Law of the Sea Commons^™

The Athens Convention And Limitation Of Liability In U.S. Federal Courts: While Communication Is Key, Some Things Are Better Left Unsaid, Angelica L. Boutwell

University of Miami Inter-American Law Review

No abstract provided.

Invasion Of Reservation: U.S. Policy Responses To The Invasive Lionfish Within Marine Protected Areas, Nichola A. Clark

Senior Theses and Projects

No abstract provided.

The Trouble With Treasure: Historic Shipwrecks Discovered In International Waters, Cathryn Henn

University of Miami International and Comparative Law Review

No abstract provided.

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 …

Vol. 42, No. 04 (February 6, 2012)

Indiana Law Annotated

No abstract provided.

Has The Law Of The Sea Convention Strengthened The Conservation Ability Of The International Whaling Commission?, Jared Zemantauski

University of Miami Inter-American Law Review

No abstract provided.

Save Our Sharks: Using International Fisheries Law Within Regional Fisheries Management Organizations To Improve Shark Conservation, Stijn Van Osch

Michigan Journal of International Law

Like many fish, sharks are facing unprecedented overfishing. They have been targeted both directly for their fins and caught accidentally (bycaught) in, for instance, tuna fisheries. This has led to collapsing stocks around the world. Overfishing has led to what has been termed a mass extinction among ocean species, and sharks are no exception-they are in fact especially vulnerable. As a result, many species of sharks are now listed on the Red List of the International Union for Conservation of Nature (IUCN). This problem can only be tackled through coordinated, cooperative action by all states. This Note explores one avenue …

On The Economics Of International Sea Piracy--A Case Of History Repeating Itself, Barry H. Dubner

Faculty Scholarship

No abstract provided.

Arctic Justice: Addressing Persistent Organic Pollutants, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This article recommends enhanced governance of persistent organic pollutants through incentives to develop environmentally sound, climate friendly technologies as well as caution in developing the Arctic. It highlights the toxicity challenges presented by POPs to Arctic people and ecosystems.

Polar Law And Good Governance, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This chapter will assess the Antarctic Treaty System, ask what polar lessons can be learned regarding common pool resources, and analyze law of the sea and related measures. It will consider such substantive areas as Arctic and Antarctic natural resource management and procedural opportunities as inclusive governance structures. Enhancing good governance can occur through trust building forums that bring together stakeholders, share information, and make environmentally sound decisions regarding sustainable development.

Proving Corporate Criminal Liability For Negligence In Vessel Management And Operations: An Allision-Oil Spill Case Study, Craig H. Allen

Articles

Maritime policy analysts often invoke the "vessel safety net" metaphor to explain the independent, but overlapping, risk management roles and responsibilities of the vessel master and crew, owner and charterer, operating company, classification society, flag state and port states. Oil spills from the 2002 M/T Prestige break up off the coast of Galicia, Spain, the 2007 M/V Cosco Busan bridge allision in San Francisco Bay and the 2010 Deepwater Horizon debacle in the Gulf of Mexico, among others, demonstrate that any or all of the components of that safety net may come under scrutiny following a marine casualty, possibly leading …

Cruises, Class Actions, And The Court, David Korn, David Rosenberg

University of Michigan Journal of Law Reform Caveat

As the Carnival Triumph debacle splashed across the national consciousness, lawyers shook their heads. Sensationalist news coverage exposed common knowledge in the legal community: cruise passengers have little recourse against carriers, and, as a result, they often bear the brunt of serious physical and financial injuries. Cruise lines, escaping legal accountability for their negligence, sail off undeterred from neglecting passenger safety on future voyages. While its previous decisions helped entrench this problem, a recently argued case presents the Supreme Court with another opportunity to address it.

Legal Aspects Of Mutual Non-Denial And The Relations Across The Taiwan Straits, Chun-I Chen

Maryland Journal of International Law

No abstract provided.

Law Of The Sea And Lng: Cross-Border Law And Politics Over Head Harbor Passage, The, James Kraska

Canada-United States Law Journal

No abstract provided.

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.

Review Of "The Oceans In The Nuclear Age: Legacies And Risks", John E. Noyes

Faculty Scholarship

The 2011 Fukushima Daiichi nuclear power plant meltdown in Japan, the worst nuclear crisis since Chernobyl, has at least temporarily brought to the forefront of public attention some of the risks associated with nuclear activities. The operation of nuclear plants and waste storage facilities in coastal zones is only one of many nuclear activities affecting the oceans. In this article, the author reviews a book entitled The Oceans in the Nuclear Age. This bookhighlights incidents and statistics that reveal the magnitude of nuclear activities affecting the oceans.

International Law In The Era Of Climate Change, Rosemary Rayfuse (Ed.), Shirley Scott (Ed.)

Rosemary Rayfuse

No abstract provided.

Climate Change Mitigation Activities In The Ocean: Regulatory Frameworks And Implications, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.

Differentiating The Common? The Responsibilities And Obligations Of States Sponsoring Deep Seabed Mining Activities In The Area, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.