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Articles 1 - 10 of 10
Full-Text Articles in Law of the Sea
Maritime Personal Injury In The New England Fishery, Ralph J. Gillis
Maritime Personal Injury In The New England Fishery, Ralph J. Gillis
Maine Law Review
Commercial fishing, as carried on by the "down east" fisherman, is an industry fast succumbing to the economic inequities of vessel operation. Over the past two decades, the prices for fish boats have not increased as rapidly as the operating costs involved in fitting and maintaining the fishing vessel. Today, this situation has been compounded by the economic inability of the individual trawler owner to obtain protection and indemnity insurance to compensate crew members for injuries received during the course of maritime employment. The present consequence of these developments is that, although judicial and legislative regulatory guidelines have been set …
The Admiralty Clause And State Workmen's Compensation For Fishermen, Maine Law Review
The Admiralty Clause And State Workmen's Compensation For Fishermen, Maine Law Review
Maine Law Review
The current methods of compensating fishermen injured or killed at sea are products of federal law. Without exception, a fisherman or his representative must turn to federal law for compensation. Unlike certain maritime workers covered by a federal workmen's compensation scheme, the fisherman's remedies are exclusively judicial, burdened by the expenses and delays inherent in litigation. Although this method of determining rights and liabilities may be a satisfactory means of obtaining compensation for other types of seamen, it has come under increasing attack within the fishing industry. This Comment evaluates both the constitutionality and the practicability of state coverage of …
Boundary Delimitation In The Economic Zone: The Gulf Of Maine Dispute, Maine Law Review
Boundary Delimitation In The Economic Zone: The Gulf Of Maine Dispute, Maine Law Review
Maine Law Review
In an ideal world of abundant natural resources, homogeneously distributed among nations, the issue of marine boundary delimitation would have little significance within the international community. However, the realities of randomly concentrated and limited resources, complicated by the political geography of the oceans, have made maritime boundary delimitation a crucial international issue. In a world of more than 130 coastal nations, the determination of standards for allocation of living and non-living ocean resources within the fertile offshore areas has become an issue of widespread economic importance. Nonetheless, the international community has developed few concrete and specific rules for marine boundary …
The Fishery Conservation And Management Act Of 1976: State Regulation Of Fishing Beyond The Territorial Sea, Maine Law Review
The Fishery Conservation And Management Act Of 1976: State Regulation Of Fishing Beyond The Territorial Sea, Maine Law Review
Maine Law Review
Historically, international law has recognized the sovereignty of coastal nations within the three-mile contiguous territorial sea. Although modem international practice has expanded the breadth of the territorial sea to twelve miles or more, the traditional three-mile zone retains a special significance within the scheme of domestic United States marine law. Under the federal scheme of marine resource jurisdiction, authority within the three-mile zone has been allocated to the coastal states while the federal government has exercised near-exclusive jurisdiction over marine zones seaward of the territorial sea boundary. However, this bifurcated jurisdiction scheme has failed to provide effective conservation and management …
The International Law Of Maritime Boundary Delimitation, Edward Collins Jr., Martin A. Rogoff
The International Law Of Maritime Boundary Delimitation, Edward Collins Jr., Martin A. Rogoff
Maine Law Review
The law of the sea, in its essence, divides the seas into zones and specifies the rights and duties of states and ships flying their flags in those zones. Now that states are claiming extensive seaward jurisdiction both on the continental shelf and in the water column, attention has begun to shift from delimiting continental shelf boundaries or economic zone boundaries to the delimitation of a single maritime boundary which would serve both purposes. There are significant legal differences between the delimitation of a single maritime boundary and the delimitation of either a continental shelf boundary or an exclusive economic …
The Constitution At Sea, Louis Henkin
The Constitution At Sea, Louis Henkin
Maine Law Review
Time was when it was assumed that the United States Constitution, like a deity of old, ruled only in its territory and did not apply outside the United States. Since 1957 we know that the Constitution applies wherever the United States exercises authority. If, as the Supreme Court then held, the Constitution governs the acts of the United States in the territory of a foreign state, where the Constitution might be deemed a foreign "intruder" on local sovereignty, it would seem to apply also — indeed a fortiori — to acts of the United States on the high seas, where …
The Gulf Of Maine Case And The Future Of Ocean Boundary Delimitation, Edward Collins Jr., Martin R. Rogoff
The Gulf Of Maine Case And The Future Of Ocean Boundary Delimitation, Edward Collins Jr., Martin R. Rogoff
Maine Law Review
On October 12, 1984, a Chamber of the International Court of Justice handed down its decision in the Case Concerning the Delimitation of the Maritime Boundary in the Gulf of Maine Area (Can. v. U.S.). By a vote of four to one, the Chamber described in geodetic lines the course of the single maritime boundary that divides the continental shelf and exclusive fishery zones of Canada and the United States in that area. The Chamber's decision ended more than a decade of conflict between the two countries concerning jurisdiction over continental shelf and fishery resources in the Georges Bank area. …
Implied Warranties Of Seaworthiness: Applying The Knowing Neglect Standard In Time Hull Insurance Policies, Derek P. Langhauser
Implied Warranties Of Seaworthiness: Applying The Knowing Neglect Standard In Time Hull Insurance Policies, Derek P. Langhauser
Maine Law Review
Time hull marine insurance policies provide insurance for a definite period against damage to or loss of a vessel. Even in cases in which a ship owner expressly warrants to an insurer that a vessel will be seaworthy when the policy takes effect, and unless the insurer waives all warranties, American admiralty law implies a warranty of seaworthiness as a condition of the contract. This implied warranty increases the insurer's chance of recovering his premium by mitigating his risk that the vessel will be damaged or lost. Although American admiralty law strives to remain harmonious with English admiralty law, American …
Governance Of Ocean-Based Carbon Dioxide Removal Research Under The United Nations Conventions On The Law Of The Sea, Wil Burns
Maine Law Review
There has been a spate of research in recent years indicating that achievement of the temperature objectives of the Paris Agreement can only be effectuated through both aggressive decarbonization of the global economy and large-scale deployment of so-called carbon dioxide removal (CDR) approaches. While much of the early focus of CDR research was on terrestrial options, such as afforestation, direct air capture, and bioenergy with carbon capture and storage, more recently, many in the scientific and policy community have increasingly focused on potential ocean-based approaches, including ocean fertilization, ocean alkalinity enhancement, macroalgae harvesting, and ocean upwelling and downwelling. However, while …
Enforcement Dissonance: Lobsters, The Legislature, And Federal Waters In State V. Thomas, Christopher J. Rauscher
Enforcement Dissonance: Lobsters, The Legislature, And Federal Waters In State V. Thomas, Christopher J. Rauscher
Maine Law Review
Consider the following: You, a Maine resident, and your friend, a Massachusetts resident, have gone for a weekend trout fishing trip to Acadia National Park in Downeast Maine. The two of you are happily catching trout, and then each of you hook a bass and reel it in. Keeping the bass is illegal under Maine law but not banned by the National Park. Along comes a Maine game warden, who spies the two of you and cites only you with a fine for catching and keeping the bass. The warden says nothing to the Massachusetts resident who continues to fish, …