Admiralty Commons^™

The Anne, 16 U.S. 435 (1818): The Fate Of Vessels Captured After The War Of 1812, Kimberly Schindel

Legal History Publications

The War of 1812 officially ended in 1815 with the Treaty of Ghent, but many vessels were captured and condemned as prizes after the Treaty was ratified. One of those ships was The Anne. This paper describes The Anne's capture and analyzes it within its place in history. Particularly, it looks at the role of neutral nations during wartime, and the effect they had on prizes captured within their territory. Finally, it analyzes the legal aspects of the case, including the arguments and opinions and discusses the impact that The Anne had on principles of maritime law.

Mccall V. Marine Insurance Company, Megan J. Mcginnis

Legal History Publications

Marine insurance contracts were one of the most important categories of federal litigation in the early nineteenth century. The increase in international conflict resulted in a corresponding increase in the risk associated with maritime activity and the number of claims insurance companies litigated in an effort to minimize losses. Accordingly, a rich body of commercial law was developed by the federal courts in which the cases were tried. One such case was McCall v. Marine Insurance Company, in which the Supreme Court determined the impact of the addition of a single unusual word in the clause that set forth …

Thirty Hogsheads Of Sugar V. Boyle, 9 Cranach 191 (1815): How One Case Expanded The American Conception Of Prize Law, Emily Miller

Legal History Publications

The outbreak of the War of 1812 introduced an opportunity for merchants and sailors alike, as the concept of privateering became a key facet in the United States’ war at sea. This case, Thirty Hogsheads of Sugar v. Boyle, is an illustration of such privateering activity, as Thomas Boyle, commander of the privateer ship, the Comet, engaged in prize taking activity with a British ship, after receiving a commission from the government on June 29, 1812. This paper puts this particular case into the greater privateering context surrounding the War of 1812, exploring why the case may have …

The Santa Maria: Baltimore Privateering And Piracy During The Latin American Revolutions, Megan E. Tawes

Legal History Publications

After the War of 1812 and the Napoleonic Wars, South American privateering in Baltimore took on a new dimension. Technically, the United States remained neutral with Spain in the face of Latin American revolution. However, Baltimore remained an area where privateering on foreign commissions was common. This paper puts privateering in 1817 in the context of international and national affairs. The Santa Maria involved pirates and what was considered a bona fide purchaser in a prize court. Included in the paper are historical backgrounds of the key players involved as well as a legal analysis of the issues brought up …

Pirates, Privateers, And The Merchants Who Walked The Line: An Exploration Of The 19th Century Maritime Trade Through The Lens Of Harmony V. United States, Thomas R. Riley

Legal History Publications

Through the lens provided by judicial, statutory, and social records from the first half of the 19^th century, with a focus on Harmony v. United States,[1] an avid recreation of mercantile practices can be formed which emphasizes the role of piracy and privateering in the early United States of America.

[1] Harmony v. United States, 43 U.S. 210, 11 L. Ed. 239, 1844 U.S. LEXIS 325, 2 HOW 210 (U.S. 1844)

Warts And All: How The Plattsburgh Should Change The Way We Look At The Face Of Baltimore Maritime History, David Seaton

Legal History Publications

In 1820 the Plattsburgh was condemned for violating federal anti-slave trade legislation. This little known, rarely cited Supreme Court decision is important, because it pierces the veneer of romanticism that has been allowed to sugar over our recollection of Baltimore's maritime history. The case indicates that some of the most prominent ship owners and captains at the time, including Thomas Sheppard, John N. D'Arcy, Henry Didier, and Thomas Boyle, have links to the slave trade. This paper explores the cruel realities of the international slave trade, the ineffective federal laws aimed at prohibiting it, and the efforts by merchants to …

Yeaton And Others, Claimants Of The Schooner General Pinkney And Cargo V. The United States: The Case, The History, And The Impact, Magaly Bittner

Legal History Publications

On February 28, 1806 Congress passed an embargo against any part of St. Domingo not in possession by the French Government. There was much debate regarding the embargo and the international politics regarding the Haitian Revolution. On August 23, 1806 the Schooner General Pinkney, owned by William Yeaton set sail from the port of Alexandria for St. Jago de Cuba, but instead went to the prohibited port of Cape Francois, St. Domingo. In addition to this ship, another ship owned by William Yeaton, the Schooner Betsey and Charlotte also took the same course on September 23, 1806. Both were held …

Supra Synopses, Ryan W. Dumm, Laura Turczanski

Seattle University Law Review Online

No abstract provided.

Inspection And Seizure Of Seizure Of "Armed And Equipped" Somali Pirates: Lessons From The British And American Anti-Slavery Squadrons (1808-1860), John I. Winn

Seattle University Law Review Online

No abstract provided.

The Compromised Cargo Container: Terror In A Box, Taylor Simpson-Wood

Faculty Scholarship

No abstract provided.

A Study Of The Implications Of The Ballast Water Management Convention For Flag States, Kyong M. Kim

World Maritime University Dissertations

No abstract provided.

Maritime Liens And Its Application : A Case Study Of Solomon Islands, Eric J. Teiniu

World Maritime University Dissertations

No abstract provided.

Study On Major Legal Issues Of Carriage Of Dangerous Goods At Sea, Qi Shaojiang

World Maritime University Dissertations

This dissertation focuses on major legal issues of carriage of dangerous goods by sea. Due to the particular features and high risk of dangerous goods during the process of transportation, dangerous goods transportation by sea has always caught the public eye. Nowadays, due to technological development and increasing volume of dangerous goods trade, concerns relating to its legal issues have been seen as a critical matter in the ship-ping industry. This study discusses the present situation and the trend of maritime dangerous goods legislation first, and then, looks into the various definitions of dangerous goods in differ-ent conventions and regulations. …

California V. Deep Sea Research: Leashing In The Eleventh Amendment To Keep Sinking Shipwreck Claims Afloat, Paul Neil

Pepperdine Law Review

No abstract provided.

The Continuum Of International Maritime Law And Canadian Maritime Law: Explaining A Complex Relationship, Aldo Chircop, Sarah Shiels

Dalhousie Law Journal

This article discusses the relationship between international maritime law and Canadian maritime law from legislative and judicial perspectives. It explains the relationship through Canada's implementation of international maritime conventions and a study of Canadian case law The article concludes that the relationship has a well-developed pattern based on legislative structures and judicial processes. With strong historical roots and traditions, the relationship is motivated by international comity and has firm grounding in international and domestic public policyin support ofinternational uniformity to facilitate international commerce. Canadian maritime law has a unique heritage underscored by commercial necessity The consequence is a relationship between …

A Tort Statute, With Aliens And Pirates, Eugene Kontorovich

NULR Online

No abstract provided.

Were "It" To Happen: Contract Continuity Under Euro Regime Change, Robert C. Hockett

Cornell Law Faculty Working Papers

One way or another, the European Monetary Union (EMU) is apt to endure. The prospect of continuation under the precise contours of the regime as we presently find it, however, is anything but certain. Hence many investors and other actual or prospective contract parties are likely to remain skittish until matters grow clearer. This skittishness, importantly, can itself hamper the prospect of expeditious European recovery. Addressing particular sources of ongoing uncertainty about EMU prospects can itself therefore aid in the project of recovery.

This Essay accordingly aims to impose structure upon one particular, and indeed particularly complex, source of uncertainty …

Parting The Waves: Claims To Maritime Jurisdiction And The Division Of Ocean Space, Clive Schofield

Penn State Journal of Law & International Affairs (2012 - Present)

This article casts aside traditional obsessions and examines the development and present state of coastal State claims to maritime jurisdiction, the overlapping claims to maritime space that have inevitably resulted from the significant extension of maritime claims in recent decades, and thus the delimitation of maritime boundaries.

Alone On A Wide Wide Sea: A National Security Rationale For Joining The Law Of The Sea Convention, James W. Houck

Penn State Journal of Law & International Affairs (2012 - Present)

In the face of twenty-first century challenges to military maritime mobility, the question persists as to whether customary international law will remain a reliable foundation for U.S. maritime security interests in the future. To date, the U.S. has successfully conducted military operations sanctioned by the customary high seas freedoms of free navigation and overflight. However, with technological advances and heightened environmental and defense concerns, countries with coastal state interests may demand greater control over their near-shore waters, requiring the U.S. to reconsider its position outside the United Nations Convention on the Law of the Sea (UNCLOS). This article addresses pertinent …

Bareboat Charters: Can A Shipowner Limit Liability To Third Parties? Answers For Owners Attempting To Navigate The Unsettled Waters In The Eleventh Circuit, John W. Chitty

Georgia State University Law Review

A bareboat charter is a contractual agreement akin to the lease of a vessel whereby most of the “customary liabilities” of the owner are shifted to the charterer. Some courts have raised concerns over bareboat charters—also referred to as a demise charter—regarding the ability of owners to use the bareboat device as a means to limit liability to injured third parties.

In Baker v. Raymond International, Inc. the Fifth Circuit brought force to this concern; the court held a bareboat charter would no longer shield owners from personal liability for third party injuries caused by the unseaworthiness of a vessel, …