Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Canada (3)
- Shipping (3)
- Admiralty (2)
- Indigenous Peoples (2)
- International Maritime Organization (2)
-
- MARPOL (2)
- Maritime law (2)
- Polar Code (2)
- Ship Emissions (2)
- Ships (2)
- Admiralty Court (1)
- Admiralty Law (1)
- Admiralty Sessions (1)
- Admiralty law (1)
- Air Pollution (1)
- Allocation of loss (1)
- Antarctic Shipping (1)
- Arbitration clauses (1)
- Arctic Council (1)
- Arctic Marine Spaces (1)
- Arctic Shipping (1)
- Arctic Waters (1)
- Background (1)
- British Dominance (1)
- British influence (1)
- Canadian Arctic (1)
- Canadian law (1)
- Cape Breton (1)
- Case law (1)
- Choice of law (1)
- Publication Year
- Publication
- Publication Type
Articles 1 - 16 of 16
Full-Text Articles in Admiralty
Navigating The Structural Coherence Of Sea Life, Aldo Chircop, Philip Steinberg, Greta Ferloni, Claudio Aporta, Gavin Bridge, Kate Coddington, Stuart Elden, Stephanie C. Kane, Timo Koivurova, Jessica Shadian, Anna Stammler-Gossmann
Navigating The Structural Coherence Of Sea Life, Aldo Chircop, Philip Steinberg, Greta Ferloni, Claudio Aporta, Gavin Bridge, Kate Coddington, Stuart Elden, Stephanie C. Kane, Timo Koivurova, Jessica Shadian, Anna Stammler-Gossmann
Articles, Book Chapters, & Popular Press
Ice breaking by ships can cause irreparable harm to the ecologies and cultures of northern regions. This chapter revolves around a central question: what are the barriers preventing the development of a legal mechanism to limit this act of environmental violence? The chapter suggests that the central barrier is not so much legal as it is ontological: foundational conceptions of space that underpin Western legal institutions are unable to value the form of water, reducing it instead to an ed space that is used for movement or resource extraction. This chapter demonstrates how a consideration of the environmental violence of …
Maritime Transportation: Let's Slow Down A Bit, Maxime Sèbe, Pierre Scemama, Anne Choquet, Jean-Luc Jung, Aldo Chircop, Phénia Marras-Aït Razouk, Sylvain Michel, Valérie Stiger-Pouvreau, Laura Recuero-Virto
Maritime Transportation: Let's Slow Down A Bit, Maxime Sèbe, Pierre Scemama, Anne Choquet, Jean-Luc Jung, Aldo Chircop, Phénia Marras-Aït Razouk, Sylvain Michel, Valérie Stiger-Pouvreau, Laura Recuero-Virto
Articles, Book Chapters, & Popular Press
Maritime transportation is a major contributor to the world economy, but has significant social and environmental impacts. Each impact calls for different technical or operational solutions. Amongst these solutions, we found that speed reduction measures appear to mitigate several issues: (1) collision with wildlife; (2) collision with non-living objects; (3) underwater noise; (4) invasive species; and (5) gas emission. We do not pretend that speed reduction is the best solution for each individual issue mentioned in this paper, but we argue that it could be a key solution to significantly reduce these threats all together. Further interdisciplinary research is required …
How Icebreaking Governance Interacts With Inuit Rights And Livelihoods In Nunavut: A Policy Review, Breanna Bishop, Jade Owen, Lisette Wilson, Tagalik Eccles, Aldo Chircop, Lucia Fanning
How Icebreaking Governance Interacts With Inuit Rights And Livelihoods In Nunavut: A Policy Review, Breanna Bishop, Jade Owen, Lisette Wilson, Tagalik Eccles, Aldo Chircop, Lucia Fanning
Articles, Book Chapters, & Popular Press
Sea ice is a contested space when it comes to navigation in ice-covered regions. For Inuit in Nunavut, Canada, sea ice is an integral platform of coastal connectivity, allowing access to areas of subsistence and cultural value. For vessels transiting Arctic waters, sea ice poses potential risks to vessel, crew, and passenger safety consequently, icebreaking is considered an essential service. Yet, many communities in Nunavut have described icebreaking as having, or potentially having significant negative impacts on community and ecological wellbeing. Several policies regulate and provide guidance to icebreakers operating in ice-covered waters. With anticipated increases to icebreaking demand in …
International Working Group On Polar Shipping: Report To The Executive Council And Assembly Of The Comité Maritime International, Aldo Chircop
Reports & Public Policy Documents
This report covers the reporting period from 1 November 2020 to 31 May 2021. The IWG Chair acknowledges updates provided by the subgroup chairs. The IWG continues to operate through three subgroups, namely on Antarctic Shipping (chaired by David Baker), COLREGS in Polar Environments (chaired by Stefanie Johnston) and Cruise Passengers’ Rights (chaired by Lars Rosenberg Overby). While progress has been made, unfortunately the prolonged COVID-19 pandemic has continued to affect aspects of the IWG’s work.
Introduction, Aldo Chircop, Floris Goerlandt, Claudio Aporta, Ronald Pelot
Introduction, Aldo Chircop, Floris Goerlandt, Claudio Aporta, Ronald Pelot
Articles, Book Chapters, & Popular Press
This chapter introduces a multidisciplinary collection of chapters addressing various aspects of governance of Arctic shipping written by leading international scholars. It investigates how ocean changes and anthropogenic impacts affect our understanding of risk, policy, management and regulation for safe navigation, environment protection, conflict management between ocean uses, and protection of Indigenous peoples’ interests in Canadian Arctic waters. The book is divided in three parts, together providing a multi-faceted and interdisciplinary view on governance of Arctic shipping. The first part addresses conceptual and empirical aspects of risk governance, management, and assessment in the Canadian Arctic. The second part focuses on …
The Regulation Of Heavy Fuel Oil In Arctic Shipping: Interests, Measures, And Impacts, Jiayu Bai, Aldo Chircop
The Regulation Of Heavy Fuel Oil In Arctic Shipping: Interests, Measures, And Impacts, Jiayu Bai, Aldo Chircop
Articles, Book Chapters, & Popular Press
Since the International Maritime Organization’s (IMO) ban on the use and carriage for use of heavy fuel oil (HFO) for ships operating in Antarctic waters came into effect in 2011, the international community has been engaged in a discourse on whether to adopt a similar standard for ships operating in Arctic waters. The issues are complex as, in addition to reducing the environmental risks posed by HFOs, there are economic and social consequences, including dependence on such fuels by Indigenous peoples. The discourse has involved the IMO, the Arctic Council, industry associations, environmental nongovernmental organizations, and Indigenous peoples. The issue …
The Regulation Of Ship Emissions In Canadian Northwest Atlantic And Arctic Waters: Is There A Need For Consistency And Equity?, Aldo Chircop
The Regulation Of Ship Emissions In Canadian Northwest Atlantic And Arctic Waters: Is There A Need For Consistency And Equity?, Aldo Chircop
Articles, Book Chapters, & Popular Press
Since the adoption of Annex VI of the International Convention on the Prevention of Pollution from Ships, 1973/78, the International Maritime Organization has gradually expanded the scope of ship emission regulation to include VOCs, SOx, NOx, particulate matter and, more recently, greenhouse gas emissions. This regulatory effort has not been integrated and displays some inconsistency and even fragmentation, resulting in different levels of environment protection for different regions and even potential conflicts between standards. The regulation of use and carriage of heavy sulphur fuel oil may lead to increase of clean fuel use and thereby produce more CO2 emissions. Designation …
Edging Towards Principled Ocean Governance: Law Of The Sea And Beyond, David Vanderzwaag
Edging Towards Principled Ocean Governance: Law Of The Sea And Beyond, David Vanderzwaag
Articles, Book Chapters, & Popular Press
Elisabeth Mann Borgese is well known for her commitment to advancing the legal order for the improved regulation of the world’s oceans. Her advocacy with respect to the United Nations Convention on the Law of the Sea (UNCLOS) is the subject of other essays in this volume. However, in the decades since 1982, legal principles, sometimes linked to provisions in treaties, have become critical in the global quest for sustainable seas and healthy coastal communities. Principles, such as precautionary and ecosystem approaches, have influenced the negotiation, implementation, and interpretation of international agreements. They may also guide national ocean law and …
The Continuum Of International Maritime Law And Canadian Maritime Law: Explaining A Complex Relationship, Aldo Chircop, Sarah Shiels
The Continuum Of International Maritime Law And Canadian Maritime Law: Explaining A Complex Relationship, Aldo Chircop, Sarah Shiels
Dalhousie Law Journal
This article discusses the relationship between international maritime law and Canadian maritime law from legislative and judicial perspectives. It explains the relationship through Canada's implementation of international maritime conventions and a study of Canadian case law The article concludes that the relationship has a well-developed pattern based on legislative structures and judicial processes. With strong historical roots and traditions, the relationship is motivated by international comity and has firm grounding in international and domestic public policyin support ofinternational uniformity to facilitate international commerce. Canadian maritime law has a unique heritage underscored by commercial necessity The consequence is a relationship between …
Maritime Law, George Strathy
Maritime Law, George Strathy
Dalhousie Law Journal
This substantial work. written by three members of the faculty of the Marine and Environmental Law Institute at Dalhousie University, is part of the Irwin Law, Essentials of Canadian Law series. Running to just over 800 pages of text, it covers the waterfront, so to speak, of its subject matter. An indication of the scope of the text is reflected in the division of labour among the three authors. They co-authored an introductory chapter and each took responsibility for writing different chapters of the rest of the book. Edgar Gold, a former ship captain and a Master Mariner, has been …
A Brief Overview Of The Enforceability Of Forum Selection, Choice Of Law, And Arbitration Clauses And The Doctrine Of Forum Non Conveniens Under The Admiralty Law Of The United States, Donald R. Abaunza
Dalhousie Law Journal
Forum selection, choice of law and arbitration clauses are of great significance in offshore contracts, where disputes may arise in locations far removed from the fora identified in those contracts. In this article, the author provides an examination of the enforceability of these clauses in the United States, together with an explanation of the operation of the doctrine of forum non conveniens in that country.
The Admiralty Court In Colonial Nova Scotia, Arthur J. Stone
The Admiralty Court In Colonial Nova Scotia, Arthur J. Stone
Dalhousie Law Journal
The establishment of the "Admiralty Court", which was formally known as the Nova Scotia Court of Vice-Admiralty, had preceded Cornwallis's arrival by several years. In the late summer of 1720, when Richard Philipps was both Governor and Vice-Admiral at Nova Scotia's old royal capital of Annapolis, Daniel Henry was appointed as Judge, Arthur Savage as Register and Cypryan Southack as Marshal in vice-admiralty. Less than a decade later, during the winter of 1729, the principal offices of a court of vice-admiralty went to John Bradstreet as Judge, Erasmus James Philipps as Advocate General, James Gibson as Register and Archibald Rennie …
Crime At Sea: Admiralty Sessions And The Background To Later Colonial Jurisdiction, M. J. Prichard
Crime At Sea: Admiralty Sessions And The Background To Later Colonial Jurisdiction, M. J. Prichard
Dalhousie Law Journal
The conference program describes the legal history of Nova Scotia as terra incognita. Whether this is so for the province's own inhabitants is not a question that someone from the other side of the Atlantic should presume to judge, since ignorance there is not limited to the legal history of Nova Scotia but extends to colonial legal history generally. We have, I fear, been intimidated by the task, and we have tended to leave each erstwhile colony to trace its own legal history. I comfort myself, therefore, with the thought that any transatlantic contribution is likely to be a modest …
The History Of Shipping Law In Canada: The British Dominance, Theodore L. Mcdorman
The History Of Shipping Law In Canada: The British Dominance, Theodore L. Mcdorman
Dalhousie Law Journal
In many areas of Canadian law, the British influence has been pervasive, but in no area has it been more so than in merchant shipping law. Great Britain have long been a seafaring nation and British prosperity and pride have long rested on maritime achievements. Great Britain controlled almost all aspects of colonial merchant shipping, and thus prevented the development of an autonomous Canadian foundation in maritime law. The British influence over Canadian merchant shipping legislation remained pervasive after Confederation and contributed to the failure of Canada to develop a merchant marine, despite Canada being one of the major users …
Marine Cargo Claims, Alastair Bissett-Johnson
Marine Cargo Claims, Alastair Bissett-Johnson
Dalhousie Law Journal
In marine matters, Canada is not a maritime but a coastal power. She is also a nation dependent for a livelihood on foreign trade. Translated into terms of admiralty law, Canada's principal interests in ships is not in their ownership but in the cargoes they carry. Accordingly Marine Cargo Claims is a particularly apt title under which Professor Tetley has written a unique Canadian text. His work is also unusual in several useful ways. First, in being directed to the general practitioner, accustomed or not to admiralty affairs but always short of time, it is deliberately organised to facilitate the …
Inherent Vice And Contracts For The Sale Of Goods, B. G. Hansen
Inherent Vice And Contracts For The Sale Of Goods, B. G. Hansen
Dalhousie Law Journal
The question of who is to bear the loss from the natural deterioration of goods during shipment to a consignee is one that has caused considerable trouble for Commonwealth courts. Even within Canada, where there has been a certain amount of judicial comment, the issue remains to be finally determined. Moreover, most of the local authority is dated to the extent that it is generally to be found in pre 1930 reports.' This note is an attempt to outline briefly the current state of the law as to the allocation of loss caused by inherent vice in the course of …