Admiralty Commons^™

Trending @ Rwu Law: Julia Wyman's Post: Rwu Law Grads Making Waves In Marine Affairs: 04/05/2016, Julia Wyman

Law School Blogs

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Newsroom: Strong Finish For Admiralty Team In Sfo 03-07-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

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When Self-Policing Does Not Cut It: Cruising, Rcra, And Hazardous Waste On The High Seas, Chris Ryan, Michelle Bedoya

Barry Law Review

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Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis, Tara Davenport

Catholic University Journal of Law and Technology

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Beyond The Polar Code: Assuring Safe & Environmentally Sound Arctic Navigation, Ulf Siwe

ShipArc 2015 Conference

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Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky

Seattle University Law Review

Illegal, unreported, and unregulated fishing (IUU fishing) is a substantial threat to global food security and a recurring problem for global fishery managers already facing difficult baseline situations exacerbated by climate change, including warming oceans and increasing acidification. There is nothing historically new about IUU fishing; there have always been poachers who take advantage of operating in the shadows of legal commercial fishing. What is new is the extent to which marine poaching has industrialized. It is estimated that 19% of the worldwide value of marine catches are unlawful. The problem is not limited to developing states. For example, even …

Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms, Robin Kundis Craig

Seattle University Law Review

Ocean fisheries and marine aquaculture are an important but often overlooked component of world food security. For example, of the seven billion (and counting) people on the planet, over one billion depend on fish as their primary source of protein, and fish is a primary source of protein (30 percent or more of protein consumed) in many countries around the world, including Japan, Greenland, Taiwan, Indonesia, several countries in Africa, and several South Pacific island nations. Marine fisheries and marine aquaculture have been subject to a number of stressors that can undermine world food security, including overfishing, habitat destruction, and …

The Distant Island Problem: The Arbitration On The Delimitation Of The Maritime Zones Around The French Collectivite Teritoriale Of Saint-Pierre-And-Miquelon, Merritt R. Blakeslee

Georgia Journal of International & Comparative Law

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Carriage Of Hazardous Cargoes By Sea - The Hns Convention, Peter Wetterstein

Georgia Journal of International & Comparative Law

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Port State Control: Strong Medicine To Cure A Sick Industry, John Hare

Georgia Journal of International & Comparative Law

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Some Reflections Over The Brussels Convention Of 1952 Relating To Arrest Of Sea-Going Vessels And Its Amending Process, Jose M. Alcantara

Georgia Journal of International & Comparative Law

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Exclusivity Of The Warsaw Convention's Cause Of Action: The U.S. Supreme Court Removes Some Of The Expansive Views Foundations In Zicherman V. Korean Air Lines Co. Ltd., Brian S. Tatum

Georgia Journal of International & Comparative Law

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Maritime Boundaries In The Baltic Sea: Post-1991 Developments, Erik Franckx

Georgia Journal of International & Comparative Law

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Challenges To The Territorial Integrity Of Guyana: A Legal Analysis, Thomas W. Donovan

Georgia Journal of International & Comparative Law

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Comment On The Guyana-Suriname Boundary Dispute, Honourable Doodnauth Singh

Georgia Journal of International & Comparative Law

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Fear God And Dread Nought: Naval Arms Control And Counterfactual Diplomacy Before The Great War, James Kraska

Georgia Journal of International & Comparative Law

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On The Effectiveness Of Private Security Guards On Board Merchant Ships Off The Coast Of Somalia -- Where Is The Piracy? What Are The Legal Ramifications?, Barry H. Dubner, Claudia Pastorius

Faculty Scholarship

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On The Effectiveness Of Private Security Guards On Board Merchant Ships Off The Coast Of Somalia -- Where Is The Piracy? What Are The Legal Ramifications?, Barry H. Dubner, Claudia Pastorius

Faculty Scholarship

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On The Ninth Circuit's New Definition Of Piracy: Japanese Whalers V. The Sea Shepherd-Who Are The Real "Pirates" (I.E. Plunderers)?, Barry H. Dubner, Claudia Pastorius

Faculty Scholarship

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Crimes And Medical Care On Board Cruise Ships: Do The Statistics Fit The Crimes?, Leticia M. Diaz, Barry H. Dubner, Nicole Mckee

Faculty Scholarship

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Inside The Blackwall Box: Explaining U.S. Marine Salvage Awards, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

Under U.S. maritime law, a salvor of imperiled maritime property on navigable waters is entitled to a monetary award from the owner. When the salvage service is rendered voluntarily in the absence of a contract, the court determines the salvage award according to six factors enumerated by the Supreme Court in The Blackwall, 77 U.S. 1 (1869). The law, however, does not specify a precise formula or rule for calculating awards on the basis of the Blackwall factors. How do courts turn their findings on the Blackwall factors into salvage awards? This article addresses this question by examining the …

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

Faculty Scholarship

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 …

The Compromised Cargo Container: Terror In A Box, Taylor Simpson-Wood

Faculty Scholarship

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Bareboat Charters: Can A Shipowner Limit Liability To Third Parties? Answers For Owners Attempting To Navigate The Unsettled Waters In The Eleventh Circuit, John W. Chitty

Georgia State University Law Review

A bareboat charter is a contractual agreement akin to the lease of a vessel whereby most of the “customary liabilities” of the owner are shifted to the charterer. Some courts have raised concerns over bareboat charters—also referred to as a demise charter—regarding the ability of owners to use the bareboat device as a means to limit liability to injured third parties.

In Baker v. Raymond International, Inc. the Fifth Circuit brought force to this concern; the court held a bareboat charter would no longer shield owners from personal liability for third party injuries caused by the unseaworthiness of a vessel, …

The Case Against Maritime Class Arbitration: A Brief Policy Argument, Landon R. Schwob

Pepperdine Dispute Resolution Law Journal

On April 27, 2010, the United States Supreme Court decided a case that will have far-reaching implications for virtually all sectors within the arbitration industry, including the subject of this article-maritime arbitration. The question presented in Stolt-Nielsen v. AnimalFeeds International Corp. dealt with class arbitration and whether its imposition on parties whose arbitration clauses are silent on that issue is consistent with the Federal Arbitration Act (FAA). This article will primarily examine the history and viability of class arbitration-and arbitration in general-in the far more narrow context of maritime and the admiralty. Stolt-Nielsen provides an excellent backdrop against which to …

Ensuring Adequate Compensation To The Victims Of The Deepwater Horizon Explosion: Who Says You Can't Teach An Old Dog New Tricks?, 45 J. Marshall L. Rev. 515 (2012), Ryan Linsner

UIC Law Review

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Beyond The Tide: Beginning Admiralty With The Steamboat Magnolia, Joel K. Goldstein

All Faculty Scholarship

Admiralty is potentially one of the richest subjects in the law school curriculum. This claim may be received skeptically by those who have neither taught nor taken the course. Yet my experience as a student in, and teacher of, the course confirms my belief that Admiralty holds that promise, especially if it is presented not simply as a vehicle to train the relatively few who hope to become maritime lawyers, but as an opportunity for students with different aspirations to explore some of the most interesting issues in law. As a crosscutting course, Admiralty offers a chance to integrate materials …

Physical-Strength Rationales For De Jure Exclusion Of Women From Military Combat Positions, Maia Goodell

Seattle University Law Review

Women have been serving in the military in steadily increasing numbers for decades. Nevertheless, the military remains one of the few areas in which the U.S. government decides what roles are open to women based on de jure exclusions. This Article examines the law governing de jure classification, noting that a mere normative belief about women’s proper place in society is an insufficient basis to justify a sex-based exclusion. It then probes the most common rationale advanced in support of the continued de jure exclusion of women: physical strength. The Article examines four problems with the physical strength rationale: (1) …

How Piracy Has Shaped The Relationship Between American Law And International Law, Joel H. Samuels

Articles

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Revisiting The Thames Formula: The Evolving Role Of The International Maritime Organization And Its Member States In Implementing The 1982 Law Of The Sea Convention, Craig H. Allen

Articles

Despite the findings that marine casualty rates have "plummeted" and the safety record of the oil transport industry has "significantly improved," high visibility pollution incidents in the last decade like those involving the tankers Erika and Prestige off the coast of Europe, together with the chronic problems of illegal and unregulated fishing and dismal labor conditions for many seafarers led a United Nations-chartered consultative group of leading international organization representatives to conclude that there is an "urgent" need to improve State performance in the implementation and enforcement of the international maritime legal regime.

There is less agreement, however, in how …