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Lessons From Renewable Energy Diffusion For Carbon Dioxide Removal Development, Anthony E. Chavez 2020 Fordham Law School

Lessons From Renewable Energy Diffusion For Carbon Dioxide Removal Development, Anthony E. Chavez

Fordham Environmental Law Review

No abstract provided.


When Less Is More: Minimalism And The Environment, Crisol Lopez Palafox 2020 Barry University School of Law

When Less Is More: Minimalism And The Environment, Crisol Lopez Palafox

Environmental and Earth Law Journal (EELJ)

No abstract provided.


The Abandoned Wards Of Admiralty: The Supreme Court’S Course Change On The Availability Of Punitive Damages To Seamen In Unseaworthiness Claims, Hillary Smith Weise 2020 University of Washington School of Law

The Abandoned Wards Of Admiralty: The Supreme Court’S Course Change On The Availability Of Punitive Damages To Seamen In Unseaworthiness Claims, Hillary Smith Weise

Washington Law Review

This Comment compares Dutra Group v. Batterton and Tabingo v. American Triumph LLC, two significant but contradictory admiralty decisions on the availability of punitive damages in unseaworthiness claims. It argues that the Washington State Supreme Court’s decision in Tabingo—that punitive damages should be permissible in unseaworthiness claims—is far better from both policy and doctrinal standpoints. From a doctrinal perspective, maritime law has traditionally permitted punitive damages in admiralty cases. Therefore, it would have been more appropriate for the Court to adhere to the principle that it is better to allow a remedy in admiralty proceedings so long as …


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Admiralty, John P. Kavanagh Jr. 2020 Mercer University School of Law

Admiralty, John P. Kavanagh Jr.

Mercer Law Review

The cases discussed herein represent decisions the United States Court of Appeals for the Eleventh Circuit issued in 2018 and 2019. While not an all-inclusive list of maritime decisions from the court during that timeframe, the Author identified and provided summaries of key cases which should be of interest to the maritime practitioner.


Legal Limits On Recreational Fishing Near Offshore Wind Facilities, Kaitlynn Webster, Read Porter 2020 Rhode Island Sea Grant Law Fellow

Legal Limits On Recreational Fishing Near Offshore Wind Facilities, Kaitlynn Webster, Read Porter

Sea Grant Law Fellow Publications

No abstract provided.


Safe & Environmentally Sound Recycling Of Ships: A Stocktaking Of The Current State Of International Law, Ishtiaque Ahmed 2020 North South University

Safe & Environmentally Sound Recycling Of Ships: A Stocktaking Of The Current State Of International Law, Ishtiaque Ahmed

Fordham Environmental Law Review

Ship-breaking is one of the most dangerous occupations in the world and widely known as a pollution-heavy industry. This industry is currently concentrated primarily in three South Asian developing countries, namely Bangladesh, India and Pakistan. Ensuring the safe and environmentally sound recycling of ships remains a global concern. There are many international regulations which apply to the activities of ship-breaking, but none of them address the issue in a comprehensive manner. The most relevant international instrument governing ship recycling, the 2009 Hong Kong Convention remains unenforceable due to non-ratification by the chief ship recycling states. The only enforceable international instrument …


State-Sponsored Ransomware Through The Lens Of Maritime Piracy, Evans F. Horsley 2020 University of Georgia School of Law

State-Sponsored Ransomware Through The Lens Of Maritime Piracy, Evans F. Horsley

Georgia Journal of International & Comparative Law

No abstract provided.


An International Approach To Maritime Conflicts Of Law, Anthony J. Colangelo 2020 Southern Methodist University, Dedman School of Law

An International Approach To Maritime Conflicts Of Law, Anthony J. Colangelo

Faculty Journal Articles and Book Chapters

This Essay seeks to answer two interrelated questions about regnant maritime choice of law analysis in the United States: Does it descriptively capture international law as the United States claims? And, if so, is such an approach a good one? In so doing, it aims principally to provide national and international decision makers with a robust and fresh resource for resolving these disputes in a manner, I argue, beneficent to overall social welfare and peaceful relations among states. For only by analyzing the United States’ claim can we tell whether it is true and thus, whether it needs to be …


In Memory Of Professor James E. Bond, Janet Ainsworth 2020 Seattle University School of Law

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.


Introduction, Aldo Chircop, Floris Goerlandt, Claudio Aporta, Ronald Pelot 2020 Marine & Environmental Law Institute, Schulich School of Law, Dalhousie University, Halifax, NS, Canada

Introduction, Aldo Chircop, Floris Goerlandt, Claudio Aporta, Ronald Pelot

Articles, Book Chapters, & Popular Press

This chapter introduces a multidisciplinary collection of chapters addressing various aspects of governance of Arctic shipping written by leading international scholars. It investigates how ocean changes and anthropogenic impacts affect our understanding of risk, policy, management and regulation for safe navigation, environment protection, conflict management between ocean uses, and protection of Indigenous peoples’ interests in Canadian Arctic waters. The book is divided in three parts, together providing a multi-faceted and interdisciplinary view on governance of Arctic shipping. The first part addresses conceptual and empirical aspects of risk governance, management, and assessment in the Canadian Arctic. The second part focuses on …


The Regulation Of Heavy Fuel Oil In Arctic Shipping: Interests, Measures, And Impacts, Jiayu Bai, Aldo Chircop 2020 Marine & Environmental Law Institute, Schulich School of Law, Dalhousie University, Halifax, NS, Canada

The Regulation Of Heavy Fuel Oil In Arctic Shipping: Interests, Measures, And Impacts, Jiayu Bai, Aldo Chircop

Articles, Book Chapters, & Popular Press

Since the International Maritime Organization’s (IMO) ban on the use and carriage for use of heavy fuel oil (HFO) for ships operating in Antarctic waters came into effect in 2011, the international community has been engaged in a discourse on whether to adopt a similar standard for ships operating in Arctic waters. The issues are complex as, in addition to reducing the environmental risks posed by HFOs, there are economic and social consequences, including dependence on such fuels by Indigenous peoples. The discourse has involved the IMO, the Arctic Council, industry associations, environmental nongovernmental organizations, and Indigenous peoples. The issue …


The Regulation Of Ship Emissions In Canadian Northwest Atlantic And Arctic Waters: Is There A Need For Consistency And Equity?, Aldo Chircop 2020 Marine & Environmental Law Institute, Schulich School of Law, Dalhousie University, Halifax, NS, Canada

The Regulation Of Ship Emissions In Canadian Northwest Atlantic And Arctic Waters: Is There A Need For Consistency And Equity?, Aldo Chircop

Articles, Book Chapters, & Popular Press

Since the adoption of Annex VI of the International Convention on the Prevention of Pollution from Ships, 1973/78, the International Maritime Organization has gradually expanded the scope of ship emission regulation to include VOCs, SOx, NOx, particulate matter and, more recently, greenhouse gas emissions. This regulatory effort has not been integrated and displays some inconsistency and even fragmentation, resulting in different levels of environment protection for different regions and even potential conflicts between standards. The regulation of use and carriage of heavy sulphur fuel oil may lead to increase of clean fuel use and thereby produce more CO2 emissions. Designation …


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Between Scylla And Charybdis: Maritime Liens And The Bankruptcy Code, Ian T. Kitts 2019 Brooklyn Law School

Between Scylla And Charybdis: Maritime Liens And The Bankruptcy Code, Ian T. Kitts

Brooklyn Journal of Corporate, Financial & Commercial Law

Federal courts have had trouble fitting maritime law into the bankruptcy scheme created by the Bankruptcy Code (the Code). Particularly troublesome have been vessel-arrest proceedings that are underway when the vessel’s owner files for bankruptcy. Prior to the enactment of the Code, courts applied the doctrine of custodia legis to decide whether the admiralty or the bankruptcy court would administer the vessel. Since the Code was enacted, courts have generally held that the bankruptcy court gained control. A recent Ninth Circuit decision, however, split with other circuits and seems to have revived custodia legis. This Note argues that the Ninth …


What Is The Meaning Of A “Safe Berth” Clause In A Charter Party?, Robert Jarvis 2019 Nova Southeastern University - Shepard Broad College of Law

What Is The Meaning Of A “Safe Berth” Clause In A Charter Party?, Robert Jarvis

Faculty Scholarship

No abstract provided.


Legal Analysis Of National Law On Wrecks And Abandoned Ships In Turkish Waters Within The International Legal Framework, Safiye Tecen 2019 World Maritime University

Legal Analysis Of National Law On Wrecks And Abandoned Ships In Turkish Waters Within The International Legal Framework, Safiye Tecen

World Maritime University Dissertations

No abstract provided.


Saudi Arabia And Regional Cooperation Agreements Against Transnational Maritime Crime : Recaap And Dcoc In Perspective, Feras Alsulaiman 2019 World Maritime University

Saudi Arabia And Regional Cooperation Agreements Against Transnational Maritime Crime : Recaap And Dcoc In Perspective, Feras Alsulaiman

World Maritime University Dissertations

No abstract provided.


An Analysis Of The Challenges Hindering The Nigerian Cabotage Act, Abimbola Augustina Osemwegie 2019 World Maritime University

An Analysis Of The Challenges Hindering The Nigerian Cabotage Act, Abimbola Augustina Osemwegie

World Maritime University Dissertations

No abstract provided.


Comparative Analysis Of The Legal Framework That Regulates The Port Concession Scheme In Colombia And Chile With Emphasis On The Regulatory Functions Of The Port Authority, Simdy Calderon, Reynaldo Rojas 2019 World Maritime University

Comparative Analysis Of The Legal Framework That Regulates The Port Concession Scheme In Colombia And Chile With Emphasis On The Regulatory Functions Of The Port Authority, Simdy Calderon, Reynaldo Rojas

World Maritime University Dissertations

No abstract provided.


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