Law of the Sea Commons^™

The Better Part Of Valour--Applicability Of The Jones Act To The Flags Of Convenience Fleet, Michael D. Wellington

San Diego Law Review

The problem facing the courts as to the "flags of convenience" fleet is this: to what extent can the fleet be held subject to United States law? the answer has never been clear. The purpose of this comment will be to examine the extent to which American courts have, may, and should apply the Jones Act to these ships.

Recommendations For A United States Position Regarding Delimitation Of The Outer Boundary Of The "Legal" Continental Shelves, Brian K. Hannula

Marine Affairs Theses and Major Papers

The Convention on the Continental Shelf has come under attack because it does not establish a precise outer boundary for the "legal" continental shelf. It is the author's opinion that the United States should propose or support a revision of the Convention which would rectify this situation. A suitable delimitation proposal must have considerable domestic support and should represent the best compromise between opposing domestic views. A proposed revision of the Convention must, also, have strong international support if it is to be adopted. Each nation will determine a preferred delimitation which depends on the configuration of its own continental …

Setting Sail With Wrongful Death: An Action Does Lie Under General Maritime Law For Death Caused By Violation Of Maritime Duties -- Moragne V. States Marine Lines, Inc., 90 S. Ct. 1772 (1970), Robert P. Irwin

California Western International Law Journal

No abstract provided.

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 United Nations And The Bed Of The Sea, Clark M. Eichelberger

San Diego Law Review

Worldwide sentiment is growing that the bed of the sea, which occupies seventy percent of the Earth's surface, as yet unclaimed, should be reserved from national claims of sovereignty and regarded as a common heritage of mankind. It should be reserved for peaceful purposes only. All nations, maritime, landlocked and developing, have an equity in this heritage. An authority of the United Nations should so administer it. For common ownership of this vast area to be recognized, and for it to be internationally administered, would be one of the greatest advances in the history of world organization. Instead of national …

Consideration Of Anticipatory Uses In Decisions On Coastal Development, Daniel Wilkes

San Diego Law Review

Between 1849 and 1965, San Francisco Bay shrank from 700 square miles to its present 400 square miles before a halt to piecemeal filling stopped its irreversible destruction. This loss should have been foreseeable. When decision makers work on an ad hoc basis, it is logical that they would look no further than the proposal at hand. Any objections considered were solely from those parties already using the Bay. In Florida, a series of decisions taking fresh waters away from the Everglades National Park now threatens to destroy entirely the ecology of the Everglades. The existence of this threat illustrates …

Apropos The 1968 Soviet Maritime Code, William E. Butler, John B. Quigley Jr.

San Diego Law Review

This introduction provides essential background information about the Code and the reasons for its adoption, in addition to salient features of the Code of special interest to foreigners. The Code consists of 309 articles classified into nineteen chapters. This discussion follows the ordering of the code itself.

Fluctuating Shorelines And Tidal Boundaries: An Unresolved Problem, Peter K. Nunez

San Diego Law Review

Problems arising from disputed boundaries between adjacent land owners are of real importance to the practicing attorney. These problems are no less significant, and a good deal more complicated, when they involve tidal boundaries between upland and tideland ownership. To the layman who owns or purchases beachfront property, one of the main concerns is that his land extends to the water's edge, and he probably expects that such is the case. But when the description in the deed describes the boundary as the ordinary high-water mark, does he really know how much he owns or where his boundary line actually …

Jurisdictional Problems Of Maritime Tort Actions: Application Of State And Federal Remedies, Judith N. Keep

San Diego Law Review

At common law, death terminated all causes of action for personal injuries, and gave rise to no causes of action for compensation of the decedent's estate or family. Admiralty, which adopted the common law, therefore provided neither a remedy for wrongful death nor for survival of causes of action. To correct this, there have been a number of Congressional enactments and judicially created remedies which, however, are complicated by inconsistencies and vagaries. If death results from an injury occurring on navigable waters, recovery may be sought under the Death on the High Seas Act, the Jones Act, the Longshoremen's and …

International Law - Continental Shelf - Proprietary Interest Of United States In Continental Shelf Precludes Claims Of Acquisition By Private Entrepreneurs. United States V. Ray (S.D. Fla. 1969), Sherry Eckhardt

San Diego Law Review

This recent case discusses United States v. Ray (S.D. Fla. 1969)

Procedure - Admiralty Jurisdiction - Strict Locality Rule Rejected; Maritime Connection Necessary To Establish Admiralty Jurisdiction. Smith V. Guerrant (S.D. Tex. 1968), Phillip A. Demassa

San Diego Law Review

This recent case discusses Smith v. Guerrant (S.D. Tex. 1968)

V.6-3, 1969 Masthead

San Diego Law Review

No abstract provided.

Seizures Of United States Fishing Vessels - The Status Of The Wet War, Jane Shuttleworth Wiegand

San Diego Law Review

The crux of the fishing vessel dispute is the disparity in the size of the territorial sea claimed by the three Latin American nations and that claimed by the United States. Chile, Ecuador, and Peru claim a territorial sea of 200 miles breadth, while the United States claims a three mile territorial sea, and an exclusive fishing zone which extends from shore a distance of twelve miles. The dispute is 17 years old. More than 140 United States tuna ships have been seized, primarily by Ecuador and Peru, and innumerable others harassed in waters which the United States considers res …

Admiralty Jurisdiction, Unification, And The American Law Institute, Hiller B. Zobel

San Diego Law Review

In light of the rationale behind the establishment of the admiralty jurisdiction, it seems to me constitutionally and statutorily illogical to say that a case is within the admiralty jurisdiction, concurrent though it may be, and yet subject to the substantive whims of fifty jurisdictions. Further, the inquiry which the existence of these exceptions requires sometimes leads the courts to the kind of unhappy convolutions typified by Fireman's Fund American Insurance Company v. Boston Harbor Marina, Inc., which held that an exculpatory contract for winter storage and repair - in a terrene hangar - was within the admiralty jurisdiction and …

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.

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

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

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 …

Dockside Injuries Under The Longshoremen's And Harbor Worker's Compensation Act, E. D. R., Jr.

Georgia Law Review

Since its enactment in 1927, the Longshoremen's and Harbor Worker's Compensation Act has been the source of much confusion in admiralty law, particularly with respect to admiralty-state jurisdictional conflicts. The Act provides compensation:

"in respect of disability or death of an employee, but only if the dis- ability or death results from an injury occurring upon the navigable waters of the United States (including any dry dock) and if recovery for the disability or death through workman's compensation proceedings may not validly be provided by State law."

Since the purpose of the Act was to cover injuries not compensable under …

Appendix C: Geneva Convention For The Amelioration Of The Condition Of Wounded, Sick And Ship-Wrecked Members Of Armed Forces At Sea Of August 12, 1949

International Law Studies

No abstract provided.

Appendix A: The London Naval Treaty Of 1930

International Law Studies

No abstract provided.

Chapter Ii: Claims Concerning Lawful Combatants, W. T. Mallison Jr

International Law Studies

No abstract provided.

Chapter I: Submarine Warfare And International Law, W. T. Mallison Jr

International Law Studies

No abstract provided.

Appendix B: Document Donitz-100

International Law Studies

No abstract provided.

Chapter V: Claims Concerning Lawful Weapons Of Belligerent Attack, W. T. Mallison Jr

International Law Studies

No abstract provided.

Introduction (Volume 58), W. T. Mallison Jr

International Law Studies

No abstract provided.

Table Of Contents (Volume 58)

International Law Studies

No abstract provided.

Chapter Iii: Claims Concerning Lawful Areas Of Operation: Submarine Operational Areas, W. T. Mallison Jr

International Law Studies

No abstract provided.

Chapter Iv: Claims Concerning Lawful Objects And Methods Of Belligerent Attack, W. T. Mallison Jr

International Law Studies

No abstract provided.