Law of the Sea Commons^™

The Status Of International And Regional Conventions Relating To Ship Source Marine Pollution In States In The Baltic Region, Proshanto K. Mukherjee, Abhinayan Basu Bal

Baltic Master II

The Baltic Sea region consists of nine countries, Estonia, Latvia, Lithuania, Sweden, Denmark, Finland, Germany, Poland, and the Russian Federation all of which except Russia are European Union (EU) members. This report presents a study of the current status of implementing international and regional conventions for ship-source marine pollution in the Baltic Sea region.

Limits On The Giant Leap For Mankind: Legal Ambiguities Of Extraterrestrial Resource Extraction, David Johnson

American University International Law Review

No abstract provided.

The Somali Piracy Problem: A Global Puzzle Necessitating A Global Solution, Milena Sterio

American University Law Review

Over the past few years, piracy has exploded off the coast of Somalia. The Somali pirates congregate on a mother ship and then divide into smaller groups that sail out on tiny skiffs. Using potent weapons like AK-47’s and hand-propelled grenades, the Somali pirates then attack civilian ships carrying cargo through the Gulf of Aden, toward South Africa or Asia. Once they have overtaken the victim vessel, pirates typically hijack the vessel’s cargo and crewmembers. The former is often resold to willing buyers (some of which include terrorist organizations like Al Qaeda). The latter are taken to the Somali shore …

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 …

Continental Shelf Delimitation Beyond 200 Nautical Miles: Approaches Taken By Coastal States Before The Commission On The Limits Of The Continental Shelf, Coalter G. Lathrop

Faculty Scholarship

No abstract provided.

The Maritime Labour Convention, 2006 – Reflections On Challenges For Flag State Implementation, Moira Mcconnell

Articles, Book Chapters, & Popular Press

This paper begins by providing a brief overview of the International Labour Organization’s Maritime Labour Convention, 2006 (MLC, 2006), noting that this Convention, often called the “Seafarers’ bill of rights”, seeks to achieve both social and labour rights (“decent work”) for seafarers and fair competition (achieving a level-playing field) for shipowners. It has been described as the “fourth pillar” of the international maritime regulatory regime complementing the major International Maritime Organization conventions. The paper provides a brief update on international efforts to achieve the 30/33 formula needed to bring the Convention into force [at present, the tonnage element, 33% …

Economic Loss, Punitive Damages, And The Exxon Valdez Litigation, Dr. Ronen Perry

Georgia Law Review

On March 24, 1989, the Exxon Valdez ran aground on
Bligh Reef off the Alaskan coast, spilling millions of
gallons of crude oil into Prince William Sound. At the

time, the spill was probably the worst environmental
disaster in American history, and it sparked unusually
extensive and complex litigation, as well as a vast
academic literature. The Article uncovers a fundamental
yet unnoticed inconsistency in American land-based and
maritime tort law that surfaced through the Exxon Valdez
litigation. On the one hand, liability for purely economic
losses was strictly limited under Robins Dry Dock v. Flint,
leaving dozens of thousands …

Sifting Through The Wreckage: An Analysis And Proposed Resolution Concerning The Disposition Of Historic Shipwrecks Located In International Waters, Jeremy Neil

NYLS Law Review

No abstract provided.

Australian Companion To Harris - Cases & Materials On International Law, Anthony Cassimatis, Wendy Lacey, Anne Mcnaughton, Rosemary Rayfuse

Rosemary Rayfuse

This book is a companion to the seventh edition of the internationally acclaimed Harris’ Cases and Materials on International Law. Offering carefully selected materials and expert commentary, An Australian Companion to Harris’ Cases Materials on International Law is designed to provide readers with a comprehensive treatment of International law from an Australian perspective. Updated to reflect recent developments in the law, the second edition significantly expands on the coverage of the first edition and includes two additional, entirely new, chapters: International Criminal Law and International Environmental Law. The content and scope of this companion make it an ideal text for …

Teaching And Learning The Law Of Boats, Robert Anderson

Robert Anderson IV

I have taught admiralty and maritime law exactly twice. That experience hardly makes me an expert in training future proctors. What that experience does give me, however, is the perspective that comes from having recently confronted the challenges of learning the field myself. And that perspective has led me to teach the admiralty survey course differently from how I teach any of my other classes and differently from how i perceive other admiralty classes that are taught by more experienced teachers. In this essay, I hope to explain how and why I teach admiralty differently, with the hope of offering …

International Law And Disappearing States: Maritime Zones And The Criteria For Statehood, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.

Mugged Twice?: Payment Of Ransom On The High Seas, Lawrence Rutkowski, Bruce G. Paulsen, Jonathan D. Stoian

American University Law Review

No abstract provided.

Salvage Awards On The Somali Coast: Who Pays For Public And Private Rescue Efforts In Piracy Crises?, Geoffrey Christopher Rapp

American University Law Review

This paper, a contribution to the "Troubled Waters: Combating Modern Piracy with the Rule of Law" symposium, explores the question of who pays for rescue efforts associated with maritime piracy. The paper explores the availability of admiralty law's salvage awards to governmental and non-governmental actors who intervene to rescue vessels and crew from pirates. Such awards provide an unusual incentive to rescue, traditionally unavailable for land-based rescue, but may raise complicated questions of policy and international law. The paper concludes by comparing salvage awards to a recent trend in American states to adopt "Search and Rescue" expense statutes allowing governments …

International Legal Framework On The Prevention Of Vessel-Source Pollution, Nengye Liu

Research Collection Yong Pung How School Of Law

T h is paper exa mi ne s the international legal f r a m e w o r k of the prevention of vessel-source marine pollution. It provides an overview of current international framework. First-the study introduces International Maritime Organization (IM O ) and the Law of the Sea Convention (LO SC ). Second-it analyzes the relation between Conventions adopted under the auspices of the IMO (IMO Conventions) and the LOSC. Third.it discusses major IMO Conventions dealing with prevention of vessel-source pollution. Finally, this paper addresses challenges of the international legal framework.

The Vulnerability Of Subsea Infrastructure To Underwater Attack: Legal Shortcomings And The Way Forward, Laurence Reza Wrathall

San Diego International Law Journal

This Article explores the vulnerability of submarine pipelines and cables to underwater subterfuge beyond territorial waters, particularly with regards to the emerging threat posed by unmanned vehicles in executing such mal intent. Next, it describes the legal status of this critical infrastructure before identifying shortcomings in legal protection from underwater attack. Finally, potential solutions are offered for the way forward.

Developing An Ecological Social Justice Framework For Ocean Energy Technologies: Case Studies From The Phillipines, Jay Batongbacal

PhD Dissertations

Unless subjected to skeptical and conscious scrutiny, environmentally-friendly ocean energy technologies can become Trojan machines of social inequity due to the subtle re-organizing influences of technologies on culture and the society. Environmental laws that promote or regulate ocean energy technologies can act as Trojan legal regimes in the absence of a framework for assessing and anticipating their adverse impacts on social justice. Environmental justice is inadequate for this task, so an alternative framework is proposed: ecological social justice, drawn from the Third Worlds perspective of sustainable development as equitable sharing. Though overshadowed by the prevalent notion of sustainable development as …

Fighting Piracy With Private Security Measures: When Contract Law Should Tell Parties To Walk The Plank, Jennifer S. Martin

American University Law Review

This Article addresses the following question: when should contract law permit parties to discontinue performance under a private security contract aimed to combat piracy? Piracy has been 'on the rise' off Somalia and in East Asia, with serious attacks escalating. Some shipping companies have responded by drafting 'best management practices', hiring security companies to advise on countering the threat and hiring armed or unarmed security protection. After presenting representative factual situations involving pirate attacks, the Article describes the traditional approach to defining the obligations of parties and the performance issues that arise during contractual performance. This approach takes into account …

Physical-Strength Rationales For De Jure Exclusion Of Women From Military Combat Positions, Maia Goodell

Seattle University Law Review

Women have been serving in the military in steadily increasing numbers for decades. Nevertheless, the military remains one of the few areas in which the U.S. government decides what roles are open to women based on de jure exclusions. This Article examines the law governing de jure classification, noting that a mere normative belief about women’s proper place in society is an insufficient basis to justify a sex-based exclusion. It then probes the most common rationale advanced in support of the continued de jure exclusion of women: physical strength. The Article examines four problems with the physical strength rationale: (1) …

International Law Regime Against Piracy, Lawrence Azubuike

Annual Survey of International & Comparative Law

Customary international law prohibited piracy and treated pirates as enemies of human kind. Pirates were considered to have waged war not just against anyone state but all states. As such, pirates were subject to universal jurisdiction by any state. While the prohibition of piracy could, and was easily stated, the contours of the prohibition, including definition of pirates, were not free from controversy. Besides, pirates were not always universally condemned, but instead were sometimes tolerated and employed by states for their own selfish interests. A more important point, though, is that like the infamous slave trade, piracy was believed to …

The Supremacy Of United States (Maritime) Law Revisited, Andrew Brown

Annual Survey of International & Comparative Law

No abstract provided.