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Articles 61 - 65 of 65
Full-Text Articles in Law of the Sea
Maritime Jurisdiction Over Fishery Resources, Gilbert T. Davis
Maritime Jurisdiction Over Fishery Resources, Gilbert T. Davis
Vanderbilt Journal of Transnational Law
Economic necessity and recent developments in marine technology have caused man to begin his move into the sea on a grand scale, occupying and exploiting it for recreation, minerals, food, waste disposal, and possible living space. These new technological advances and the increased need for the traditional fishery resources have precipitated the interests of nations in expanding their exclusive jurisdictions further into an ocean space where it had been traditionally free for all to use. Though this move for exclusive jurisdiction is motivated by the uniform desire of all nations to more efficiently utilize and conserve the resources and to …
The Case For A Seagoing Workmen's Compensation Act, Parker B. Smith
The Case For A Seagoing Workmen's Compensation Act, Parker B. Smith
Vanderbilt Journal of Transnational Law
At the present time no comprehensive workmen's compensation statute exists to provide coverage for seamen injured in the course of their employment. The seaman's only existing remedies consist of an action for maintenance and cure, an action for breach of the shipowner's warranty of seaworthiness, and an action for negligence under the Jones Act. These remedies offer unsatisfactory protection to the seaman for several reasons. Under the existing remedies the seaman may be unable to obtain any recovery because the shipowner has the traditional right to "limit liability" to the seaman at the outset of the seaman's action for recovery. …
The Outer Space, Antarctic And Pell Treaties--Similar Solutions To A Common Problem, Allen W. Rigsby
The Outer Space, Antarctic And Pell Treaties--Similar Solutions To A Common Problem, Allen W. Rigsby
Vanderbilt Journal of Transnational Law
During the past two decades, there has been an increasing interest in those rules of international law governing the exploration and exploitation of ocean space. This is due primarily to the recent upsurge of technological developments among the highly industrialized nations. Rivalry between the U.S.S.R. and the United States has spurred these two countries, in particular, to a high level of competition in the field of ocean mining technology. The less highly developed countries are also interested in exploiting the ocean space in order to bolster their own economies. The traditional principle governing the law of the oceans has been …
Shipowners' Limitation Of Liability In International Seafaring Disasters, Joseph N. Barker
Shipowners' Limitation Of Liability In International Seafaring Disasters, Joseph N. Barker
Vanderbilt Journal of Transnational Law
Adherence to the principle of strict limitation of liability in any area of the law has been out of vogue since the time of Winterbottom v. Wright. This is true whether it be in the area of products liability, master-servant relations, or international air travel. The trend is to remove all limitation on recoveries available under our law for death or injury. An exception is the limitation of liability in maritime disasters. Here, in this watery domain, the narrowness that formerly dominated the field of products liability continues to exist. Some critics condemn such strict limitation as an anachronism in …
Artificial Islands Constructed On United States Continental Shelf Denied Status Of Independent Sovereignty, Journal Staff
Artificial Islands Constructed On United States Continental Shelf Denied Status Of Independent Sovereignty, Journal Staff
Vanderbilt Journal of Transnational Law
The United States brought injunction and trespass claims in the federal district court against three private persons to prevent the unauthorized construction of artificial islands atop several submerged coral reefs located about four and one-half miles off the southeast coast of Florida. These reefs were composed of the skeletal remains of coral organisms and lay at a depth of 600 feet. The reefs continued to grow laterally, but had reached their maximum height and were completely submerged at all times except at low tide when their highest projections were momentarily visible. The reef area, which harbored countless varieties of marine …