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Admiralty Commons

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2004

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Articles 1 - 14 of 14

Full-Text Articles in Admiralty

The Legal And Practical Aspects Of Places Of Refuge In The Context Of Salvage, Danhua Li Dec 2004

The Legal And Practical Aspects Of Places Of Refuge In The Context Of Salvage, Danhua Li

World Maritime University Dissertations

No abstract provided.


Seaworthiness In The Context Of The Isps Code And The Relevant Amendments To Solas Convention, 1974, Nabil Anwari Dec 2004

Seaworthiness In The Context Of The Isps Code And The Relevant Amendments To Solas Convention, 1974, Nabil Anwari

World Maritime University Dissertations

No abstract provided.


Flags Of Convenience Before The Law Of The Sea Tribunal, Tullio Treves Nov 2004

Flags Of Convenience Before The Law Of The Sea Tribunal, Tullio Treves

San Diego International Law Journal

Reflagged vessels and vessels flying flags of convenience (two phenomena that most often coexist) are frequent features in cases brought before the International Tribunal for the Law of the Sea (ITLOS or the Tribunal). Of all the cases decided by the Tribunal, only the Southern Bluefin Tuna cases and the MOX Plant case had nothing to do with this phenomenon; and only the former, which concerns fishing, somehow involves ships.


Framework Adjustment 14 Does Not Violate Magnuson-Stevens Act, Terry Boardman Oct 2004

Framework Adjustment 14 Does Not Violate Magnuson-Stevens Act, Terry Boardman

Sea Grant Law Fellow Publications

No abstract provided.


Federal Circuit Reverses $37 Million Award To Fishing Vessel, Lance Young Oct 2004

Federal Circuit Reverses $37 Million Award To Fishing Vessel, Lance Young

Sea Grant Law Fellow Publications

No abstract provided.


Is There A "Religious Question" Doctrine? Judicial Authority To Examine Religious Practices And Beliefs, Jared A. Goldstein Aug 2004

Is There A "Religious Question" Doctrine? Judicial Authority To Examine Religious Practices And Beliefs, Jared A. Goldstein

ExpressO

No abstract provided.


Admiralty, Robert S. Glenn Jr., Colin A. Mcrae, Jessica L. Mcclellan Jul 2004

Admiralty, Robert S. Glenn Jr., Colin A. Mcrae, Jessica L. Mcclellan

Mercer Law Review

The Eleventh Circuit Court of Appeals handed down ten opinions distinctly concerning admiralty issues during the 2003 calendar year. The topics covered in these cases varied from the traditional maritime issues of allision, cargo, contribution, and admiralty jurisdiction, to the less common maritime fields of criminal law and state sovereign immunity. With ten admiralty opinions in 2003, the Eleventh Circuit has maintained its status as one of the busiest admiralty circuits.


Scuba Shellfishing Ban Withstands Challenge, Lance Young Jul 2004

Scuba Shellfishing Ban Withstands Challenge, Lance Young

Sea Grant Law Fellow Publications

No abstract provided.


New Lobster Regulations Do Not Violate Atlantic Coastal Act,, Terry Boardman Apr 2004

New Lobster Regulations Do Not Violate Atlantic Coastal Act,, Terry Boardman

Sea Grant Law Fellow Publications

No abstract provided.


It’S Just Water: Toward The Normalization Of Admiralty, Ernest A. Young Jan 2004

It’S Just Water: Toward The Normalization Of Admiralty, Ernest A. Young

Faculty Scholarship

No abstract provided.


Brief Of Alain De Foucauld As Amicus Curiae In R.M.S. Titanic, Inc. V. The Wrecked And Abandoned Vessel, John Paul Jones Jan 2004

Brief Of Alain De Foucauld As Amicus Curiae In R.M.S. Titanic, Inc. V. The Wrecked And Abandoned Vessel, John Paul Jones

Law Faculty Publications

From the Summary of Argument:

The court below erred in its judgment that the procès verbal of October 20, 1993 should be refused recognition because it is contrary to French law. Article 13 of Decree No. 61-1547 (Dec. 21, 1961) does empower a maritime affairs administrator to award goods to a salvor under the conditions of this case, and there is no basis, in the record or in comity, for a conclusion to the contrary. Legislative acts in Canada and the United Kingdom affording administrative officers in those countries similar powers in cases of wreck and salvage persuade that, to …


Brief Of Professors Francesco Berlingieri Et Al. A S Amici Curiae In Norfolk Southern Railway Co. V. James N. Kirby Pty . Ltd., John Paul Jones Jan 2004

Brief Of Professors Francesco Berlingieri Et Al. A S Amici Curiae In Norfolk Southern Railway Co. V. James N. Kirby Pty . Ltd., John Paul Jones

Law Faculty Publications

From the Summary of Argument:

In the twelve major commercial maritime nations represented by amici, a transport intermediary acts either as an agent or as a principal--depending on the facts of the case--and no legal rule requires an intermediary to act as an agent when it has not agreed to do so. When an intermediary acts as an "agent" to contract on behalf of its customer, the customer is bound by the contract between the intermediary agent and a third-party carrier, but when the intermediary assumes for itself the carrier's role in a contract with its customer, the customer will …


Oceans Apart Over Sunken Ships: Is The Underwater Cultural Heritage Convention Really Wrecking Admiralty Law?, Liza J. Bowman Jan 2004

Oceans Apart Over Sunken Ships: Is The Underwater Cultural Heritage Convention Really Wrecking Admiralty Law?, Liza J. Bowman

Osgoode Hall Law Journal

This article examines the impact of the UNESCO Convention on the Protection of the Underwater Cultural Heritage on admiralty law, particularly the law of treasure salvage as applied to shipwrecks in international waters. Despite its many proponents, the Convention has numerous detractors who believe that if it enters into force, it will nullify treasure salvage, a prosperous industry in many areas of the world. Although much tension exists between salvage and the preservation of the underwater cultural heritage as proposed by the Convention, the author concludes that the two are not completely incompatible with one another. Rather, salvors and cultural …


Mutiny, Shipboard Strikes, And The Supreme Court's Subversion Of New Deal Labor Law, Ahmed A. White Jan 2004

Mutiny, Shipboard Strikes, And The Supreme Court's Subversion Of New Deal Labor Law, Ahmed A. White

Publications

No abstract provided.