Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
From Cutlass To Cat-O’-Nine Tails: The Case For International Jurisdiction Of Mutiny On The High Seas, George P. Smith Ii
From Cutlass To Cat-O’-Nine Tails: The Case For International Jurisdiction Of Mutiny On The High Seas, George P. Smith Ii
Scholarly Articles
This article will first discuss the historical background of mutiny, describing several of the major mutinies at sea that have been of interest to legal historians. Then will come an analysis of the history of piracy and an exploration of its symbiotic relationship with mutiny. Subsequent analysis will be given over to municipal law provisions outlawing mutiny - with concentration placed on the postures taken by those nation-states which subscribe to or are guided by the common law. A study of those relevant principles of international law regarded as controlling, as a consequence of historical vectors of force and municipal …
Regulatory Reform In The Ocean Shipping Industry: An Extraordinary U.S. Commitment To Cartels, George E. Garvey
Regulatory Reform In The Ocean Shipping Industry: An Extraordinary U.S. Commitment To Cartels, George E. Garvey
Scholarly Articles
This article explores the historical basis for and nature of the existing regulatory model for the U.S. shipping industry, the reasons suggested for the changes under consideration, and the possible impact of the proposed changes. The article concludes that the primary justifications for continued regulation of ocean shipping are flawed and thus require more serious consideration than is likely to occur through the legislative hearing process. Alternatively, if the changes are imperative politically, the facts suggest efficient U.S. liner companies are likely to thrive in a more competitive regime. More radical deregulation than Congress has considered seriously, therefore, might be …
Equity And Admiralty: A Turbulent Path To Manifest Destiny, George P. Smith Ii
Equity And Admiralty: A Turbulent Path To Manifest Destiny, George P. Smith Ii
Scholarly Articles
This article will survey pre- and post-unification judicial decisions on the breadth of equitable powers available to courts in admiralty. By so doing, it will attempt to glean an understanding of those areas perceived to be problem areas and assess the continued viability and desirability of the restrictions on admiralty courts. The article first explores the historical origins of the restrictions under the English and early American legal systems." The article proceeds to describe the judicial developments during the 20th century which have helped to perpetuate the distinctions between equity and admiralty under the guise of the "Schoenamsgruber Doctrine." Finally, …
The Concept Of Free Seas: Shaping Modern Maritime Policy Within A Vector Of Historical Influence, George P. Smith Ii
The Concept Of Free Seas: Shaping Modern Maritime Policy Within A Vector Of Historical Influence, George P. Smith Ii
Scholarly Articles
No abstract provided.
The Politics Of Lawmaking: Problems In International Maritime Regulation: Innocent Passage V. Free Transit, George P. Smith Ii
The Politics Of Lawmaking: Problems In International Maritime Regulation: Innocent Passage V. Free Transit, George P. Smith Ii
Scholarly Articles
Free transit and innocent passage as internationally recognized maritime rights present few problems. Complexities arise when some states - dissatisfied with innocent passage because of alleged weaknesses in its operation and implementation - seek to modify or completely transform this right into the broader right of free transit through certain territorial waters in international straits in disregard of coastal state needs. Other states assert there can be neither a re-evaluation nor a modification of the right of innocent passage and the right of free transit until agreement is first reached on the extent of expanded fishing rights and rights for …