Admiralty Commons^™

How Icebreaking Governance Interacts With Inuit Rights And Livelihoods In Nunavut: A Policy Review, Breanna Bishop, Jade Owen, Lisette Wilson, Tagalik Eccles, Aldo Chircop, Lucia Fanning

Articles, Book Chapters, & Popular Press

Sea ice is a contested space when it comes to navigation in ice-covered regions. For Inuit in Nunavut, Canada, sea ice is an integral platform of coastal connectivity, allowing access to areas of subsistence and cultural value. For vessels transiting Arctic waters, sea ice poses potential risks to vessel, crew, and passenger safety consequently, icebreaking is considered an essential service. Yet, many communities in Nunavut have described icebreaking as having, or potentially having significant negative impacts on community and ecological wellbeing. Several policies regulate and provide guidance to icebreakers operating in ice-covered waters. With anticipated increases to icebreaking demand in …

Introduction, Aldo Chircop, Floris Goerlandt, Claudio Aporta, Ronald Pelot

Articles, Book Chapters, & Popular Press

This chapter introduces a multidisciplinary collection of chapters addressing various aspects of governance of Arctic shipping written by leading international scholars. It investigates how ocean changes and anthropogenic impacts affect our understanding of risk, policy, management and regulation for safe navigation, environment protection, conflict management between ocean uses, and protection of Indigenous peoples’ interests in Canadian Arctic waters. The book is divided in three parts, together providing a multi-faceted and interdisciplinary view on governance of Arctic shipping. The first part addresses conceptual and empirical aspects of risk governance, management, and assessment in the Canadian Arctic. The second part focuses on …

Application Of Law By The Maritime Arbitration Commission In Settling Disputes, Sergei N. Lebedev

Georgia Journal of International & Comparative Law

No abstract provided.

Assessment Of The Maritime Legislative Regulatory Framework Relating To The Jamaica Logistics Hub With Special Reference To Selected Contemporary Maritime Issues, Deniece Melissa Aiken

World Maritime University Dissertations

No abstract provided.

Maritime Law, George Strathy

Dalhousie Law Journal

This substantial work. written by three members of the faculty of the Marine and Environmental Law Institute at Dalhousie University, is part of the Irwin Law, Essentials of Canadian Law series. Running to just over 800 pages of text, it covers the waterfront, so to speak, of its subject matter. An indication of the scope of the text is reflected in the division of labour among the three authors. They co-authored an introductory chapter and each took responsibility for writing different chapters of the rest of the book. Edgar Gold, a former ship captain and a Master Mariner, has been …

Shipping Documentation In Somalia - Associated Problems, The Need To Amend Legislation, A. O. Hussein

World Maritime University Dissertations

No abstract provided.

From Cutlass To Cat-O'-Nine Tails: The Case For International Jurisdiction Of Mutiny On The High Seas, George P. Smith Ii

Michigan Journal of International Law

This article will first discuss the historical background of mutiny, describing several of the major mutinies at sea that have been of interest to legal historians. Then will come an analysis of the history of piracy and an exploration of its symbiotic relationship with mutiny. Subsequent analysis will be given over to municipal law provisions outlawing mutiny - with concentration placed on the postures taken by those nation-states which subscribe to or are guided by the common law. A study of those relevant principles of international law regarded as controlling, as a consequence of historical vectors of force and municipal …

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 Recovery Of Shipwrecks In International Waters: A Multilateral Solution, Elizabeth Barrowman

Michigan Journal of International Law

This Note will examine the current state of international law concerning property rights to all types of wrecks discovered in international waters. It will show that a multilateral convention is needed to establish an international framework for property rights to shipwrecks of historical and archaeological value, to wrecks of military vessels, and to wrecks of commercial ships such as the Titanic. There may be obstacles to the establishment of a multilateral convention, but the international community must provide certainty to ownership questions, furnish protection for submarine antiquities, and prevent disputes arising from the wrongful salvage of military vessels.

The Contours Of Extraterritorial Jurisdiction In Drug Smuggling Cases, Stephen E. Chelberg

Michigan Journal of International Law

This note examines the contours of U.S. jurisdiction over drug smugglers on the high seas. After a brief discussion of the two principal U.S. drug statutes, the note considers the territorial and protective principles of jurisdiction as defined by U.S. courts. Controversy currently centers around whether U.S. drug laws apply to foreign ships, carrying controlled substances on the high seas, where there has been no showing of an intent to import the drugs into the United States.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. Admiralty Shipowner's Warranty of Seaworthiness extends to any Regularly Used Mode of Ingress or Egress

Award of Prejudgment Interest in Admiralty may be Denied Party Substantially at Fault

Contribution will lie against the United States in Non-collision Maritime Cases when United States and Third Party Adjudged Mutually Negligent

Admiralty Jurisdiction does not Extend to Shoreside Injury Caused by Unloaded Cargo

Admiralty Jurisdiction does not Extend to Shoreside Injury Caused by Negligent Handling of Shipowner's Dunnage when Stevedore uses Own Equipment

2. ARBITRATION

Foreign Arbitration Award may be Enforceable at Bankruptcy although Issued after Initiation of Bankruptcy Proceedings

3. CONTRACTS …

Freedom Of Navigation For International Rivers: What Does It Mean?, Ralph W. Johnson

Michigan Law Review

The purpose of this paper will be to analyze the origin of the concept, trace its (their) development, point out the most commonly used meanings, and then demonstrate the substantial irrelevance of the concept, by any of these definitions, to present-day river navigation and trade problems.

Longshoreman-Shipowner-Stevedore: The Circle Of Liability, Harney B. Stover, Jr.

Michigan Law Review

It is universally recognized that in the past two decades the United States Supreme Court has substantially revised the law under which seamen, longshoremen and harbor workers (or their survivors) may recover damages for personal injury and death. One of the more recent and most authoritative texts in the field of admiralty and maritime law devotes an entire chapter, 147 pages in length, to the subject of the rights of seamen and maritime workers (or their survivors) of recovery for injury and death. The introduction to that chapter likens the Court's rewriting of the law in this field to a …

Labor Law--Injunctions--Order Restraining Election Aboard "Flag-Of-Convenience" Vessel, Lee D. Powar

Michigan Law Review

Upon petition of the National Maritime Union, the National Labor Relations Board directed a representation election among all unlicensed foreign seamen employed by Empresa Hondurena de Vapores, S.A., aboard a Honduran-registered ship. Empresa, a Honduran corporation which is a wholly-owned subsidiary of the United Fruit Company, sought injunctive relief in a federal district court. The petition alleged that the Board's order violated treaty obligations, the Constitution of the United States and principles of international law. The Regional Director of the NLRB moved to dismiss, asserting that the district court lacked jurisdiction to enjoin such an order and that the Board's …

The Seaman As Ward Of The Admiralty, Martin J. Norris

Michigan Law Review

The seaman has a peculiar status in American law. He is in most instances a mature individual, sui juris, and therefore capable of entering into his own contracts but nonetheless his contractual dealings with shipmasters and owners are as carefully watched by our admiralty courts as though he were a minor or a young heir. He is in contemplation of the maritime law a ward of the admiralty courts.

The seaman's position in a legal and economic sense is unique. Singled out by the Congress of the United States as one of a class of workers requiring special consideration …

Anteproyecto De Ley De Fomento Y Defensa De Marina Mercante Nacional, República De Cuba. Senado.

Mario Diaz Cruz Pamphlets

Preparado por la Comisión de Estudios sobre Fomento y Defensa de la Marina Mercante. Marzo, 1945.

International Aspects Of Prohibition Enforcement, Edwin D. Dickinson

Articles

The Eighteenth Amendment to the Federal Constitution prohibits "the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes." 40 Stat. io5O, 1941. In the National Prohibition Cases. 253 U. S. 350, 386, the amendment was said to be operative "throughout the entire territorial limits of the United States." As originally enacted, the National Prohibition Act did not in terms define its territorial field, but a supplemental provision afterwards enacted declares that the act "shall apply not only to …

Requisitioned And The Government-Owned Ship, J. Whitla Stinson

Michigan Law Review

Jurisdiction over requisitioned and government-owned merchantmen and their liabilities under maritime laws are questions which present no real novelty. They were regarded by the ancient sea-law and were as familiar to it as they have recently become,-on account of the exigencies of the late war, to the admiralty systems of to-day. The maritime law of Rome supplies modem cases with the most cogent parallels and is reflected today in the jurisprudence of France and other continental and Latin countries. The jurisdictional question which figures most prominently in these cases relates to the authority to arrest or libel the property of …

Retaliation And Neutral Rights, Hessel Edward Yntema

Michigan Law Review

The readjustment of international law to the ever-changing conditions of maritime warfare has always presented problems of extreme difficulty. Particularly is this the case, when, as in the Napoleonic wars and the recent European conflict, belligerents, falling back upon the exceptional plea of necessity, attempt to modify the rights of neutral powers to their own advantage or even to involve them in the conflict. A question of this character, namely, the extent to which a belligerent in pursuing retaliatory measures against 'alleged violations of international law by his opponent, may thereby abridge the admitted rights of neutrals, was raised in …