Admiralty Commons^™

Noontime Dumping: Why States Have Broad Discretion To Regulate Onboard Treatments Of Ballast Water, Kyle H. Landis-Marinello

Michigan Law Review

Ballast water discharges from shipping vessels are responsible for spreading numerous forms of aquatic invasive species, a form of biological pollution that leads to billions of dollars in annual costs. In the wake of inaction from the federal government and inaction from the shipping industry, several Great Lakes states are currently considering legislation to address the problem. Michigan has already passed a law to prevent ballast water introductions of invasive species. As states begin to regulate ballast water discharges from oceangoing vessels, such laws will likely face challenges based on the constitutional principles of the Dormant Commerce Clause and the …

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

Mercer Law Review

The United States Court of Appeals for the Eleventh Circuit's admiralty docket was not particularly active this year, perhaps reflecting the state of the maritime practice. Interestingly, it was a good year for district court judges in the circuit, as the Eleventh Circuit affirmed nearly all of the lower courts' maritime decisions in the context of sovereign immunity, maritime statutes of limitation, jurisdiction, international carrier bonds, limitation of liability, allision, maritime liens, choice of law, and pollution.

Ibeto Petrochemical Industries Ltd V. M/T Beffen, 475 F. 3d 56 - Court Of Appeals, 2nd Circuit 2007, Roger J. Miner '56

Circuit Court Opinions

Plaintiff-Counter-Defendant-Appellant Ibeto Petrochemical Industries Limited ("Ibeto") appeals from an Order entered in the United States District Court for the Southern District of New York (Scheindlin, J.) in an action arising out of the contamination by seawater of a shipment of oil being carried by motor tanker. The Order granted the motions of Defendant-Appellee M/T Beffen, Her Engines, Tackles, Boiler, etc. (in rem) ("the Beffen") and Defendant-Counter-Claimant-Appellee Bryggen Shipping and Trading A/S (in personam) ("Bryggen") (collectively "defendants") to stay this action, to compel arbitration, and to enjoin an action pending in Nigeria. The Order also denied Ibeto's motion for voluntary …

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 …

U.S. Policy And The United Nations Convention On The Law Of The Sea, John E. Noyes

Faculty Scholarship

This essay examines U.S. attitudes toward the U.N. Convention on the Law of the Sea. Part I characterizes different U.S. perspectives toward foreign policy and international law, noting how these different viewpoints shape attitudes toward U.S. acceptance of the Convention. Part II then compares three concerns that U.S. Convention opponents have raised (relating to navigational freedom, U.S. participation in international institutions, and U.S. leadership in international affairs) to the perspectives associated with of one of the several different foreign policy approaches. Many followers of historically-predominant U.S. foreign policy approaches do not share the concerns of Convention opponents. However, even if …

Brief Of Professors David J. Bederman Et Al. As Amici Curiae In Exxon Shipping Co. V. Baker, John Paul Jones

Law Faculty Publications

Amicus Curiae brief in support of Petition for Certiorari to the Supreme Court of the United States in Exxon Shipping v. Baker (the "Exxon Valdez" case).

From the statement of Interest of Amici Curiae:

Amici are law professors engaged in study of the admiralty and maritime law of the United States. They have published extensively about it, and currently teach or have spent their professional careers teaching, about it.

The only interest of amici is in optimal development of the body of U.S. law that governs in cases of admiralty and maritime jurisdiction. Indeed, we differ on how various questions …

Flag State Control : An Overview And Its Relationship With Port State Control, Iqbal Fikri

World Maritime University Dissertations

No abstract provided.

Transportation Of Stowaways, Drugs And Contraband By Sea From The Maghreb Region : Legal And Policy Aspects, Semir T. Maksen

World Maritime University Dissertations

This dissertation is a study of the sensitive and complex maritime security issues of transportation of stowaways, smuggling drugs and contraband goods by sea from the Maghreb region. It considers the national and international contexts within which those threats have grown and discusses the root causes and consequences of this menace with emphasis on legal and policy aspects. This latter represents a challenge for the Maghreb States related to strategies, decision making fostering new reforms and proactive countermeasures. A particular focus on the notion of “maritime crime” is offered. An overview of the new maritime security concerns faced by the …

Legal Interoperability Issues In International Cooperation Measures To Secure The Maritime Commons, Craig Allen

Books

Contains papers submitted at a workshop sponsored by the William B. Ruger Chair of National Security Economics, Newport, Rhode Island 6-8 November, 2006.

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

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

Mercer Law Review

The Eleventh Circuit Court of Appeals handed down eight published opinions during the 2005 calendar year that dealt distinctively with admiralty issues. The cases represented a broad spectrum of traditional maritime issues, as the court issued opinions on such varied topics as salvage, admiralty practice and procedure, limitation of liability, the Longshore and Harbor Workers' Compensation Act, marine insurance, the Vessel Hull Design Protection Act, and the doctrine of forum non conveniens. With this diverse range of topics covered in its 2005 opinions, the Eleventh Circuit remains one of this country's most important admiralty circuits.

Book Reviews

Journal of Maritime Law and Commerce

No abstract provided.

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

Vol. 55, No. 1, 2025-2026

Journal of Maritime Law and Commerce

No abstract provided.

Florida Court Limits Rule To Red Grouper, Jonathan Lew

Sea Grant Law Fellow Publications

No abstract provided.

Fugitive Slaves And Ship-Jumping Sailors: The Enforcement And Survival Of Coerced Labor, Jonathan M. Gutoff

Law Faculty Scholarship

This article explores the relationship between the law of maritime labor and the law of slavery. In the eighteenth century, both sailors and slaves were part of a broad regime of unfree labor relations, with slaves, of course, the most oppressed. In the nineteenth century, an era otherwise supposedly devoted to the ideal of "free" labor, sailors and slaves instead remained unfree, subject to federal laws providing for the forced return to their toils if they deserted - the Merchant Seaman's Act and the Fugitive Slave Act. Both of those statutes were deemed to be within Congress' authority, despite questionable …

Sea Grant Law Fellow Marks International Maritime Court "First", Tory Randall

Sea Grant Law Fellow Publications

No abstract provided.

Risk Communication And Maritime Safety Legislation, Anish Arvind Hebbar

World Maritime University Dissertations

No abstract provided.

A Comparative Study On The Legal System Of Arrest Of Ships In China, Haifeng Lin

World Maritime University Dissertations

No abstract provided.

What Constitutes A Package Or Unit For The Purpose Of Determining The Package Limitation In Carriage Of Goods By Sea Cogsa?, Fodil Tighilt

World Maritime University Dissertations

No abstract provided.

The State Of Play As Regards The Allocation Of Places Of Refuge In The Baltic Sea, John Howard Ohlson

World Maritime University Dissertations

No abstract provided.

Study On The Effect Of The Port Law On The Development Of Chinese Ports, Li. Yuqi

World Maritime University Dissertations

No abstract provided.

The Regime Of Boarding Ships In International Maritime Law, Salam Khadim Baghdad Al-Khafaji

World Maritime University Dissertations

No abstract provided.

A Study On The Legal Problems Related To Places Of Refuge, Wenzhi Yang

World Maritime University Dissertations

No abstract provided.

Saving Salvage: Avoiding Misguided Changes To Salvage And Finds Law, Christopher Z. Bordelon

San Diego International Law Journal

In recent years, as technology permitting previously impossible underwater salvage operations has become available, ancient principles of the laws of salvage and of finds as applied to sunken ships have come under attack. Those who would limit or preclude the application of salvage and finds principles and the conduct of salvage operations in the context of shipwrecks have advocated changes in both the common law of admiralty and in related statutory law. They have also supported an international convention on the subject. Academic commentary favoring heightened preservation praises these developments and promotes further initiatives to protect the "underwater cultural heritage" …

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Court Grants No Leniency For Maritime Lien Claim,, Jonathan Lew

Sea Grant Law Fellow Publications

No abstract provided.

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

Mercer Law Review

The Eleventh Circuit Court of Appeals presented practitioners of maritime law with important new admiralty case law in 2004. Although the Eleventh Circuit published only four admiralty opinions in 2004, the United States Supreme Court handed down two decisions in the areas of cargo and longshore law that will have a far-reaching impact on maritime law. The Eleventh Circuit dealt with two passenger cruise line cases and a salvage dispute, both of which serve as the subject of considerable litigation in the Eleventh Circuit. In addition, the Eleventh Circuit Court of Appeals handed down an important decision involving the enforcement …

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 …

Table Of Contents

Journal of Maritime Law and Commerce

No abstract provided.