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Articles 1 - 13 of 13
Full-Text Articles in Admiralty
The Lotus Principle In Icj Jurisprudence: Was The Ship Ever Afloat?, Hugh Handeyside
The Lotus Principle In Icj Jurisprudence: Was The Ship Ever Afloat?, Hugh Handeyside
Michigan Journal of International Law
But Lotus has perhaps drawn as much criticism as affirmation. Ian Brownlie observes that "[i]n most respects the Judgment of the Court is unhelpful in its approach to the principles of jurisdiction, and its pronouncements are characterized by vagueness and generality." Nor does there appear to be any clear consensus on the decision's core holdings; in fact, commentators have read the decision in alarmingly divergent ways. This Note avoids the legal cacophony surrounding the specific holdings of the Lotus decision, focusing instead on the Lotus principle. Scholars have persistently (and often uncritically) taken the Lotus principle at face value, citing …
Balancing Commerce, History, And Geography: Defining The Navigable Waters Of The United States, John F. Baughman
Balancing Commerce, History, And Geography: Defining The Navigable Waters Of The United States, John F. Baughman
Michigan Law Review
This Note develops a simple set of principles useful for defining navigable waters in a contemporary context. Part I considers why federal admiralty jurisdiction exists, and traces the evolution of the phrase navigable waters as a term of art. Part II analyzes the conflicting contemporary definitions of navigable waters. Part III resolves the conflict by proposing guidelines that address the major concerns of all competing definitions. The system advocated is consistent with the goals of admiralty, constitutionally sound, easy to apply, and focuses attention on the nexus test to resolve the issue of whether particular cases "belong" in admiralty.
Jurisdiction Over Foregin Flag Vessels And The U.S. Courts: Adrift Without A Compass?, Stefan A. Riesenfeld
Jurisdiction Over Foregin Flag Vessels And The U.S. Courts: Adrift Without A Compass?, Stefan A. Riesenfeld
Michigan Journal of International Law
Jurisdiction of a nation over vessels flying a foreign flag and over persons aboard such vessels should be a relatively simple and well settled matter. The sad fact, however, is that it is not. Moreover, the recent 1986 Maritime Drug Law Enforcement Act has added unnecessary and unexplainable confusion.
The Law Of Piracy: The United States Of America And The Law Of Piracy, Alfred P. Rubin
The Law Of Piracy: The United States Of America And The Law Of Piracy, Alfred P. Rubin
International Law Studies
No abstract provided.
The Law Of Piracy: British Practice In The Nineteenth Century, Alfred P. Rubin
The Law Of Piracy: British Practice In The Nineteenth Century, Alfred P. Rubin
International Law Studies
No abstract provided.
The Law Of Piracy: Table Of Contents, Alfred P. Rubin
The Law Of Piracy: Table Of Contents, Alfred P. Rubin
International Law Studies
No abstract provided.
The Law Of Piracy: "Piracy" In The Twentieth Century, Alfred P. Rubin
The Law Of Piracy: "Piracy" In The Twentieth Century, Alfred P. Rubin
International Law Studies
No abstract provided.
The Law Of Piracy: Index, Alfred P. Rubin
The Law Of Piracy: Index, Alfred P. Rubin
International Law Studies
No abstract provided.
The Law Of Piracy: Appendices, Alfred P. Rubin
The Law Of Piracy: Appendices, Alfred P. Rubin
International Law Studies
No abstract provided.
The Law Of Piracy: Abbreviations, Alfred P. Rubin
The Law Of Piracy: Abbreviations, Alfred P. Rubin
International Law Studies
No abstract provided.
The Law Of Piracy: Bibliography, Alfred P. Rubin
The Law Of Piracy: Bibliography, Alfred P. Rubin
International Law Studies
No abstract provided.
The Law Of Piracy: The Evolution Of The Concept Of Piracy In England, Alfred P. Rubin
The Law Of Piracy: The Evolution Of The Concept Of Piracy In England, Alfred P. Rubin
International Law Studies
No abstract provided.
The History Of Shipping Law In Canada: The British Dominance, Theodore L. Mcdorman
The History Of Shipping Law In Canada: The British Dominance, Theodore L. Mcdorman
Dalhousie Law Journal
In many areas of Canadian law, the British influence has been pervasive, but in no area has it been more so than in merchant shipping law. Great Britain have long been a seafaring nation and British prosperity and pride have long rested on maritime achievements. Great Britain controlled almost all aspects of colonial merchant shipping, and thus prevented the development of an autonomous Canadian foundation in maritime law. The British influence over Canadian merchant shipping legislation remained pervasive after Confederation and contributed to the failure of Canada to develop a merchant marine, despite Canada being one of the major users …