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Admiralty Commons

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2017

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Articles 1 - 27 of 27

Full-Text Articles in Admiralty

The Earth's Atmosphere As A Global Trust: Establishing Proportionate State Responsibility To Maintain, Restore And Sustain The Global Atmosphere, Thomas Boudreau Ph.D. Aug 2017

The Earth's Atmosphere As A Global Trust: Establishing Proportionate State Responsibility To Maintain, Restore And Sustain The Global Atmosphere, Thomas Boudreau Ph.D.

Environmental and Earth Law Journal (EELJ)

Expanding upon the important work already accomplished by the Paris Agreement (2015), the United Nations General Assembly (UNGA) can help create the international legal framework needed by recognizing, in a nonbinding resolution as a first step, the Earth’s atmosphere as a global trust and thus helping to create the necessary legal capacity- building among nation-states to monitor, maintain as well as restore the Earth’s atmosphere for future generations.


The Dangers Of Water Privatization: An Exploration Of The Discriminatory Practices Of Private Water Companies, Elana Ramos Aug 2017

The Dangers Of Water Privatization: An Exploration Of The Discriminatory Practices Of Private Water Companies, Elana Ramos

Environmental and Earth Law Journal (EELJ)

No abstract provided.


Putting The Sun Back Into The Sunshine State: How Florida's Transition To Solar Power Has Brought The State Out Of The Shadows Cast By Big Oil's Energy-Monopoly, Christopher Berman Aug 2017

Putting The Sun Back Into The Sunshine State: How Florida's Transition To Solar Power Has Brought The State Out Of The Shadows Cast By Big Oil's Energy-Monopoly, Christopher Berman

Environmental and Earth Law Journal (EELJ)

No abstract provided.


An Overview Of The Zika Virus Epidemic And What America Can Do To Prevent The Spread Of The Virus In The Future, Alexandra Parrish Aug 2017

An Overview Of The Zika Virus Epidemic And What America Can Do To Prevent The Spread Of The Virus In The Future, Alexandra Parrish

Environmental and Earth Law Journal (EELJ)

No abstract provided.


Clean Power Plan, Janice Chon Aug 2017

Clean Power Plan, Janice Chon

Environmental and Earth Law Journal (EELJ)

No abstract provided.


It's All Downhill From Here: How The Nation's Dispute With Clean Water Act Jurisdiction Is Solved, Spencer H. Newman Aug 2017

It's All Downhill From Here: How The Nation's Dispute With Clean Water Act Jurisdiction Is Solved, Spencer H. Newman

Environmental and Earth Law Journal (EELJ)

What makes the United States one of the most prosperous and safest nations in the modern world? Perhaps it is the durable economy, the strong military force, or the Constitutional protections. What most Americans take for granted, however, is something people in many nations base their entire lives around: safe, clean water. Promulgated in 1972, the original Clean Water Act has been opposed and amended over the course of forty years. No provision, however, has been as hotly contested as the § 404 program for “dredge and fill” permits. Specifically, this section led to divisions on what constitutes “water” that …


Lost At Sea: The Continuing Decline Of The Supreme Court In Admiralty, Michael Sevel Aug 2017

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 …


Common Law Jurisprudence On Public Vessel Status In The United States: Annotated Cases, Erika Wheat Aug 2017

Common Law Jurisprudence On Public Vessel Status In The United States: Annotated Cases, Erika Wheat

Sea Grant Law Fellow Publications

This document provides an overview of the facts and disposition of federal cases interpreting whether vessels are “public vessels” under U.S. admiralty law. This document is a supplement to Status of the U.S. Academic Research Fleet as Public Vessels under U.S. and International Law, which discusses these cases and other legal authorities relevant to a determination of whether U.S. academic research fleet vessels are public vessels. The cases in this document are arranged by circuit and type of court and are presented in reverse chronological order within each court. This document is to be used for research purposes only and …


Status Of The U.S. Academic Research Fleet As Public Vessels Under U.S. And International Law, Rhode Island Sea Grant Law Fellow Program, Marine Affairs Institute (Mai), Roger Williams University School Of Law, Erika Wheat, Mark Hartmann Aug 2017

Status Of The U.S. Academic Research Fleet As Public Vessels Under U.S. And International Law, Rhode Island Sea Grant Law Fellow Program, Marine Affairs Institute (Mai), Roger Williams University School Of Law, Erika Wheat, Mark Hartmann

Sea Grant Law Fellow Publications

No abstract provided.


Save Our Ships: How U.S. National Security Interests Affect The Human Rights Of Stranded Seafarers As A Result Of Shipping Bankruptcies, Michelle S. Lee May 2017

Save Our Ships: How U.S. National Security Interests Affect The Human Rights Of Stranded Seafarers As A Result Of Shipping Bankruptcies, Michelle S. Lee

Brooklyn Journal of International Law

Hanjin Shipping Company declared bankruptcy in September 2016. The South Korean shipping giant, owner of dozens of massive shipping vessels, was suddenly engulfed in multiple bankruptcy proceedings all over the world. When a major company such as Hanjin falls, the attention is focused mainly on the money, statistics, and the corporate heads. There is rarely a spotlight on how such a collapse affects the workers. With Hanjin at the forefront of the new wave of shipping bankruptcies, it will be increasingly important to understand the realities of the financial disasters on the lives of the company’s employees. This Note will …


On The Law Of Pirate Fishing And Its Connection To Human Rights Violations And To Environmental Degradation - A Multi-National Disaster, Barry Hart Dubner, Loany M. Vargas Apr 2017

On The Law Of Pirate Fishing And Its Connection To Human Rights Violations And To Environmental Degradation - A Multi-National Disaster, Barry Hart Dubner, Loany M. Vargas

Journal of Maritime Law and Commerce

No abstract provided.


Korean Maritime Case Update: 2015/2016, In Hyeon Kim Apr 2017

Korean Maritime Case Update: 2015/2016, In Hyeon Kim

Journal of Maritime Law and Commerce

No abstract provided.


Shipper's Title To Sue After The Transfer Of The Bill Of Lading - A Comparative Study For The Reform Of Chinese Maritime Law, Tianyi Jiang, Zhen Jing Apr 2017

Shipper's Title To Sue After The Transfer Of The Bill Of Lading - A Comparative Study For The Reform Of Chinese Maritime Law, Tianyi Jiang, Zhen Jing

Journal of Maritime Law and Commerce

No abstract provided.


Charterers And Vetting: Balancing Between Freedom And Nightmare, Dimitris Houvardas Apr 2017

Charterers And Vetting: Balancing Between Freedom And Nightmare, Dimitris Houvardas

Journal of Maritime Law and Commerce

No abstract provided.


Attaching Domestic Assets To Remedy High Seas Pollution: Rule B And Marine Debris, Jonathan M. Gutoff Apr 2017

Attaching Domestic Assets To Remedy High Seas Pollution: Rule B And Marine Debris, Jonathan M. Gutoff

Law Faculty Scholarship

No abstract provided.


Table Of Contents Apr 2017

Table Of Contents

Journal of Maritime Law and Commerce

No abstract provided.


Proportional Fault In Maritime Collisions-Charting The New Course, Gustave R. Dubus Iii Jan 2017

Proportional Fault In Maritime Collisions-Charting The New Course, Gustave R. Dubus Iii

Georgia Journal of International & Comparative Law

No abstract provided.


Conference Of Soviet And American Jurists On The Law Of The Sea And The Protection Of The Marine Environment, Milton Katz, Richard R. Baxter, O. V. Bogdanov, William E. Butler, Thomas M. Franck, Richard Frank, P. P. Gureev, John L. Hargrove, L. A. Ivanaschenko, Y. Kasmin, V. A. Kiselev, B. M. Klimenko, H. G. Knight, O. S. Kolbasov, A. L. Kolodkin, V. M. Koretsky, F. N. Kovalev, V. N. Kudrjavtsev, B. A. Kuvshinnikov, M. I. Lazarev, A. L. Makovsky, Charles W. Maynes, P. A. Moiseev, John N. Moore, A. P. Movchan, T. M. Starzhina, Robert E. Stein, Grigory I. Tunkin, E. T. Usenko, A. F. Vysotsky, A. K. Zhudro Jan 2017

Conference Of Soviet And American Jurists On The Law Of The Sea And The Protection Of The Marine Environment, Milton Katz, Richard R. Baxter, O. V. Bogdanov, William E. Butler, Thomas M. Franck, Richard Frank, P. P. Gureev, John L. Hargrove, L. A. Ivanaschenko, Y. Kasmin, V. A. Kiselev, B. M. Klimenko, H. G. Knight, O. S. Kolbasov, A. L. Kolodkin, V. M. Koretsky, F. N. Kovalev, V. N. Kudrjavtsev, B. A. Kuvshinnikov, M. I. Lazarev, A. L. Makovsky, Charles W. Maynes, P. A. Moiseev, John N. Moore, A. P. Movchan, T. M. Starzhina, Robert E. Stein, Grigory I. Tunkin, E. T. Usenko, A. F. Vysotsky, A. K. Zhudro

Georgia Journal of International & Comparative Law

Included in the papers for the Conference of Soviet and American Jurists on the Law of the Sea and the Protection of the Marine Environment:

Introduction by Milton Katz and Richard R. Baxter, p. 1

Freedom of Scientific Research in the World Ocean by A.F. Vysotsky, p. 7

The International Law of Scientific Research in the Oceans by Richard R. Baxter, p. 27

Responsibility and Liability for Harm to the Marine Environment by Robert E. Stein, p. 41

Liability for Marine Environment Pollution Damage in Contemporary International Sea Law by A. L. Makovsky, p. 59

Protection of the Marine Environment …


Attaching Domestic Assets To Remedy High Seas Pollution: Rule B And Marine Debris, Jonathan M. Gutoff Jan 2017

Attaching Domestic Assets To Remedy High Seas Pollution: Rule B And Marine Debris, Jonathan M. Gutoff

Roger Williams University Law Review

No abstract provided.


Bunker Intermediaries And Their Rights To A Maritime Lien Under Cimla, Chresanthe E. Staurulakis Jan 2017

Bunker Intermediaries And Their Rights To A Maritime Lien Under Cimla, Chresanthe E. Staurulakis

Law Student Publications

Fuel intermediaries supply a valuable service in today’s shipping industry, playing a supporting role in the operation of cargo carriers, by box or in bulk. Working for the vessel, fuel intermediaries order “bunkers” from local physical suppliers and arrange for the suppliers to “stem” the vessel when she reaches the specified port. Such a service is crucial where vessels run international routes on tight schedules and risk delay due to language barriers, changes in currencies or changes in port requirements. Regarded within the industry as “local experts,” intermediaries leverage their knowledge, technology, resources and people to connect the vessel with …


The Future Of Arctic Navigation: Cooperation Between The International Maritime Organization And Arctic Council, Ilker Basaran Jan 2017

The Future Of Arctic Navigation: Cooperation Between The International Maritime Organization And Arctic Council, Ilker Basaran

Journal of Maritime Law and Commerce

No abstract provided.


Salvaging The Term "Suitor": How The Declaratory Judgment Act Has Commandeered Congressional Intent, Brett P. Hargaden Jan 2017

Salvaging The Term "Suitor": How The Declaratory Judgment Act Has Commandeered Congressional Intent, Brett P. Hargaden

Roger Williams University Law Review

No abstract provided.


Table Of Contents Jan 2017

Table Of Contents

Journal of Maritime Law and Commerce

No abstract provided.


The Uncertain Status Of The Puerto Rico Ports Authority: Working Towards A Uniform Arm-Of-The-State Test, Jessica Landry Wildeus Jan 2017

The Uncertain Status Of The Puerto Rico Ports Authority: Working Towards A Uniform Arm-Of-The-State Test, Jessica Landry Wildeus

Law Student Publications

Many port authorities are allocated special status and therefore partake in the parent state’s Eleventh Amendment immunity as effective arms-of-the-state. This serves several important policy goals, yet the precedent surrounding the arm-of-the-state test is muddled. This results in different tests and standards, depending on the court hearing the case, leading to different results for different entities. The Port Authority of Puerto Rico (“PRPA”) is in an especially vulnerable situation, due to its dual function as a governmental and corporate entity. The unclear status of what role the function of an entity should play in determining its status under the Eleventh …


Utmost Good Faith In Marine Insurance: A Message On The State Of The Dis-Union, Attilio M. Costabel Jan 2017

Utmost Good Faith In Marine Insurance: A Message On The State Of The Dis-Union, Attilio M. Costabel

Journal of Maritime Law and Commerce

No abstract provided.


Liability In Criminal And Private Law Regarding Maritime Safety, Pumin Rong Jan 2017

Liability In Criminal And Private Law Regarding Maritime Safety, Pumin Rong

Journal of Maritime Law and Commerce

No abstract provided.


Chenevert V. Travels Indem. Co.: The Fifth Circuit Extends The Lhwca Compensation Carrier's Equitable Lien To Jones Act Settlements, Ruixuan Zhuo Jan 2017

Chenevert V. Travels Indem. Co.: The Fifth Circuit Extends The Lhwca Compensation Carrier's Equitable Lien To Jones Act Settlements, Ruixuan Zhuo

Journal of Maritime Law and Commerce

No abstract provided.