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Full-Text Articles in Admiralty
Obligations And Implications For Ships Encountering Persons In Need Of Assistance At Sea, Martin Davies
Obligations And Implications For Ships Encountering Persons In Need Of Assistance At Sea, Martin Davies
Washington International Law Journal
While there are multiple obligations to rescue individuals lost at sea, mostly expressed in multilateral treaties, there are limited mechanisms for enforcing those laws. Enforcement needs to be accomplished through criminal law, as the civil lawsuit is a poor mechanism. The United States and Australia provide adequate examples of the implementation, or lack thereof, of international treaties into criminal law. However, even where the various treaties have been incorporated into the law of the nation by implementing legislation, the enforcement remains ineffective. This is partially because the onus of enforcement falls primarily on the flag state of the ship in …
The Tampa Incident: Imo Perspectives And Responses On The Treatment Of Persons Rescued At Sea, Frederick J. Kenney Jr., Vasilios Tasikas
The Tampa Incident: Imo Perspectives And Responses On The Treatment Of Persons Rescued At Sea, Frederick J. Kenney Jr., Vasilios Tasikas
Washington International Law Journal
The duty to provide aid to fellow seafarers in distress has long been enshrined in maritime tradition. The modem formalization of this duty in international law, however, has created a division between the duty to "provide assistance" and the obligation to "rescue." This division has created ambiguity and friction as the former duty applies to individuals and vessels whereas the latter obligation applies to states. In recent years, incidents involving two commercial vessels, the Tampa and the Castor, have starkly illustrated the extent to which this ambiguity and friction in international law translates into negative effects in the real …
Introduction To The Maritime Law Forum, Craig H. Allen
Introduction To The Maritime Law Forum, Craig H. Allen
Washington International Law Journal
The members of the Pacific Rim Law & Policy Journal are to be congratulated for their initiative, compassion, and insight in calling attention to the August 26, 2001 M/V Tampa incident and subjecting the actions of the involved principals and the governing legal regime to close and thoughtful scrutiny. Planning for the April 22, 2002 symposium in Seattle began in the fall of 2001, shortly after the Tampa's week-long crisis involving 438 migrants garnered international attention. Speakers for the Symposium conference, recruited under the leadership of the Journal's 2001-2002 Editor-in-Chief, Kelly Thomas, hailed from Australia, Europe and throughout the …
Select Provisions Of The Commercial Maritime Code Of The Russian Federation, William Honea
Select Provisions Of The Commercial Maritime Code Of The Russian Federation, William Honea
Washington International Law Journal
The Commercial Maritime Code of the Russian Federation (RMC) entered into force on April 30, 1999. The RMC is a far-reaching and progressive document that seeks to provide a framework for all commercial maritime activities within Russia. The RMC uses the language of the 1982 United Nations Convention on the Law of the Sea, and implements treaties and agreements including those that cover oil pollution, vessel arrest, and competency standards for seafarers. It occupies the field of Russian maritime law, specifically replacing a long list of inherited Soviet laws. It regulates the movement of goods at sea, many common aspects …
The Dumping Of The New Carissa: An Analysis Of The Emergency Provisions Of The London Convention, Jill S. Murakami
The Dumping Of The New Carissa: An Analysis Of The Emergency Provisions Of The London Convention, Jill S. Murakami
Washington International Law Journal
The London Convention prohibits the dumping of hazardous materials into the ocean. This prohibition may, however, be suspended in emergencies. The bow of the M/V New Carissa ("New Carissa "), which contained approximately 135,000 gallons of oil, was dumped into the Pacific Ocean under the emergency provisions of the London Convention. An analysis of the dumping of the New Carissa illustrates the weaknesses of these provisions. As written, the provisions are ambiguous and open to varying interpretations. As a result, nations may use the emergency provisions as loopholes to dump substances that they would otherwise be prohibited from dumping, thereby …
Federal Maritime Commission Sanctions On Japanese Carriers: A Call For Fairer Methods Of Resolving Disputes, Randy L. Baldemor
Federal Maritime Commission Sanctions On Japanese Carriers: A Call For Fairer Methods Of Resolving Disputes, Randy L. Baldemor
Washington International Law Journal
On February 26, 1997, the U.S. Federal Maritime Commission imposed sanctions upon Japanese shipping carriers for allegedly restrictive port practices that existed in Japan. The Federal Maritime Commission imposed the sanctions under Section 19 of the Merchant Marine Act of 1920. Section 19 gives the Federal Maritime Commission authority to make rules and regulations where conditions unfavorable to shipping in the foreign trade exist. However, the Japanese Government does not control the port practices in Japan. The Japan Harbor Transportation Authority, a private conglomeration of labor unions, shippers, and other shipping entities in Japan, regulates port practices through collective-bargaining negotiations. …