Law of the Sea Commons^™

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.

The Juridical Status Of The Gulf Of Taranto: A Brief Reply, Gayl S. Westerman

Elisabeth Haub School of Law Faculty Publications

The special problem of identifying the juridical nature of coastal indentations is but one aspect of a more fundamental problem: the need to accommodate the legitimate exclusive interests of coastal states in maximizing wealth, power, and national security with the inclusive interests of the community of states in maximizing freedom of the seas. Throughout historical cycles of mares liberum and clausum, this fundamental accommodation has remained the central focus of the international law of the sea. Even today, after thoroughgoing codification efforts in 1958 and 1982: the legal regime of the oceans remains in transition.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

EMPLOYEE WHO SPENDS "SOME PORTION OF WORK TIME IN MARITIME ACTIVITIES" IS AN "EMPLOYEE" COVERED BY THE LONGSHOREMEN'S AND WORKERS' COMPENSATION ACT-Schwabenland v.Sanger Boats, 683 F.2d 309 (9th Cir. 1982)

UNITED STATES CARRIAGE OF GOODS BY SEA ACT EXEMPTS DEFENDANT FROM LIABILITY FOR SHIP DAMAGE INCURRED WHILE DISCHARGING CARGO--Seven Seas Transportation Ltd. v. Pacifico Union Marina Corp. [1982] 2 Lloyd's L.R. 465

IMMIGRATION AND NATURALIZATION SERVICE DISTRICT DIRECTOR IS ENTITLED TO BROAD DISCRETION IN WEIGHING CRITERIA FOR PAROLE DETERMINATION OF UNADMITTED ALIENS--Bertrand v. Sava,684 F.2d 204 (2d Cir. 1982)

THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT DOES NOT APPLY TO …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

APPLICATION OF UNITED STATES LAW TO A FOREIGN SEAMAN'S SUIT DEPENDS UPON THE SUBSTANTIALITY OF THE FOREIGN DEFENDANT'S CONTACTS WITH THE UNITED STATES--Szumlicz v. Norwegian America Line, Inc., 698 F.2d 1192 (11th Cir. 1983).

RECOVERY PURSUANT TO THE FISHERMEN'S PROTECTIVE ACT FOR LOSSES RESULTING FROM SEIZURE OF VESSLS FISHING IN DISPUTED WATERS Is NOT LIMITED TO CITIZENS AND RESIDENT ALIENS OF THE UNITED STATES-CrUZ V. Zapata Ocean Resources, Inc., 695 F.2d 428 (9th Cir. 1982).

UNITED STATES SUPPORT OF CANADIAN SEARCH OF UNITED STATES VESSEL ON THE HIGH SEAS DID NOT VIOLATE DEFENDANT'S FOURTH AMENDMENT RIGHTS--United States v. Hensel, 699 …

Interest Analysis And Maritime Choice Of Law: Phillips V. Amoco Trinidad Oil Co., Douglas H. Stein

University of Miami Inter-American Law Review

No abstract provided.

Safe Port And Berth Provisions In Time Charter Agreements: Apportioning Liability To Deter Accidents And Minimize Costs, Steven M. Rubin

University of Miami Law Review

This article surveys the safe port and berth provisions that typically are found in charter party agreements. The author argues that courts and arbitrators often interpret these provisions unpredictably and inconsistently, creating uncertainty in maritime transactions. The author concludes by proposing a solution to this problem and offers a model safe berth provision that the parties to a charter should incorporate into their agreement.

China And The Law Of The Sea Conference, Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.

Compensation And Reward For Saving Life At Sea, Steven F. Friedell

Michigan Law Review

This Article explores the life salvage rules under the general maritime law and under the 1912 life salvage statute. Surprisingly, some life salvors had greater rights under the general maritime law than they have under cases construing the statute. This Article suggests that courts have given insufficient attention to the purposes of the Brussels Salvage Convention of 1910, which inspired the 1912 statute, and that American courts should .remain free to recognize all rights that life salvors possessed before the Brussels Convention.

This Article then considers whether American courts should further expand the rights of life salvors by awarding life …

Marine Policy, Baz Edmeades

Dalhousie Law Journal

For a good many years, the major law reviews in Canada, the United States, United Kingdom and France have devoted a considerable number of their pages to problems of the law of the sea, as this topic has increased in importance and consequent concern among international lawyers. With this development came the appearance of a number of new law journals dealing with the law of the sea such as the Journal of Maritime Law and Commerce in 1969, Ocean Development and International Law in 1973, the Journal of Coastal Zone Management in 1973 to name but three. These and other …

Limitation Of Liability Versus Direct Action Statutes, H. Barton Williams

Vanderbilt Journal of Transnational Law

The legislative history of the maritime limitation of liability statutes, both in the United States and in England, is uncomplicated. The original sources are available, and in several important opinions, the Supreme Court of the United States has set forth the history of the limitation statutes. Limitation of liability to the value of the owner's interest in the vessel and freight is a principle that springs solely from the general maritime law, and was not recognized either at common law or by the civil law.

It is difficult, if not impossible, to say when and where the idea of limitation …

The Three Faces Of Zapata: Maritime Law, Federal Common Law, Federal Courts Law, Harold G. Maier

Vanderbilt Journal of Transnational Law

In The Bremen v. Zapata Off-Shore Co., the Supreme Court upheld the selection of a London forum in a towage contract between a German firm and an American firm and dismissed a suit brought in a Florida federal district court whose jurisdiction was otherwise valid. In doing so, the Court stated the rule: "[Forum-selection clauses] are prima facie valid and should be enforced unless enforcement is shown by the resisting party to be 'unreasonable' under the circumstances." The Court qualified the rule by indicating that to be enforceable such clauses must be actually bargained for and agreed to by the …

Workmen's Compensation At Sea, Charles D. Evens

Vanderbilt Journal of Transnational Law

At the present time there are three possible remedies available to seamen who are injured in the course of their employment. In order to maintain any of these actions, the injured party must of course qualify as a seaman. The traditional tests used to determine whether a maritime worker is a seaman are as follows: 1) the vessel must be in navigation, 2) the worker must have a more or less permanent connection with the vessel, and 3) the worker must be aboard the vessel primarily to aid in navigation. These standards have been somewhat modified by Offshore Company v. …

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

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. …

Federal Maritime Jurisdiction Over Inland Intrastate Lakes, Ralph Mccaughan

Washington and Lee Law Review

No abstract provided.

Tugs, Stevedores, And The Warranty Of Workmanlike Performance, David G. Davies

Indiana Law Journal

No abstract provided.

Case Comments Admiralty Jurisdiction In Tort Actions

Washington and Lee Law Review

No abstract provided.

The Boating Boom: Admiralty Jurisdiction Inland

Washington and Lee Law Review

No abstract provided.

Cargo Preference And Flag Discrimination In International Shipping -- Actions And Reactions, F. Thomas Schornhorst, James R. Patton Jr.

Articles by Maurer Faculty

No abstract provided.

Maritime Contiguous Zones, Lloyd C. Fell

Michigan Law Review

During the past two centuries, various states which had previously limited their claims of full sovereignty to narrow marginal seas have also asserted special types of jurisdiction over high seas zones outside what they claimed (or what others accepted) as territorial waters. This comment deals with such claims to contiguous zones of the high seas over which the littoral state asserts authority: which may affect the interests of other states.

Longshoreman-Shipowner-Stevedore: The Circle Of Liability, Harney B. Stover, Jr.

Michigan Law Review

It is universally recognized that in the past two decades the United States Supreme Court has substantially revised the law under which seamen, longshoremen and harbor workers (or their survivors) may recover damages for personal injury and death. One of the more recent and most authoritative texts in the field of admiralty and maritime law devotes an entire chapter, 147 pages in length, to the subject of the rights of seamen and maritime workers (or their survivors) of recovery for injury and death. The introduction to that chapter likens the Court's rewriting of the law in this field to a …

A Selection Of Cases And Other Authorities On The Law Of Admiralty, Pt.1: The Jurisdiction Of Admiralty Courts, Edwin D. Dickinson

Books

“The following collection of cases and other authorities on the Law of Admiralty requires prefatory comment in at least two particulars.

In the first place, the collection is incomplete. It has been necessary to keep within rather definite limits of space. Within those limits it has seemed better to develop selected topics somewhat fully, leaving out others altogether, rather than to spread the collection out over as much of the field as one would like to include….

In the second place, the collection is tentative. There are no footnotes and such materials as are usually thus included must be supplied …

A Selection Of Cases And Other Authorities On The Law Of Admiralty, Pt.2: The Maritime Law, Edwin D. Dickinson

Books

“The following collection of cases and other authorities on the Law of Admiralty requires prefatory comment in at least two particulars.

In the first place, the collection is incomplete. It has been necessary to keep within rather definite limits of space. Within those limits it has seemed better to develop selected topics somewhat fully, leaving out others altogether, rather than to spread the collection out over as much of the field as one would like to include….

In the second place, the collection is tentative. There are no footnotes and such materials as are usually thus included must be supplied …

A Selection Of Cases And Other Authorities On The Law Of Admiralty, Pt.3: The Reception And Modification Of Maritime Law, Edwin D. Dickinson

Books

“The following collection of cases and other authorities on the Law of Admiralty requires prefatory comment in at least two particulars.

In the first place, the collection is incomplete. It has been necessary to keep within rather definite limits of space. Within those limits it has seemed better to develop selected topics somewhat fully, leaving out others altogether, rather than to spread the collection out over as much of the field as one would like to include….

In the second place, the collection is tentative. There are no footnotes and such materials as are usually thus included must be supplied …

Note And Comment, George E. Longstaff, George L. Clark, Edwin D. Dickinson

Michigan Law Review

Constitutionality of the LA Follette Amendment to the Internal Revenue Law of 1921 - The United States Senate on November 5, 1921, inserted in the Revenue Act, then before the Senate, a provision that taxpayers in their income tax returns must specify what state and municipal bonds they hold, or else be subject to a penalty of five per cent. That provision was dropped out in conference, but it will come up again, and it is well to look at its constitutionality under the Fourth Amendment to the Constitution prohibiting unreasonable searches.