Admiralty Commons^™

The Impact Of Competing Interests And Pressures On Maritime Administrations In Aspiring Maritime States : A Critical Analysis, David V. Robin

World Maritime University Dissertations

No abstract provided.

Admiralty, Robert S. Glenn Jr., Colin A. Mcrae

Mercer Law Review

The Court of Appeals for the Eleventh Circuit decided fourteen admiralty cases with written opinions in 2000. These cases can generally be divided into three broad categories: (1) cases involving the interpretation of federal statutes such as The Americans with Disabilities Act, ("ADA"), the Foreign Sovereign Immunities Act ("FSIA"), the Suits in Admiralty Act ("SAA"), The Carriage of Goods By Sea Act ("COGSA"), and the Federal Maritime Lien Act ("FMLA"); (2) cases involving the interplay of admiralty law and state law in suits involving claims for attorney fees, the application of laches, and marine insurance issues; and (3) cases involving …

A Brief Overview Of The Enforceability Of Forum Selection, Choice Of Law, And Arbitration Clauses And The Doctrine Of Forum Non Conveniens Under The Admiralty Law Of The United States, Donald R. Abaunza

Dalhousie Law Journal

Forum selection, choice of law and arbitration clauses are of great significance in offshore contracts, where disputes may arise in locations far removed from the fora identified in those contracts. In this article, the author provides an examination of the enforceability of these clauses in the United States, together with an explanation of the operation of the doctrine of forum non conveniens in that country.

Select Provisions Of The Commercial Maritime Code Of The Russian Federation, William Honea

Washington International Law Journal

The Commercial Maritime Code of the Russian Federation (RMC) entered into force on April 30, 1999. The RMC is a far-reaching and progressive document that seeks to provide a framework for all commercial maritime activities within Russia. The RMC uses the language of the 1982 United Nations Convention on the Law of the Sea, and implements treaties and agreements including those that cover oil pollution, vessel arrest, and competency standards for seafarers. It occupies the field of Russian maritime law, specifically replacing a long list of inherited Soviet laws. It regulates the movement of goods at sea, many common aspects …

Paradox On The High Seas: Evasive Standards Of Medical Care - Duty Without Standards Of Care; A Call For The International Regulation Of Maritime Healthcare Aboard Ships, 34 J. Marshall L. Rev. 751 (2001), Thomas A. Gionis

UIC Law Review

No abstract provided.

Lochner, Liquor, And Longshoremen: A Puzzle In Progressive Era Federalism, Barry Cushman

Journal Articles

In 1890, the Supreme Court shocked and thrilled the civilized world with the announcement that dry states could not prohibit the sale of liquor shipped in from outside the state. So long as the out-of-state goods remained in their "original packages," the Court held they retained their character as interstate commerce subject only to federal regulation. The consequences for the cause of local sobriety were, predictably, catastrophic. The proliferation in temperance territory of "original package saloons," at which one could purchase liquor free from the superintendence of local liquor authorities, was appalling to dry eyes. Members of Congress immediately proposed …

Admiralty Law, George M. Earle

Mercer Law Review

The Eleventh Circuit Court of Appeals published six admiralty opinions in 1999. The court faced one issue of first impression, but otherwise applied existing case law to decide the cases before it. In the case presenting the issue of first impression, the court joined the Fifth Circuit in holding that an ocean carrier's unreasonable deviation does not nullify the one-year statute of limitation for filing suit under the Carriage of Goods by Sea Act. The cases decided with reference to existing law included two cases involving maritime liens, one case addressing appellate jurisdiction, one case addressing personal jurisdiction, and one …

Editor's Note, Robert M. Jarvis

Journal of Maritime Law and Commerce

No abstract provided.

Enjoy The Donut: A Regulatory Response To The White Paper On Preserventing Invasion Of The Great Lakes By Exotic Species, Sandra B. Zellmer

Faculty Law Review Articles

No abstract provided.

The Good Samaritan And Admiralty: A Parable Of A Statute Lost At Sea, Patrick J. Long

Journal Articles

No abstract provided.

Into The Wind: Rhett Butler And The Law Of War At Sea, John Paul Jones

Law Faculty Publications

In this article, Prof. Jones reviews Scarlett O'Hara reported in the novel Gone with the Wind about Rhett Butler's career as a blockade runner for the Confederacy, and speculates about what the law of war at sea might have meant for Captain Butler's commercial operations. He focuses on three aspects of the law of war at sea-capture or prize, blockade, and neutrality.

Limitation Of Liability, Craig Allen

Articles

From the list of "problems" with the Limitation Act in the U.S. that are within the federal courts' power to resolve, I have elected to discuss three. Necessarily, the coverage of each problem will be brief. After a short summary of the Limitation Act's principal features, the essay examines the recurring confusion over the relevance of unseaworthiness in limitation actions. Second, it highlights the need to update the courts' choice of law doctrine for limitation issues. Finally, it turns to an issue that is only beginning to emerge, and one which the federal courts may yet save from idiosyncratic precedents …

Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part Iv), Craig H. Allen

Articles

No abstract provided.

Memorandums Of Understanding On Port State Control : The Need For A Global Mou?, Dilip Mehrotra

World Maritime University Dissertations

No abstract provided.

Liner Agency Agreements, Patricia Mwikali Mbindyo

World Maritime University Dissertations

No abstract provided.

The Legal Status And Cargo Liability Of Terminal Operators Under The Maritime Code Of The People's Republic Of China, Wang Haifeng

World Maritime University Dissertations

No abstract provided.

The Regulation Of International Shipping : Systematic Issues Facing States In The Administration Of Maritime Affairs And The Eradication Of Substandard Shipping, George S. Reynolds

World Maritime University Dissertations

No abstract provided.

Transport And Handling Of Dangerous Cargoes In Port Areas : Weaknesses Of Existing International And Estonian Regulations, Tarmo Ots

World Maritime University Dissertations

No abstract provided.

An Analysis Of The Implementation Of The Ism Code In Mauritius After 1 July 2002 And Beyond, Johnny J.M.D.C. Lam Kai Leung

World Maritime University Dissertations

No abstract provided.

The Dumping Of The New Carissa: An Analysis Of The Emergency Provisions Of The London Convention, Jill S. Murakami

Washington International Law Journal

The London Convention prohibits the dumping of hazardous materials into the ocean. This prohibition may, however, be suspended in emergencies. The bow of the M/V New Carissa ("New Carissa "), which contained approximately 135,000 gallons of oil, was dumped into the Pacific Ocean under the emergency provisions of the London Convention. An analysis of the dumping of the New Carissa illustrates the weaknesses of these provisions. As written, the provisions are ambiguous and open to varying interpretations. As a result, nations may use the emergency provisions as loopholes to dump substances that they would otherwise be prohibited from dumping, thereby …

Admiralty Law, Robert S. Glenn Jr., George M. Earle, Marc G. Marling

Mercer Law Review

The Court of Appeals for the Eleventh Circuit decided nine admiralty cases with written opinions in 1998. With one exception, these cases did not involve issues of first impression. They instead fell into the following categories: cases that were decided with reference to existing law; a case in which the court's decision put it at odds with the holding of other circuit courts; a case in which the court's holding continued an expansive trend in maritime law; and a case of first impression involving important constitutional issues.

The cases that were decided with reference to existing law were three admiralty …

Federal Maritime Commission Sanctions On Japanese Carriers: A Call For Fairer Methods Of Resolving Disputes, Randy L. Baldemor

Washington International Law Journal

On February 26, 1997, the U.S. Federal Maritime Commission imposed sanctions upon Japanese shipping carriers for allegedly restrictive port practices that existed in Japan. The Federal Maritime Commission imposed the sanctions under Section 19 of the Merchant Marine Act of 1920. Section 19 gives the Federal Maritime Commission authority to make rules and regulations where conditions unfavorable to shipping in the foreign trade exist. However, the Japanese Government does not control the port practices in Japan. The Japan Harbor Transportation Authority, a private conglomeration of labor unions, shippers, and other shipping entities in Japan, regulates port practices through collective-bargaining negotiations. …

Preemption At Sea, Ernest A. Young

Faculty Scholarship

Although Erie Railroad v. Tompkins put an end to the "general federal common law," a form of general common law lives on in admiralty. The interaction of that law with state regulatory authority in maritime cases has given rise to one of the thorniest questions in federal courts law -- the problem of maritime preemption. Because admiralty law remains largely a "brooding omnipresence over the sea," maritime preemption affords a unique opportunity to explore the implications of both pre- and post-Erie approaches to judge-made law for our modern system of federalism. In this article, Professor Young proposes that the present …

The Last Brooding Omnipresence: Erie Railroad Co. V. Tompkins And The Unconstitutionality Of Preemptive Federal Maritime Law, Ernest A. Young

Faculty Scholarship

No abstract provided.

Collision At Sea: The Irreconcilability Of The Superseding Cause And Pure Comparative Fault Doctrines In Admiralty, Kelsey L. Joyce Hooke

Washington Law Review

Courts have long sought to develop rational methods both for limiting a tortfeasor's liability and allocating damages among multiple tortfeasors. Courts developed the doctrine of proximate cause to address the first concern, employing superseding cause analysis when multiple forces produce an injury. In admiralty, the U.S. Supreme Court resolved the second concern by adopting pure comparative fault in . In Exxon Co. v. Sofec, Inc., the Court endorsed the continued use of superseding cause in admiralty cases, holding that it does not conflict with pure comparative fault. This Comment argues that the Sofec Court's method of superseding cause analysis …

Federal Common Law In Admiralty: An Introduction To The Beginning Of An Exchange, Joel K. Goldstein

All Faculty Scholarship

Most scholars and practitioners of admiralty law have long relied upon two central assumptions regarding their subject. First, they have understood that uniformity was a requisite of maritime law such that, generally speaking, national, rather than state, law governed most maritime events and transactions. Second, they have believed that in order to preserve the uniformity of maritime law, federal admiralty courts are empowered to fashion federal common law.[1] The commitment to these related propositions has been attested to or illustrated by a collection of Supreme Court decisions.[2] For instance, in Southern Pacific Co. v. Jensen,[3] the case that stands as …

Treasure Salvage And The United States Supreme Court: Issues Remaining After Brother Jonathan, John Paul Jones

Law Faculty Publications

On April 22, 1998, the United States Supreme Court announced its decision in California v. Deep Sea Research, Inc., 1 a case of shipwreck salvage begun as a maritime action in rem. Because the Court does not often accept cases of admiralty and maritime law, its decision was eagerly anticipated by American maritime lawyers and constitutionalists, both for what it might say about the Eleventh Amendment and sovereign immunity in a federal system and how it might limit Congressional power to alter the general maritime law and admiralty jurisdiction. Also anxious for the Court's decision were the few maritime lawyers …

Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part Iii), Craig H. Allen

Articles

No abstract provided.

An Introduction Of Port State Control In Vietnam, Minh Duc Tran

World Maritime University Dissertations

No abstract provided.

The Position Of The Republic Of Senegal In The Proposed West And Central African Memorandum Of Understanding On Port State Control, Papa Mor Thiam

World Maritime University Dissertations

No abstract provided.