Admiralty Commons^™

Choice Of The Applicable Law In United States Maritime Law And The Venezuelan System, Daniel Eric Vielleville

LLM Theses and Essays

International maritime transport is an important means of transport in international trade. The vessels used in international maritime transport face unique dangers which necessitate maritime law that addresses the perils associated with maritime transport. Maritime law concerns many jurisdictions, which creates a special interest for the study of conflict of laws. There are private international maritime laws in addition to multilateral treaties. This paper analyzes the international approach that the United States takes in maritime conflict of laws, and compares it with the Venezuelan system of private international law. Venezuela is a civil law country with old maritime legislation which …

Protecting The Marine Environment From Vessel Source Pollution: Unclos Iii And Beyond, Daniel M. Bodansky

Scholarly Works

The vessel-source pollution provisions of UNCLOS III have become the reference point for virtually all discussions of marine environmental jurisdiction and, although the Convention is not yet in force, have arguably become norms of customary international law. Moreover, these environmental provisions are likely to come under increased scrutiny and assume even greater importance should the disputes over the seabed mining provisions of the Convention be resolved. Thus far, these disputes have stood in the way of ratification by many advanced industrialized countries, including the United States. The U.S. Congress recently rejected several international conventions dealing with oil spills on the …

Bill Of Lading Under Charter Parties, Mammen G. Kannanthanam

LLM Theses and Essays

This LL.M. thesis examines the legal relationship between bills of lading and charterparties under United States maritime law.   It begins with an overview of the history of maritime law and common legal documents governing maritime transportation, then traces the development of admiralty jurisprudence from early commercial codes through modern federal statutes, including the Harter Act, the Pomerene Act, and the Carriage of Goods by Sea Act (COGSA).   The work analyzes which document controls contracts of affreightment when the bill of lading is held by the charterer, a sub-charterer, a shipper other than the charterer, or a third-party consignee, and examines …

Protection Of Shipowners’ Liability Under United States Law And Marine Insurance Practice, Izak Stephanus Fourie

LLM Theses and Essays

Shipowners are exposed to a variety of risks that are, to a large extent, unique to maritime business. Because of factors like the recent increase in the size and value of ships, increase in marine traffic, enactment of legislation imposing new liabilities, and the tendency of courts to make huge awards to personal injury and death claims, shipowners are exposed to potential losses or claims worth millions of dollars in the event of disaster. These heavy risks led to the establishment of the marine insurance industry, as well as the enactment of legislation that limits shipowners’ liability. This legislation was …

Dockside Injuries Under The Longshoremen's And Harbor Worker's Compensation Act, E. D. R., Jr.

Georgia Law Review

Since its enactment in 1927, the Longshoremen's and Harbor Worker's Compensation Act has been the source of much confusion in admiralty law, particularly with respect to admiralty-state jurisdictional conflicts. The Act provides compensation:

"in respect of disability or death of an employee, but only if the dis- ability or death results from an injury occurring upon the navigable waters of the United States (including any dry dock) and if recovery for the disability or death through workman's compensation proceedings may not validly be provided by State law."

Since the purpose of the Act was to cover injuries not compensable under …