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English Justice For An American Company?, Christopher French

Christopher C. French

The Good Samaritan And Admiralty: A Parable Of A Statute Lost At Sea, Patrick J. Long

Patrick J. Long

No abstract provided.

The United States, China, And Freedom Of Navigation In The South China Sea, James W. Houck, Nicole M. Anderson

James Houck

The need for a uniform understanding of international norms regarding freedom of navigation is increasingly important as more States develop capacity to act in the international maritime realm. Nowhere is the issue of freedom of navigation more contentious, with more potential to spark wider conflict, than in the South China Sea (SCS). Both the United States and China profess an interest in the free navigation of commercial vessels in the region. Beyond commercial shipping, however, the two nations disagree on the important issue of freedom of navigation for military vessels. The United States believes all nations have wide latitude under …

Developing An International Carbon Tax Regime, Steven Specht

Steven Specht

As atmospheric CO2 remains in the range of 400 ppm, it is necessary to find new international coordination to deal with climate change. The best way forward is an international regime of harmonized domestic carbon taxes. By agreeing to a minimum amount of taxation on domestic, point-source producers, money can be set aside for adaptation costs and alternative means of energy production. Finally, such a plan will overcome the problem of non-participation of countries in agreements like the Kyoto Protocol. As this is a treaty dealing with economics and trade, countries can place taxes on imports of non-participatory countries under …

Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont

Rick Beaumont

No abstract provided.

Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont

Rick Beaumont

No abstract provided.

Proposed Implementing Procedures For Restore Act Awards Under Nepa, Sara Mammarella

Sara Mammarella

On April 20, 2010, what has been described as “the worst oil spill in U.S. history,” the BP Deepwater Horizon oil spill, occurred off the Louisiana coast, affecting a five-state area in the Gulf region (Florida, Alabama, Louisiana, Mississippi, and Texas), dumping an estimated 4.9 billion barrels of oil into the Gulf of Mexico. In response, Congress enacted the federal RESTORE Act to set up a mechanism for compensating the victims of the oils spill and to Repair the environmental harm caused by the oil spill.

This article will examine the effectiveness of the regulatory scheme in place that was …

Curriculum Vitae, Miller W. Shealy Jr.

Miller W. Shealy Jr.

No abstract provided.

Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont

Rick Beaumont

No abstract provided.

Lochner, Liquor, And Longshoremen: A Puzzle In Progressive Era Federalism, Barry Cushman

Barry Cushman

In 1890, the Supreme Court shocked and thrilled the civilized world with the announcement that dry states could not prohibit the sale of liquor shipped in from outside the state. So long as the out-of-state goods remained in their "original packages," the Court held they retained their character as interstate commerce subject only to federal regulation. The consequences for the cause of local sobriety were, predictably, catastrophic. The proliferation in temperance territory of "original package saloons," at which one could purchase liquor free from the superintendence of local liquor authorities, was appalling to dry eyes. Members of Congress immediately proposed …

Incorporation By Reference In Maritime Arbitration, Arjya B. Majumdar

Arjya B Majumdar

This paper deals with maritime arbitration in general and in particular, the applicability of arbitration clauses in charterparties incorporated by reference into bills of lading. Following a discussion on the origin of maritime arbitration we see how dispute resolution in the shipping industry had initially been associated with informal procedures involving little or no dependence upon courts and other systems of formal dispute resolution methods, thus bringing about a special nexus between the maritime industry and non-judicial methods of dispute resolution- such as arbitration.

One of the key requirements of an arbitration to take place is that the arbitration agreement …

A Maelstrom Of International Law And Intrigue: The Remarkable Voyage Of The S.S. City Of Flint, Andrew J. Norris

Andrew Norris

No abstract provided.

Commerce And Tradition As Gatekeepers Of Admiralty: Falsity And Futility, Graydon S. Staring

Graydon S. Staring

The use of traditional maritime activity and disruption of maritime commerce as conditions of admiralty tort jurisdiction has no foundation in history or jurisprudence. They conflict with understandings and positive legislation of Congress and cause confusion and fruitless litigation about their meanings and application.

Shifting Sands: A Meta-Theory For Public Access And Private Property Along The Coast, Melissa K. Scanlan

Melissa K. Scanlan

Over half the United States population currently lives near a coast. As shorelines are used by more people, developed by private owners, and altered by extreme weather, competition over access to water and beaches will intensify, as will the need for a clearer legal theory capable of accommodating competing private and public interests. One such public interest is to walk along the beach, which seems simple enough. However, beach walking often occurs on this ambulatory shoreline where public rights grounded in the public trust doctrine and private rights grounded in property ownership intersect. To varying degrees, each state has a …

Admiralty And Maritime Law, Sarah Wiant

Sarah K. Wiant

No abstract provided.

The Role Of Maritime Academy Of Nigeria (Man) In The Development Of The Maritime Industry, Chinedu Chibueze Ihenetu-Geoffrey

Chinedu Chibueze Ihenetu-Geoffrey

The Maritime Academy of Nigeria, formerly known and addressed as the Nautical College of Nigeria, was established in 1979 by the Federal Executive Conclusion No.EC.(77) 172 with limited assistance from the International Maritime Organisation (IMO). It was designed as an integrated institution for the education and training of shipboard officers and ratings and shore-based management personnel. Following Nigeria’s ratification of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 Convention in 1986, the status of the college was raised in 1988 by the promulgation of Decree No.16 of 1988, its responsibilities enlarged and the name changed …

How The British Gun Control Program Precipitated The American Revolution, David B. Kopel

David B Kopel

Abstract: This Article chronologically reviews the British gun control which precipitated the American Revolution: the 1774 import ban on firearms and gun powder; the 1774-75 confiscations of firearms and gun powder, from individuals and from local governments; and the use of violence to effectuate the confiscations. It was these events which changed a situation of rising political tension into a shooting war. Each of these British abuses provides insights into the scope of the modern Second Amendment.

From the events of 1774-75, we can discern that import restrictions or bans on firearms or ammunition are constitutionally suspect — at least …

Arctic Justice: Addressing Persistent Organic Pollutants, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This article recommends enhanced governance of persistent organic pollutants through incentives to develop environmentally sound, climate friendly technologies as well as caution in developing the Arctic. It highlights the toxicity challenges presented by POPs to Arctic people and ecosystems.

Polar Law And Good Governance, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This chapter will assess the Antarctic Treaty System, ask what polar lessons can be learned regarding common pool resources, and analyze law of the sea and related measures. It will consider such substantive areas as Arctic and Antarctic natural resource management and procedural opportunities as inclusive governance structures. Enhancing good governance can occur through trust building forums that bring together stakeholders, share information, and make environmentally sound decisions regarding sustainable development.

Statutory Appendix With Annotations, Carmack Amendment, Supporting Article: How Swiftly Carmack Is Washed Away, Patrick M. Talbot

Patrick M Talbot

No abstract provided.

River Niger And International Law, Victor C. Onyegbado

Victor C Onyegbado

The Niger is an international river. Its course traverses five West African states while its basin encapsulates a total of nine nations. Historically, international rivers have being the subject of both conflict and cooperation among nations of the world. Fresh Water being a most important but ironically very scarce resource, it isn’t hard then to appreciate why this is so. Water wars have brewed and water treaties have also been made. The international community has over time sought within the ambit of international law to define not just entitlement to water use but also the regulation of mode of use. …

Book Review: The Modern Law Of Marine Insurance, Vol. 3 D. Rhodian Thomas (Ed.) (London 2009), Graydon S. Staring

Graydon S. Staring

Review of a book by several authors on topics characterized by me as follows: An Anglo-American Subject; Multimodal Boundaries; Plumbing the Depths of Indemnity; Anonymous Assureds: When the Principal "Knows" What the Agent Knows; Institute Cargo Clauses 2009; Indefinable Piracy and Other Crimes; Conflict of Laws--A Cruise on Waters of Discord; Conflict of Laws--Pax Romana.

Proximate Cause In Maritime Insurance, Angelo Giampietro Avv.

Angelo Giampietro Avv.

The proximate cause in marine insurance is the “dominant cause” of the loss. It was decided per Bingham L J in T M Noten BV v Harding that the dominant cause of the loss is to be determined by “applying the common sense of a business or seafaring man.” In determining the proximate cause of the loss, The Court recognized that it had to find the cause that was proximate in efficiency, and to do so they had to apply the test of the sentence expressed by Bingham LJ. Nevertheless, at the light of the recent decision of the Supreme …

El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

How Swiftly The Carmack Amendment Is Washed Away (Or Why J. Sotomayor Was Right In K-Line V. Regal Beloit, 130 S.Ct. 2433 (2010)), Patrick M. Talbot

Patrick M Talbot

In K-Line v. Regal Beloit, the Supreme Court mistakenly did not apply the Carmack Amemdment to the inland leg of a shipment imported into the U.S. from China. The shipment derailed inland in Oklahoma, long after its ocean voyage.

In K-Line, the Supreme Court ignored the appropriate "intent test" in Swift Textiles. According to that test, the Carmack Amendment should apply to the inland leg of carriage in the U.S. so long as the carriage was intended as a continuation of foreign commerce. It was so in K-Line. In a through bill of lading situation, this intent is clearly met, …

Credit Arrangements, Angelo Giampietro Avv.

Angelo Giampietro Avv.

International trade transactions can be regulated for their payment in various ways: by means of letters of credit or by cash and kind. Therefore, credit arrangements are a common and protection against risk solution. One of the most important challenges for traders involved in a transaction is to secure financing so that the transaction may actually take place. The faster and easier is the process of financing an international transaction, the more trade will be facilitated. The method of payment is crucial for the decision about the opportunity of the trading. Therefore, the arrangements for credit in international trade, play …

The Lingering Influence Of Richard Ii And Lord Coke In The American Admiralty, Graydon S. Staring

Graydon S. Staring

It must be fair to say that a useful commercial and legal regime should be spread as wide as its usefulness, with as few artificial and irrelevant barriers as possible. All of our irrelevant barriers have been discredited in various situations, but two of them, viz. as to contracts made on land or to be performed in part on land, remain anomalously in two irrational and inconvenient applications. As they have no statutory sanction, they can be corrected by the courts, just as they have nullified them both in other situations and rationalized the jurisdiction in other respects. Cease the …

Contracting On Standard Forms For International Sales Of Goods, Angelo Giampietro Avv.

Angelo Giampietro Avv.

In the international sales of goods adopting standard form contract and Incoterms can result in an advantageous manner of contracting. We will try to critically consider the extent to which it can facilitate parties to such agreements. First of all, because standard form contract is a result of experience and legal expertise in the field, which include events that can happen, leading to reasonable solutions, the use facilitate trading ensuring predictability, consistency, and increased efficiency in business relations; saving time and money in negotiating efforts and drafting individual contracts. It is the application of the principle of freedom of contract …