Admiralty Commons^™

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, …

The Case Against Maritime Class Arbitration: A Brief Policy Argument, Landon R. Schwob

Pepperdine Dispute Resolution Law Journal

On April 27, 2010, the United States Supreme Court decided a case that will have far-reaching implications for virtually all sectors within the arbitration industry, including the subject of this article-maritime arbitration. The question presented in Stolt-Nielsen v. AnimalFeeds International Corp. dealt with class arbitration and whether its imposition on parties whose arbitration clauses are silent on that issue is consistent with the Federal Arbitration Act (FAA). This article will primarily examine the history and viability of class arbitration-and arbitration in general-in the far more narrow context of maritime and the admiralty. Stolt-Nielsen provides an excellent backdrop against which to …

Waiting For Gaudet Charting A Course After Atlantic Sounding Co. V. Townsend, Attilio M. Costabel

St. Thomas Law Review

In Waiting for Godot, the masterpiece play by Nobel Laureate Samuel Beckett, two friends wait expectantly for someone named Godot to arrive. The friends claim him as an acquaintance, but in fact they hardly know him, admitting that they would not recognize him were they to see him. After days of waiting in vain, they pledge to commit suicide the day after, unless of course Godot arrives. At the play's end, the audience never learns if Godot arrived or if the friends committed suicide. This narrative is strikingly similar to the saga of the homonymous Supreme Court case name Gaudet-a …

Ensuring Adequate Compensation To The Victims Of The Deepwater Horizon Explosion: Who Says You Can't Teach An Old Dog New Tricks?, 45 J. Marshall L. Rev. 515 (2012), Ryan Linsner

UIC Law Review

No abstract provided.

Opening Block Island Sound Transit Zone To Striped Bass Recreational Fishing, Casey Shickling

Sea Grant Law Fellow Publications

No abstract provided.

Legal Barriers And Opportunities To Developing Business Partnerships Between Fisheries And Tourism, Scott R. Gunst Jr.

Sea Grant Law Fellow Publications

No abstract provided.

Admiralty's In Extremis Doctrine: What Can Be Learned From The Restatement (Third) Of Torts Approach?, Craig H. Allen

Articles

The in extremis doctrine has been part of maritime collision law in the U.S. for more than one hundred and sixty years. One would expect that a century and a half would provide ample time for mariners and admiralty practitioners and judges to master the doctrine. Alas, some of the professional nautical commentary and even an occasional collision case suggest that the doctrine is often misunderstood or misapplied. A fair number of admiralty writers fail to understand that the in extremis doctrine is not a single "in extremis rule," but rather several rules, all of which are related to the …

The Ship Arrest Conventions Of 1952 And 1999 : International And Ukrainian Perspectives, Nadiya Isikova

World Maritime University Dissertations

The dissertation is an analytical study on international and Ukrainian perspective of the ship arrest, examining the rights and interests of claimants such as mortgagees and holders of maritime liens, but also those of shipowners and ship operators. The purpose of this research is to compare two Arrest Conventions of 1952 and 1999, taking into consideration their historical and theoretical development, problems of implementation and interpretation, differences in the list of individual maritime claims, procedures and rules regarding arrest, rearrest, release and counter security. The associated object is to carry out an assessment of the law of Ukraine on ship …

Admiralty, Colin A. Mcrae, Edgar M. Smith

Mercer Law Review

No abstract provided.

Teaching Admiralty Popularly, Robert M. Jarvis

Faculty Scholarship

Robert Jarvis, Teaching Admiralty Popularly, 55 Saint Louis University Law Journal 541 (2011).

Beyond The Tide: Beginning Admiralty With The Steamboat Magnolia, Joel K. Goldstein

All Faculty Scholarship

Admiralty is potentially one of the richest subjects in the law school curriculum. This claim may be received skeptically by those who have neither taught nor taken the course. Yet my experience as a student in, and teacher of, the course confirms my belief that Admiralty holds that promise, especially if it is presented not simply as a vehicle to train the relatively few who hope to become maritime lawyers, but as an opportunity for students with different aspirations to explore some of the most interesting issues in law. As a crosscutting course, Admiralty offers a chance to integrate materials …

Background (Fixed-Cost) Avoidance-Choices, Foreground (Variable-Cost) Avoidance-Choices, And The Economically Efficient Approach For Courts To Take In Martine-Salvage Cases: A Positive Analysis And Related Critique Of Landes And Posner's Classic Study, Richard S. Markovits

Buffalo Law Review

No abstract provided.

Getting The "Story" Out: Teaching Admiralty At The University Of Washington, Craig H. Allen

Articles

I count myself fortunate indeed to be a law teacher and to have the privilege of teaching admiralty to the next generation of attorneys. My good fortune is compounded by the fact that I teach admiralty (and several other maritime law courses) at the University of Washington, a major research university with a complementary graduate level School of Marine Affairs. There is no finer venue for studying maritime law than the state of Washington. By any measure, Washington is among the most “marine” and most trade-dependent states in the nation, and it has long been home to a distinguished maritime …

The Introduction Of Alien Aquatic Species By Ships In The Arctic : The Role Of The Polar Code And Other International Legal Instruments, Anne Bouyssou

World Maritime University Dissertations

No abstract provided.

The Stcw Manila Amendments : Its Challenges To The Far East, Chong Ju. Chae

World Maritime University Dissertations

No abstract provided.

Djibouti Code Of Conduct : An Instrument To Suppress Piracy In The Western Indian Ocean And The Gulf Of Aden, Dave Muli

World Maritime University Dissertations

No abstract provided.