Admiralty Commons^™

Federal Maritime Jurisdiction Pushes Inland,, Benjamin Spruill

Sea Grant Law Fellow Publications

No abstract provided.

Makah Tribe Entitled To Percentage Of Pacific Whiting Harvest, Lance Young

Sea Grant Law Fellow Publications

No abstract provided.

Book Review To In Harm's Way: The Sinking Of The Uss Indianapolis And The Extraordinary Story Of Its Survivors, Eric R. Carpenter

Faculty Publications

No abstract provided.

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

World Maritime University Dissertations

No abstract provided.

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

Sea Grant Law Fellow Publications

No abstract provided.

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

ExpressO

No abstract provided.

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

Sea Grant Law Fellow Publications

No abstract provided.

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

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

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

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

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

Publications

No abstract provided.

Complying With The New Maritime Security Regime : Towards A Model Maritime Law Enforcement Approach, Donny Michael

World Maritime University Dissertations

No abstract provided.

The Integration Of Existing Regulatory Measures To Develop An Effective Quality System For The Maritime Industry, Rafael Quiroz Vera

World Maritime University Dissertations

No abstract provided.

Maritime Arbitration : A Case Study Of Vietnamese Law And Practice, Nguyen Quang Anh

World Maritime University Dissertations

No abstract provided.

International Marine Environment Law: A Case Study In The Wider Caribbean Region, Benedict C. Sheehy

ExpressO

Abstract: This study examines the effectiveness of international marine environment law in controlling and abating contamination of the marine environment in the Wider Caribbean Region. The main international agreement covering the region is the Cartagena Convention which came into force in 1983. This convention, initiated by the UNEP under its Regional Seas Program, is considered one of the most successful of the programs. The study examines that claim in light of events since the adoption of the Cartagena Convention by the majority of nations bordering on the region. Mexico, because of its stature as a leading Latin American nation, is …

Navigating The Straits Of Settlement And Insolvency: A Reconciliation Of Joint And Several Liability And Proportionate Settlement Under The Maritime Law, David D. Jensen

Washington and Lee Law Review

No abstract provided.

Obligations And Implications For Ships Encountering Persons In Need Of Assistance At Sea, Martin Davies

Washington International Law Journal

While there are multiple obligations to rescue individuals lost at sea, mostly expressed in multilateral treaties, there are limited mechanisms for enforcing those laws. Enforcement needs to be accomplished through criminal law, as the civil lawsuit is a poor mechanism. The United States and Australia provide adequate examples of the implementation, or lack thereof, of international treaties into criminal law. However, even where the various treaties have been incorporated into the law of the nation by implementing legislation, the enforcement remains ineffective. This is partially because the onus of enforcement falls primarily on the flag state of the ship in …

The Tampa Incident: Imo Perspectives And Responses On The Treatment Of Persons Rescued At Sea, Frederick J. Kenney Jr., Vasilios Tasikas

Washington International Law Journal

The duty to provide aid to fellow seafarers in distress has long been enshrined in maritime tradition. The modem formalization of this duty in international law, however, has created a division between the duty to "provide assistance" and the obligation to "rescue." This division has created ambiguity and friction as the former duty applies to individuals and vessels whereas the latter obligation applies to states. In recent years, incidents involving two commercial vessels, the Tampa and the Castor, have starkly illustrated the extent to which this ambiguity and friction in international law translates into negative effects in the real …

Introduction To The Maritime Law Forum, Craig H. Allen

Washington International Law Journal

The members of the Pacific Rim Law & Policy Journal are to be congratulated for their initiative, compassion, and insight in calling attention to the August 26, 2001 M/V Tampa incident and subjecting the actions of the involved principals and the governing legal regime to close and thoughtful scrutiny. Planning for the April 22, 2002 symposium in Seattle began in the fall of 2001, shortly after the Tampa's week-long crisis involving 438 migrants garnered international attention. Speakers for the Symposium conference, recruited under the leadership of the Journal's 2001-2002 Editor-in-Chief, Kelly Thomas, hailed from Australia, Europe and throughout the …

Introduction, The Osceola After 100 Years: Its Meaning And Effect On Maritime Personal Injury Law In The United States, Craig Allen

Articles

A century ago the United States Supreme Court issued its decision in The Osceola [189 U.S. 158 (1903)], announcing four legal propositions that controlled personal injury claims by seamen at the time. On the 100th anniversary of the Court's decision, the four admiralty law professors contributing to this symposium take the opportunity to critically examine the Court's renowned decision, Congress' responses to the decision, and the effect of both The Osceola's four propositions and the responsive legislation on the remedies available to injured maritime workers in the 21st century.

In the first of the three articles that follow, Professor …

The Role And Responsibility Of Minor Stakeholders In The Elimination Of Substandard Shipping : A Critical Analysis, Wayne A. Mykoo

World Maritime University Dissertations

No abstract provided.

Addressing Major Maritime Security Issues Of Global, Regional And National Significances : Law And Policy Implications In The Context Of China, Yingping Li

World Maritime University Dissertations

No abstract provided.

A Method For Modeling Low-Probability, High- Consequence Risk Events: Vessel Traffic On The Lower Mississippi River, George Wooddell, Robert Gramling, Craig J. Forsyth

The University of New Hampshire Law Review

[Excerpt] "A variety of commodities, from chlorine to corn and petroleum to passengers, are transported on the lower Mississippi River regularly. Corn, wheat and coal are the most commonly carried commodities. From a human health and safety perspective, these are relatively benign products in that a vessel accident and spill of these are not directly hazardous to people, whatever other ecological disturbances may ensue. However, over eighty million tons of petroleum products are transported on the river annually. Over a million tons of liquid natural gas traverse the river through the center of New Orleans. Additionally, over 400,000 tons of …

Marine Collisions In The Vertical: Submarines Surfacing, John Paul Jones

Law Faculty Publications

Discussion of liabilities arising from maritime collisions involving surfacing submarines.