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Articles 871 - 900 of 1191

Full-Text Articles in Admiralty

Shipping Documentation In Somalia - Associated Problems, The Need To Amend Legislation, A. O. Hussein Dec 1990

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

World Maritime University Dissertations

No abstract provided.


The Interpretation Of International Maritime Conventions In United States Law, Mark Weston Janis Jan 1990

The Interpretation Of International Maritime Conventions In United States Law, Mark Weston Janis

Faculty Articles and Papers

In the United States, the interpretation of international maritime conventions is carried out within the general context of U.S. constitutional law. The Constitution's Article 11(2) provides that the President of the United States is granted the Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur. Article 111(2) extends the judicial power of the United States to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority. Article VI(2) instructs that the …


Fisheries Legislation Applying In Somalia, Qaarey Dec 1989

Fisheries Legislation Applying In Somalia, Qaarey

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 Jan 1989

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 Jan 1989

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.


From Cutlass To Cat-O’-Nine Tails: The Case For International Jurisdiction Of Mutiny On The High Seas, George P. Smith Ii Jan 1989

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

Scholarly Articles

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 …


Enforcement Of Maritime Claims In Jamaica, Hugh Clifton Hyman Dec 1988

Enforcement Of Maritime Claims In Jamaica, Hugh Clifton Hyman

World Maritime University Dissertations

No abstract provided.


Preventing Merchant Vessel Groundings By Enforcing A Professional Mariner Standard Of Care, Craig Howard Allen Apr 1988

Preventing Merchant Vessel Groundings By Enforcing A Professional Mariner Standard Of Care, Craig Howard Allen

Washington Law Review

Admiralty courts adjudicating claims arising from merchant vessel groundings or allisions are often required to allocate fault for the casualty among three possible parties: The officers and owner of the vessel, the vessel's embarked pilot, and the Coast Guard or any other governmental agency providing navigation services upon which the vessel operators relied. To determine fault, the court must evaluate each party's conduct under the appropriate standard of care. This Comment examines the standard of care applicable to merchant vessel officers and pilots. It concludes that some courts apply a standard to these mariners in determining liability that is less …


Preventing Merchant Vessel Groundings By Enforcing A Professional Mariner Standard Of Care, Craig Howard Allen Apr 1988

Preventing Merchant Vessel Groundings By Enforcing A Professional Mariner Standard Of Care, Craig Howard Allen

Washington Law Review

Admiralty courts adjudicating claims arising from merchant vessel groundings or allisions are often required to allocate fault for the casualty among three possible parties: The officers and owner of the vessel, the vessel's embarked pilot, and the Coast Guard or any other governmental agency providing navigation services upon which the vessel operators relied. To determine fault, the court must evaluate each party's conduct under the appropriate standard of care. This Comment examines the standard of care applicable to merchant vessel officers and pilots. It concludes that some courts apply a standard to these mariners in determining liability that is less …


Finding Federalism In The Admiralty: "The Devil's Own Mess" Revisited, J.B. Ruhl Apr 1988

Finding Federalism In The Admiralty: "The Devil's Own Mess" Revisited, J.B. Ruhl

Vanderbilt Law School Faculty Publications

The federalism aspect of the United States Supreme Court's admiralty jurisprudence has long been adrift.' No feature of admiralty law illustrates the Court's difficulties in this regard better than maritime wrongful death remedies. From the beginning of the Court's involvement with maritime wrongful death remedies in The Harrisburg to its most recent decision on the subject in Offshore Logistics v. Tallentire, the Court's jurisprudence in this area has been characterized by inconsistency.


I. Admiralty & Maritime Law Mar 1988

I. Admiralty & Maritime Law

Washington and Lee Law Review

No abstract provided.


The Continuing Problem Of Statutes Of Limitations In Section 1983 Cases: Is The Answer Out At Sea, 22 J. Marshall L. Rev. 285 (1988), Robert M. Jarvis, Judith Anne Jarvis Jan 1988

The Continuing Problem Of Statutes Of Limitations In Section 1983 Cases: Is The Answer Out At Sea, 22 J. Marshall L. Rev. 285 (1988), Robert M. Jarvis, Judith Anne Jarvis

UIC Law Review

No abstract provided.


The Law Of Piracy: Table Of Contents, Alfred P. Rubin Jan 1988

The Law Of Piracy: Table Of Contents, Alfred P. Rubin

International Law Studies

No abstract provided.


The Law Of Piracy: British Practice In The Nineteenth Century, Alfred P. Rubin Jan 1988

The Law Of Piracy: British Practice In The Nineteenth Century, Alfred P. Rubin

International Law Studies

No abstract provided.


The Law Of Piracy: Appendices, Alfred P. Rubin Jan 1988

The Law Of Piracy: Appendices, Alfred P. Rubin

International Law Studies

No abstract provided.


The Law Of Piracy: Bibliography, Alfred P. Rubin Jan 1988

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 Jan 1988

The Law Of Piracy: The Evolution Of The Concept Of Piracy In England, Alfred P. Rubin

International Law Studies

No abstract provided.


The Law Of Piracy: The United States Of America And The Law Of Piracy, Alfred P. Rubin Jan 1988

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: "Piracy" In The Twentieth Century, Alfred P. Rubin Jan 1988

The Law Of Piracy: "Piracy" In The Twentieth Century, Alfred P. Rubin

International Law Studies

No abstract provided.


The Law Of Piracy: Abbreviations, Alfred P. Rubin Jan 1988

The Law Of Piracy: Abbreviations, Alfred P. Rubin

International Law Studies

No abstract provided.


The Law Of Piracy: Index, Alfred P. Rubin Jan 1988

The Law Of Piracy: Index, Alfred P. Rubin

International Law Studies

No abstract provided.


Protection Of Shipowners’ Liability Under United States Law And Marine Insurance Practice, Izak Stephanus Fourie Jan 1987

Protection Of Shipowners’ Liability Under United States Law And Marine Insurance Practice, Izak Stephanus Fourie

LLM Theses and Essays

Shipowners are exposed to a variety of risks that are, to a large extent, unique to maritime business. Because of factors like the recent increase in the size and value of ships, increase in marine traffic, enactment of legislation imposing new liabilities, and the tendency of courts to make huge awards to personal injury and death claims, shipowners are exposed to potential losses or claims worth millions of dollars in the event of disaster. These heavy risks led to the establishment of the marine insurance industry, as well as the enactment of legislation that limits shipowners’ liability. This legislation was …


The Recovery Of Shipwrecks In International Waters: A Multilateral Solution, Elizabeth Barrowman Jan 1987

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.


Schiffahartsgesellschaft Leonhardt: A Dangerous Precedent For The Effectiveness Of The Supplemental Rules For Certain Admiralty And Maritime Claims, James D. Garbus Mar 1986

Schiffahartsgesellschaft Leonhardt: A Dangerous Precedent For The Effectiveness Of The Supplemental Rules For Certain Admiralty And Maritime Claims, James D. Garbus

University of Miami Law Review

No abstract provided.


Ii. Admiralty Mar 1986

Ii. Admiralty

Washington and Lee Law Review

No abstract provided.


Maritime Law - Custom - Carriage Of Goods By Sea Act Precludes Enforcement Of Oil Shipping Industry's 0.5% Customary Trade Allowance, Kenton Deem Longaker Jan 1986

Maritime Law - Custom - Carriage Of Goods By Sea Act Precludes Enforcement Of Oil Shipping Industry's 0.5% Customary Trade Allowance, Kenton Deem Longaker

Villanova Law Review (1956 - )

No abstract provided.


Ancillary Jurisdiction In Admiralty: Smooth Sailing For Impleading Of Non-Maritime Causes Of Action, Ernesto J. De La Fé Jan 1986

Ancillary Jurisdiction In Admiralty: Smooth Sailing For Impleading Of Non-Maritime Causes Of Action, Ernesto J. De La Fé

University of Miami Inter-American Law Review

No abstract provided.


Maritime Law - Common Sense And Nonsense Stand Face To Face In The Fourth Circuit - Hassinger V. Tideland Electric Membership Corp., Paul A. Newton Jan 1986

Maritime Law - Common Sense And Nonsense Stand Face To Face In The Fourth Circuit - Hassinger V. Tideland Electric Membership Corp., Paul A. Newton

Campbell Law Review

This Note analyzes the Hassinger opinion in two sections. After a discussion of the case and the background of maritime jurisdiction, the first section considers the inappropriate use of a district court case cited for support in Hassinger. The second section considers the anomalous jurisdictional results created for pleasure vessel owners who use boat launching ramps when the Hassinger holding is combined with the holding of Hastings v. Mann, another Fourth Circuit opinion written twenty-two years ago.


Maritime Administration And Maritime Law In Somalia, Sheik-Hussein Dec 1985

Maritime Administration And Maritime Law In Somalia, Sheik-Hussein

World Maritime University Dissertations

No abstract provided.


United States V. Maine, Lewis F. Powell Jr. Oct 1985

United States V. Maine, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.