Maritime News

Regal-Beloit Revisited in the Reverse

Train

Yaakov U. Adler | Essay In its landmark 2010 decision in Kawasaki Kisen Kaisha Ltd. v. Regal-Beloit Corp., the United States Supreme Court held that the Carriage of Goods by Sea Act (COGSA or Act), and not the Carmack Amendment (Carmack or Amendment), governed the inland rail segment of an inbound (overseas import) multimodal shipment under a through bill of lading. In the opinion drafted by ... Read More »

PRC Shipbuilding Disputes in London Arbitration: The Threat of Parallel Proceedings in China and the Consequences and Possible Alternatives

Chinese Ship

Peter Murray and Lin Jiang | Essay Much is written about the legal system in China and how on the one hand it is biased in favour of local parties and on the other hand it is no more than a tool of the state. Recent cases in the maritime courts in China may give some support to the first view. This Article will review ... Read More »

The CMI and the Panacea of Uniformity – An Elusive Dream?

Boat Towing (CMI)

Stuart Hetherington | Essay This Article aims to explain the history that led to the formation of the (Comité Maritime International) CMI and to describe the work of the CMI–from which you can draw your own conclusions as to whether it has achieved its founders’ objectives. It will also refer to some of the work in which the CMI is currently engaged, as well as identify areas of possible further ... Read More »

Defending Arctic Drilling Operations Against Environmentalist Pirates

Arctic Oil Rig

James C. Winton and Justin T. Scott | Article This Article addresses the rights of a vessel owner/operator and an oil company engaged in exploration activities in remote Arctic ocean regions to protect its operations against those who would interfere with the vessels being used. It first addresses the scope of duties owed to those who are on board a vessel with the express or implied permission ... Read More »

The “Perils of the Sea”-man Status Question: The Fifth Circuit Falls Behind FELA’s Advancements in Remedies in Favor of the Continued Confusion Surrounding the Seaman Definition

Larry Naquin worked four years for Elevating Boats, L.L.C. (EBI), as a vessel repair supervisor on a fleet of lifeboat vessels, spending 70% of his time inspecting, cleaning, painting, performing engine repairs, and replacing damaged parts. These vessels were usually jacked up, docked, or moored, but two or three days a week, he would do his work while the boats were moving to a different part ... Read More »

The Problem’s in the Proof: How Public Companies Can Prove Compliance with the Jones Act Vessel Citizenship Requirements for Eligibility in U.S. Coastwise Trade

In order to engage in U.S. coastwise trade, a vessel must, among other things, be owned by a U.S. citizen. The Jones Act sets forth the requirements that must be satisfied in order for a person or entity to be deemed a “citizen” of the United States. While the statute deals with several categories of citizens, of particular importance for coastwise trade are corporations. Under ... Read More »

The Safe-Berth Warranty and Its Critics

This Comment defends the safe-berth warranty from its critics and argues that the Fifth Circuit should reverse course and adopt the safe-berth warranty. Part II provides an overview of the safe-berth warranty, unpacking the definition of a safe port and cataloging the defenses and mitigating doctrines that may allow the charterer to escape liability. Part III discusses how courts in England and the United States ... Read More »

Widening Gyre: The Seaman’s Expanding Right to Unearned Wages

Seafarers who become ill or injured during their service of a vessel have long been entitled to maintenance and cure. This ancient remedy, however, does not obligate employers to provide seamen with only maintenance and cure. Ill or injured seafarers are also entitled to unearned wages, which have developed into a fundamental component of the maintenance and cure remedy. Traditionally, a seafarer’s right to unearned ... Read More »

A Court for Icarus: Defining Maritime Tort Jurisdiction in Aircraft Crash Cases

When aircraft crash into navigable waters, a myriad of legal issues arise. Before any can be adjudicated, an admiralty court must first ascertain whether it has jurisdiction. Practitioners should be aware of the procedural and substantive rules inherent in admiralty before choosing where to bring suit. These rules can be quite different from their state or common law counterparts. For example, while the United States ... Read More »

The Potential Application of 18 U.S.C. § 1115 to Offshore Drilling Disasters: A Requiem for the Seaman’s Manslaughter Act?

Section 1115 of United States Code Title 18, colloquially referred to as the Seaman’s Manslaughter Act, provides, “Every captain, engineer, pilot, or other person employed on any steamboat or vessel, by whose misconduct, negligence, or inattention to his duties on such vessel the life of any person is destroyed . . . shall be fined under this title or imprisoned not more than ten years, ... Read More »