Admiralty Commons^™

Defining A Vessel In Admiralty: I Know It When I See It, Daniel Faessler

St. Thomas Law Review

Defining the term "vessel," while seemingly inconsequential at first blush, is an essential preliminary inquiry in almost any maritime law dispute. In Lozman v. City of Riviera Beach, Florida. the Supreme Court's latest pronouncement on what it means to be a vessel, the Court inserts a "reasonable observer" standard and a "designed to a practical degree" element into the vessel inquiry, which may upset long-settled law in admiralty. Part I explains through various examples why status as a vessel is important in admiralty jurisdiction. Part II discusses the Supreme Court's latest cases defining a vessel including Stewart v. Dutra Construction …

Asbestos Lawsuits In Russia: Bring One If You Can, Anna Linetskaya

Cardozo Journal of International and Comparative Law

The note examines the challenges faced by asbestos victims in Russia in seeking legal redress, highlighting the barriers posed by the country's legal system, lack of regulatory oversight, and the dominance of the asbestos industry. It argues that despite the existence of tort law as a potential avenue for relief, numerous structural and procedural obstacles deter victims from pursuing claims, underscoring the need for legal reforms to improve access to justice.

Tarrification Of The Coastwise Trade Laws, Keith E. Diggs

Michigan Law Review

The coastwise trade laws prohibit foreign vessels and mariners from transporting goods or passengers between American ports. These anticompetitive laws punish American producers and consumers yet barely sustain a dwindling merchant marine. Every attempt to repeal the laws encounters insurmountable political resistance. Reformers of the coastwise trade laws, then, should instead try to convert the prohibition on foreign involvement into a tariff.

Inside The Blackwall Box: Explaining U.S. Marine Salvage Awards, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

Under U.S. maritime law, a salvor of imperiled maritime property on navigable waters is entitled to a monetary award from the owner. When the salvage service is rendered voluntarily in the absence of a contract, the court determines the salvage award according to six factors enumerated by the Supreme Court in The Blackwall, 77 U.S. 1 (1869). The law, however, does not specify a precise formula or rule for calculating awards on the basis of the Blackwall factors. How do courts turn their findings on the Blackwall factors into salvage awards? This article addresses this question by examining the …

The United States, China, And Freedom Of Navigation In The South China Sea, James W. Houck, Nicole M. Anderson

Faculty Scholarship

The need for a uniform understanding of international norms regarding freedom of navigation is increasingly important as more States develop capacity to act in the international maritime realm. Nowhere is the issue of freedom of navigation more contentious, with more potential to spark wider conflict, than in the South China Sea (SCS). Both the United States and China profess an interest in the free navigation of commercial vessels in the region. Beyond commercial shipping, however, the two nations disagree on the important issue of freedom of navigation for military vessels. The United States believes all nations have wide latitude under …

A Survey Of Judicial Standards For Imposing Liability On The Classification Societies : Potential Liability Under The Isps Code, Lufuno Albert Mudau

World Maritime University Dissertations

No abstract provided.

Assessment Of The Maritime Legislative Regulatory Framework Relating To The Jamaica Logistics Hub With Special Reference To Selected Contemporary Maritime Issues, Deniece Melissa Aiken

World Maritime University Dissertations

No abstract provided.

Vietnam Towards The Maritime Labour Convention, 2006 : Benefits, Challenges And Reality, Nguyen Viet Hoang Son

World Maritime University Dissertations

No abstract provided.

Implementation Of The Maritime Labour Convention In Peru : Applications Met's Models To Optimize Implementation, Gustavo Livia Rosas

World Maritime University Dissertations

No abstract provided.

Climate Regulation As If The Planet Matters: The Earth Jurisprudence Approach To Climate Change, Glenn Wright

Environmental and Earth Law Journal (EELJ)

It is now beyond doubt that humans are having an enormously detrimental impact on the natural world. In the face of the incredible environmental challenges we face, new and radical ideas have emerged about how we should regulate human behavior. This paper briefly focuses on the failure of current legal regimes to address climate change, and considers how climate governance would look under the Earth Jurisprudence approach: setting our laws within the context of fundamental principles of ecology and planetary boundaries. Consideration is given to how existing legal concepts could be used to achieve this vision. The paper concludes that …

Land Ethic Under Attack: Keystone Xl And The War Over Domestic S(Oil), Heather Culp

Environmental and Earth Law Journal (EELJ)

The Keystone XL pipeline has caused recent controversy and renewed the debate over the future of fossil fuels in the United States. The project pits largely conservative groups, who argue that the pipeline will create jobs and decrease America’s dependence on foreign oil, against environmental advocates, indigenous tribes, and private landowners, who are attempting to fend off the project because they believe it will displace them of their own lands as well as disrupt the natural ecosystems that lay in the pipeline’s path. In the wake of a presidential veto of the project and renewed sentiment by the pipeline’s …

Permitting Problems: Environmental Justice And The Miccosukee Indian Tribe, Charles Prior

Environmental and Earth Law Journal (EELJ)

The Miccosukee Tribe of Indians is a federally recognized tribe that works and resides in the Everglades region of the State of Florida. The Miccosukee have been battling lax water quality standards through lawsuits since the 1990’s. Recent rulings in federal court held that the State of Florida has failed to comply with the Clean Water Act and ordered the Environmental Protection Agency to set nutrient criteria for the water bodies in the state of Florida until the Florida Department of Environmental Protection complies with the Clean Water Act.

This article uses the principles of environmental justice to analyze ways …

State Conservation As Settler Colonial Governance At Ka‘Ena Point, Hawai‘I, Bianca Isaki

Environmental and Earth Law Journal (EELJ)

This paper argues, by illustrating, that liberal multiculturalism and natural resources are interlinked strategies of settler colonial governance in political debates surrounding the construction of a “predator-proof” fence for conservation purposes across Native Hawaiian lands of deep cultural and historical significance at Ka`ena Point, a state wilderness park in Hawai`i. First, this paper shifts debates framed in terms of the seeming recalcitrance of Native Hawaiian cultural practitioners to recognize the necessity of natural resource management. Second, it considers how these political debates are repeated in the context of legal questions over the forms through which Native Hawaiian cultural claims may …

Admiralty, Colin A. Mcrae, Edgar M. Smith, Kate C. Lawson

Mercer Law Review

I. APPELLATE ADMIRALTY JURISDICTION

II. SEAFARER ARBITRATION CLAUSES

III. CRUISE SHIP'S DUTY TO WARN

IV. FORUM SELECTION CLAUSES IN CRUISE SHIP TICKETS

V. CONTRACTUAL STATUTE OF LIMITATION IN CRUISE SHIP TICKETS

VI. MARITIME PERSONAL INJURY

VII. MARITIME ATTACHMENT

VIII. LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT

IX. SEAMAN STATUS UNDER THE JONES ACT

X. MARITIME JURISDICTION

XI. SALVAGE

It Sure Looks Different From The Inside: Deciding International Disputes At The Wto, Thomas R. Graham

Philip J. Shapiro Endowed International Visiting Scholar Lecture

No abstract provided.

Litigate Or Innovate? Us Shipping In [The] 21st Century, Steve Overturf

Sea Grant Law Fellow Publications

No abstract provided.

Navigating Complex State And Federal Fisheries Jurisdictions, Thomas Bennett

Sea Grant Law Fellow Publications

No abstract provided.

Mason V. The Ship Blaireau: Salvage, Slaves, And The Law Of Nations, Kristin Burnworth

Legal History Publications

In March 1803, French ship Le Blaireau ran into Spanish ship of war St. Julien in the middle of the Atlantic Ocean, severely damaging the Blaireau such that her captain and crew abandoned ship and boarded the St. Julien, with the exception of seaman Thomas Toole. The next day, British ship The Firm found and temporarily repaired the Blaireau, and helped Toole bring her into port in Baltimore, which was The Firm’s destination. The case addressed the question of awarding salvage; specifically, to whom should there be salvage, and in what amounts? It also raised questions about …

Issues Of Delay & Deviation In Marine Insurance: A Case Study Of Oliver V. The Maryland Insurance Company, 7 Cranach 487 (1813), Kyle Hildreth

Legal History Publications

An examination of the case Oliver v. The Maryland Insurance Company, 7 Cranch 487 (1813). In Oliver, Robert Oliver, the plaintiff, sued the Maryland Insurance Company, the defendant, in an attempt to recover on an insurance policy he had purchased for a shipment of goods aboard the snow Comet. The Comet was seized by a British ship on its return from Spain, and was condemned under the Orders in Council of 1807. The Court affirmed a lower court judgment that Oliver was not entitled to recover, because the Comet had engaged in an unreasonable delay and deviation …

The Merrimack, 12 U.S. 317 (1814): Transatlantic Trade And The Transfer Of Property During The War Of 1812, Jeremy Esperon

Legal History Publications

A key prong of American strategy during the War of 1812 was to enlist the aid of privateers – private actors licensed by the government to use force against the enemy. Among the ships American privateers seized during the war pursuant to this strategy was the Merrimack, an American-owned vessel returning from Liverpool, England to Baltimore, Maryland carrying on board a cargo of British goods. Her seizure led to the Supreme Court case The Merrimack, 12 U.S. 317 (1814), a seemingly banal case that in fact is a cautionary tale for merchants of one belligerent nation seeking to …