Edging Towards Principled Ocean Governance: Law Of The Sea And Beyond,
2018
Schulich School of Law and Marine & Environmental Law Institute, Dalhousie University
Edging Towards Principled Ocean Governance: Law Of The Sea And Beyond, David Vanderzwaag
Articles, Book Chapters, & Popular Press
Elisabeth Mann Borgese is well known for her commitment to advancing the legal order for the improved regulation of the world’s oceans. Her advocacy with respect to the United Nations Convention on the Law of the Sea (UNCLOS) is the subject of other essays in this volume. However, in the decades since 1982, legal principles, sometimes linked to provisions in treaties, have become critical in the global quest for sustainable seas and healthy coastal communities. Principles, such as precautionary and ecosystem approaches, have influenced the negotiation, implementation, and interpretation of international agreements. They may also guide national ocean law and …
Crossing Troubled Waters: Joining Non-Signatories In Maritime Arbitration - The Co-Optation And Containment Of Consent In United States And British Law,
2018
Arizona Summit Law School
Crossing Troubled Waters: Joining Non-Signatories In Maritime Arbitration - The Co-Optation And Containment Of Consent In United States And British Law, Glenys P. Spence
Roger Williams University Law Review
No abstract provided.
Shipping Company Ordered To Pay Almost $1m For Demoting Whistleblower,
2018
University of Washington School of Law
Shipping Company Ordered To Pay Almost $1m For Demoting Whistleblower, Craig H. Allen
Articles
The US Department of Labor's (DOL) Administrative Review Board recently affirmed a DOL administrative law judge (ALJ) decision in favor of the former master of the Horizon Trader who had filed a complaint alleging that the Horizon violated the Seaman's Protection Act by discharging him in retaliation for making protected safety reports to the US Coast Guard and American Bureau of Shipping. In Loftus v. Horizon Lines, Inc. (DOL ARB Case No. 16-082), the board upheld the ALJ's award of $655,1998.90 in back pay plus interest; $10,000 in compensatory damages for emotional distress; $225,000 in punitive damages, and an unspecified …
President Trump's Emerging Maritime Policy,
2018
University of Washington School of Law
President Trump's Emerging Maritime Policy, Craig H. Allen
Articles
President Donald Trump was elected on a pledge to make America great again. Although he did not enter office with a comprehensive national maritime policy, the elements of such a policy have begun to emerge. Since taking office on January 20, 2017, Trump and the Republican controlled 115th Congress have enacted broad tax reforms and significantly increased defense spending, the first step toward rebuilding the US Navy to 355 ships. The 115th Congress also invoked the Congressional Review Act of 1996 to overturn 14 rules issued by federal agencies during President Obama's term.
The Earth's Atmosphere As A Global Trust: Establishing Proportionate State Responsibility To Maintain, Restore And Sustain The Global Atmosphere,
2017
Salisbury University
The Earth's Atmosphere As A Global Trust: Establishing Proportionate State Responsibility To Maintain, Restore And Sustain The Global Atmosphere, Thomas Boudreau Ph.D.
Environmental and Earth Law Journal (EELJ)
Expanding upon the important work already accomplished by the Paris Agreement (2015), the United Nations General Assembly (UNGA) can help create the international legal framework needed by recognizing, in a nonbinding resolution as a first step, the Earth’s atmosphere as a global trust and thus helping to create the necessary legal capacity- building among nation-states to monitor, maintain as well as restore the Earth’s atmosphere for future generations.
The Dangers Of Water Privatization: An Exploration Of The Discriminatory Practices Of Private Water Companies,
2017
Barry University School of Law
The Dangers Of Water Privatization: An Exploration Of The Discriminatory Practices Of Private Water Companies, Elana Ramos
Environmental and Earth Law Journal (EELJ)
No abstract provided.
Putting The Sun Back Into The Sunshine State: How Florida's Transition To Solar Power Has Brought The State Out Of The Shadows Cast By Big Oil's Energy-Monopoly,
2017
Barry University School of Law
Putting The Sun Back Into The Sunshine State: How Florida's Transition To Solar Power Has Brought The State Out Of The Shadows Cast By Big Oil's Energy-Monopoly, Christopher Berman
Environmental and Earth Law Journal (EELJ)
No abstract provided.
An Overview Of The Zika Virus Epidemic And What America Can Do To Prevent The Spread Of The Virus In The Future,
2017
Barry University School of Law
An Overview Of The Zika Virus Epidemic And What America Can Do To Prevent The Spread Of The Virus In The Future, Alexandra Parrish
Environmental and Earth Law Journal (EELJ)
No abstract provided.
Clean Power Plan,
2017
Barry University School of Law
Clean Power Plan, Janice Chon
Environmental and Earth Law Journal (EELJ)
No abstract provided.
It's All Downhill From Here: How The Nation's Dispute With Clean Water Act Jurisdiction Is Solved,
2017
University of Mississippi School of Law
It's All Downhill From Here: How The Nation's Dispute With Clean Water Act Jurisdiction Is Solved, Spencer H. Newman
Environmental and Earth Law Journal (EELJ)
What makes the United States one of the most prosperous and safest nations in the modern world? Perhaps it is the durable economy, the strong military force, or the Constitutional protections. What most Americans take for granted, however, is something people in many nations base their entire lives around: safe, clean water. Promulgated in 1972, the original Clean Water Act has been opposed and amended over the course of forty years. No provision, however, has been as hotly contested as the § 404 program for “dredge and fill” permits. Specifically, this section led to divisions on what constitutes “water” that …
Common Law Jurisprudence On Public Vessel Status In The United States: Annotated Cases,
2017
Rhode Island Sea Grant Law Fellow, Roger Williams University School of Law, Candidate for Juris Doctor, 2019
Common Law Jurisprudence On Public Vessel Status In The United States: Annotated Cases, Erika Wheat
Sea Grant Law Fellow Publications
This document provides an overview of the facts and disposition of federal cases interpreting whether vessels are “public vessels” under U.S. admiralty law. This document is a supplement to Status of the U.S. Academic Research Fleet as Public Vessels under U.S. and International Law, which discusses these cases and other legal authorities relevant to a determination of whether U.S. academic research fleet vessels are public vessels. The cases in this document are arranged by circuit and type of court and are presented in reverse chronological order within each court. This document is to be used for research purposes only and …
Status Of The U.S. Academic Research Fleet As Public Vessels Under U.S. And International Law,
2017
Rhode Island Sea Grant Law Fellow, Roger Williams University School of Law, Candidate for Juris Doctor, 2019
Status Of The U.S. Academic Research Fleet As Public Vessels Under U.S. And International Law, Rhode Island Sea Grant Law Fellow Program, Marine Affairs Institute (Mai), Roger Williams University School Of Law, Erika Wheat, Mark Hartmann
Sea Grant Law Fellow Publications
No abstract provided.
Lost At Sea: The Continuing Decline Of The Supreme Court In Admiralty,
2017
University of Sydney Law School
Lost At Sea: The Continuing Decline Of The Supreme Court In Admiralty, Michael Sevel
University of Miami Law Review
For the first 200 years of its history, the United States Supreme Court served as the primary leader in the development of, and its cases the primary source of, the admiralty and maritime law of the United States. That appears to be changing. The Court’s admiralty cases over the last quarter century indicate that it is slowly giving up its traditional leading role in creating and developing rules of admiralty law, and instead deferring to Congress to make those rules, a trend that is tantamount to abandoning its Article III constitutional duty to serve as the country’s only national admiralty …
Save Our Ships: How U.S. National Security Interests Affect The Human Rights Of Stranded Seafarers As A Result Of Shipping Bankruptcies,
2017
Brooklyn Law School
Save Our Ships: How U.S. National Security Interests Affect The Human Rights Of Stranded Seafarers As A Result Of Shipping Bankruptcies, Michelle S. Lee
Brooklyn Journal of International Law
Hanjin Shipping Company declared bankruptcy in September 2016. The South Korean shipping giant, owner of dozens of massive shipping vessels, was suddenly engulfed in multiple bankruptcy proceedings all over the world. When a major company such as Hanjin falls, the attention is focused mainly on the money, statistics, and the corporate heads. There is rarely a spotlight on how such a collapse affects the workers. With Hanjin at the forefront of the new wave of shipping bankruptcies, it will be increasingly important to understand the realities of the financial disasters on the lives of the company’s employees. This Note will …
Attaching Domestic Assets To Remedy High Seas Pollution: Rule B And Marine Debris,
2017
Roger Williams University School of Law
Attaching Domestic Assets To Remedy High Seas Pollution: Rule B And Marine Debris, Jonathan M. Gutoff
Law Faculty Scholarship
No abstract provided.
Korean Maritime Case Update: 2015/2016,
2017
Roger Williams University
Korean Maritime Case Update: 2015/2016, In Hyeon Kim
Journal of Maritime Law and Commerce
No abstract provided.
On The Law Of Pirate Fishing And Its Connection To Human Rights Violations And To Environmental Degradation - A Multi-National Disaster,
2017
Roger Williams University
On The Law Of Pirate Fishing And Its Connection To Human Rights Violations And To Environmental Degradation - A Multi-National Disaster, Barry Hart Dubner, Loany M. Vargas
Journal of Maritime Law and Commerce
No abstract provided.
Table Of Contents,
2017
Roger Williams University
Shipper's Title To Sue After The Transfer Of The Bill Of Lading - A Comparative Study For The Reform Of Chinese Maritime Law,
2017
Roger Williams University
Shipper's Title To Sue After The Transfer Of The Bill Of Lading - A Comparative Study For The Reform Of Chinese Maritime Law, Tianyi Jiang, Zhen Jing
Journal of Maritime Law and Commerce
No abstract provided.
Charterers And Vetting: Balancing Between Freedom And Nightmare,
2017
Roger Williams University
Charterers And Vetting: Balancing Between Freedom And Nightmare, Dimitris Houvardas
Journal of Maritime Law and Commerce
No abstract provided.
