions unfavorable to shipping in the foreign trade exist. However, the Japanese Government does not control the port practices in Japan. The Japan Harbor Transportation Authority, a private conglomeration of labor unions, shippers, and other shipping entities in Japan, regulates port practices through collective-bargaining negotiations. …
Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part Iii), Craig H. Allen
Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part Iii), Craig H. Allen
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Collision At Sea: The Irreconcilability Of The Superseding Cause And Pure Comparative Fault Doctrines In Admiralty, Kelsey L. Joyce Hooke
Collision At Sea: The Irreconcilability Of The Superseding Cause And Pure Comparative Fault Doctrines In Admiralty, Kelsey L. Joyce Hooke
Washington Law Review
Courts have long sought to develop rational methods both for limiting a tortfeasor's liability and allocating damages among multiple tortfeasors. Courts developed the doctrine of proximate cause to address the first concern, employing superseding cause analysis when multiple forces produce an injury. In admiralty, the U.S. Supreme Court resolved the second concern by adopting pure comparative fault in . In Exxon Co. v. Sofec, Inc., the Court endorsed the continued use of superseding cause in admiralty cases, holding that it does not conflict with pure comparative fault. This Comment argues that the Sofec Court's method of superseding cause analysis …