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Full-Text Articles in Law
Punitive Damages Under The Carriage Of Goods By Sea Act: A Bulkhead Is Breached—Armada Supply V. S/T Agios Nikolas, 639 F. Supp. 1161 (S.D.N.Y. 1986), David M. Blachman
Punitive Damages Under The Carriage Of Goods By Sea Act: A Bulkhead Is Breached—Armada Supply V. S/T Agios Nikolas, 639 F. Supp. 1161 (S.D.N.Y. 1986), David M. Blachman
Washington Law Review
Armada Supply v. SIT Agios Nikolas was described as "no 'run-of-the-mill' cargo case," but rather a case involving "charges of cargo hijacking and blackmail, ransom and deceit—all the elements of a good high seas drama, short of mutiny. The United States District Court for the Southern District of New York, after awarding full compensatory damages, imposed $250,000 in punitive damages against the owners of the vessel because of reprehensible conduct in converting the cargo, and in blackmailing and deceiving the cargo owner. The court awarded punitive damages after it acknowledged that the Carriage of Goods by Sea Act (COGSA) governed …
Potential Conflicts Between A Future Law Of The Sea Treaty And The Fishery Conservation And Management Act Of 1976, Jon L. Jacobson, Douglas G. Cameron
Potential Conflicts Between A Future Law Of The Sea Treaty And The Fishery Conservation And Management Act Of 1976, Jon L. Jacobson, Douglas G. Cameron
Washington Law Review
No abstract provided.
Enforcement Of The Fishery Conservation And Management Act Of 1976: The Policeman's Lot, Eugene R. Fidell
Enforcement Of The Fishery Conservation And Management Act Of 1976: The Policeman's Lot, Eugene R. Fidell
Washington Law Review
The purposes of this article are to analyze the enforcement provisions of the FCMA, to compare them with the terms of prior United States fisheries legislation, and to consider the probable shape of the enforcement program under the new law. Where appropriate, consideration will be given to parallel foreign developments as well as the possible interaction with the Revised Single Negotiating Text distributed at the end of the New York session of the Third United Nations Conference on the Law of the Sea in May 1976. In several instances, the need for corrective legislation, which is apparently being addressed within …
Submerged Passage Through Straits: Interpretations Of The Proposed Law Of The Sea Treaty Text, William T. Burke
Submerged Passage Through Straits: Interpretations Of The Proposed Law Of The Sea Treaty Text, William T. Burke
Washington Law Review
Among numerous important problems before the Conference, one of the most critical is the right of transit passage through straits, those narrow passageways which would fall within the territorial sea when nations generally agree on a twelve-mile limit. The right of submarines to pass submerged through straits (and of airplanes to overfly) is at the center of the transit passage issue. This is a key issue because the two major naval powers, the United States and the U.S.S.R., insisted early in the Conference's preparatory work on the necessity of an assured right of transit for all vessels and aircraft through …
The Abstention Principle And Its Relation To The Evolving International Law Of The Seas, Soji Yamamoto
The Abstention Principle And Its Relation To The Evolving International Law Of The Seas, Soji Yamamoto
Washington Law Review
It should be our task to objectively determine whether the abstention principle embodied in the Tripartite Treaty rationalizes the conservation of ocean resources in view of the historic development or transmutation of the concept of fishery rights under the international law of the seas. In order to do so, we must examine both the abstention principle and the historical development of fishery rights. Ultimately, this necessitates discussion of the consistency or lack thereof between the Tripartite Treaty and the Convention on Fishing and Conservation of the Living Resources of the High Seas. The validity of the abstention principle must be …
The Abstention Principle And Its Relation To The Evolving International Law Of The Seas, Soji Yamamoto
The Abstention Principle And Its Relation To The Evolving International Law Of The Seas, Soji Yamamoto
Washington Law Review
It should be our task to objectively determine whether the abstention principle embodied in the Tripartite Treaty rationalizes the conservation of ocean resources in view of the historic development or transmutation of the concept of fishery rights under the international law of the seas. In order to do so, we must examine both the abstention principle and the historical development of fishery rights. Ultimately, this necessitates discussion of the consistency or lack thereof between the Tripartite Treaty and the Convention on Fishing and Conservation of the Living Resources of the High Seas. The validity of the abstention principle must be …
North Pacific Fisheries Treaties And International Law Of The Seas, Beverly J. Rosenow
North Pacific Fisheries Treaties And International Law Of The Seas, Beverly J. Rosenow
Washington Law Review
Fisheries problems in the North Pacific are not new. In the past century, disputes between nations have developed over whaling, fur sealing, halibut and salmon fishing. Currently, crises are again in the making concerning the utilization of certain fishery stocks of this area. The purpose of this comment is to provide a framework of international law of the sea concepts within which the current problems can be examined.