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Articles 1 - 10 of 10
Full-Text Articles in Admiralty
Reforming The Limitation Act: We’Ll Cross That Bridge When We Get There? Well, We’Re Here And That Bridge Has Already Fallen, Marianne E. Adams
Reforming The Limitation Act: We’Ll Cross That Bridge When We Get There? Well, We’Re Here And That Bridge Has Already Fallen, Marianne E. Adams
University of Miami Law Review
When the M/V Dali, a Singaporean-flagged container ship, struck Baltimore’s Francis Scott Key Bridge in March 2024, the foreign vessel owners turned to a centuries-old American statute that allows shipowners to limit their liability to the post-accident value of a vessel. The Limitation of Liability Act of 1851 (the “Limitation Act” or “Act”) was originally designed to protect and promote a nascent American shipping industry from the unpredictable perils of nineteenth-century seas. Today, however, it operates in a vastly different maritime economy, where foreign-flagged vessel owners routinely rely on the Act to shield themselves from full financial responsibility. In …
Strategic Insights From Antarctic Mpas: Navigating The Future Framework For High Seas Mpas Under The Bbnj Agreement, Alyssa Huffman
Strategic Insights From Antarctic Mpas: Navigating The Future Framework For High Seas Mpas Under The Bbnj Agreement, Alyssa Huffman
University of Miami International and Comparative Law Review
Current area-based management systems regulate only about 1.18% of the high seas, leaving highly migratory fish species at risk of overexploitation. As a result, new legal mechanisms are essential for protecting and managing high seas fisheries. In recent decades, stakeholders have debated how to balance competing interests while ensuring equitable and sustainable access to areas beyond national jurisdiction. One proposed solution is the establishment of Marine Protected Areas (MPAs). However, creating and managing high seas MPAs is a complex process. The Parties to the Convention on the Conservation of Antarctic Marine Living Resources have undertaken this effort, establishing two MPAs …
Maritime Magic: How Cruise Lines Can Avoid State Law Compliance Through Passenger Contracts, Cameron Chuback
Maritime Magic: How Cruise Lines Can Avoid State Law Compliance Through Passenger Contracts, Cameron Chuback
University of Miami Law Review
Florida Statutes section 381.00316 prohibits businesses in Florida from requiring consumers to provide documentary proof of COVID-19 vaccination to access businesses’ goods and services. Norwegian Cruise Line Holdings (“NCLH”) has recently challenged section 381.00316’s applicability to its cruise operations because NCLH believes that requiring its passengers to provide documentary proof of COVID-19 vaccination is the one constant that allows NCLH’s cruise ships to smoothly access foreign ports, which have differing COVID-19 protocols and rules. In Norwegian Cruise Line Holdings, Ltd. v. Rivkees, the United States District Court for the Southern District of Florida ruled in favor of NCLH on this …
Lost At Sea: The Continuing Decline Of The Supreme Court In Admiralty, Michael Sevel
Lost At Sea: The Continuing Decline Of The Supreme Court In Admiralty, Michael Sevel
University of Miami Law Review
For the first 200 years of its history, the United States Supreme Court served as the primary leader in the development of, and its cases the primary source of, the admiralty and maritime law of the United States. That appears to be changing. The Court’s admiralty cases over the last quarter century indicate that it is slowly giving up its traditional leading role in creating and developing rules of admiralty law, and instead deferring to Congress to make those rules, a trend that is tantamount to abandoning its Article III constitutional duty to serve as the country’s only national admiralty …
Carrier Liability For Damages Incurred By Ship Passengers: The European Union As A Trailblazer Towards A Global Liability Regime?, Stefan Kirchner, Grit Tüngler, Jan Martin Hoffmann
Carrier Liability For Damages Incurred By Ship Passengers: The European Union As A Trailblazer Towards A Global Liability Regime?, Stefan Kirchner, Grit Tüngler, Jan Martin Hoffmann
University of Miami International and Comparative Law Review
No abstract provided.
How Piracy Has Shaped The Relationship Between American Law And International Law, Joel H. Samuels
How Piracy Has Shaped The Relationship Between American Law And International Law, Joel H. Samuels
Articles
No abstract provided.
Historic Salvage And The Law Of The Sea, David J. Bederman
Historic Salvage And The Law Of The Sea, David J. Bederman
University of Miami Inter-American Law Review
No abstract provided.
Schiffahartsgesellschaft Leonhardt: A Dangerous Precedent For The Effectiveness Of The Supplemental Rules For Certain Admiralty And Maritime Claims, James D. Garbus
Schiffahartsgesellschaft Leonhardt: A Dangerous Precedent For The Effectiveness Of The Supplemental Rules For Certain Admiralty And Maritime Claims, James D. Garbus
University of Miami Law Review
No abstract provided.
Ancillary Jurisdiction In Admiralty: Smooth Sailing For Impleading Of Non-Maritime Causes Of Action, Ernesto J. De La Fé
Ancillary Jurisdiction In Admiralty: Smooth Sailing For Impleading Of Non-Maritime Causes Of Action, Ernesto J. De La Fé
University of Miami Inter-American Law Review
No abstract provided.
Priority Of Maritime Liens In The Western Hemisphere: How Secure Is Your Claim?, Ivon D'Almeida Pires-Filho
Priority Of Maritime Liens In The Western Hemisphere: How Secure Is Your Claim?, Ivon D'Almeida Pires-Filho
University of Miami Inter-American Law Review
No abstract provided.