Cash flow is vital for the orderly administration of the carriage of goods. Therefore, a charterer’s failure to pay hire in accordance with the terms of the charterparty is clearly a breach of contract entitling an owner to claim damages and/or suspend the services or even withdraw the vessel. In 2013, there have been a number […]
Recent developments in New Zealand’s maritime law have centered on the RENA disaster of October 5, 2011, and on the current government’s strategy of driving economic growth through exploitation of the country’s marine natural resources. This has resulted in a considerable amount of legislative activity from the New Zealand Parliament, complemented by a small number […]
In 2010, the general rules of the Act on Safety at Sea (Safety at Sea Act), which divide the responsibilities regarding safety at sea between the shipowner, master, etc., were amended. Previously, section 9 of the Safety at Sea Act only placed responsibility on the shipowner for ensuring that faults and defects that the shipowner […]
This Article focuses on the significant decisions that have emanated from Australian courts over the past year. It aims to provide readers with an insight into Australian maritime law and its development over this period.
While a cruise vacation may very well be the best travel value available, consumers should be aware that a cruise line’s duties and liabilities are governed not by modern, consumer-oriented common and statutory law, but by nineteenth-century legal principles, the purpose being to insulate these companies from legitimate passenger claims. … For example, if CLIA […]
This is the thirteenth Article in a series of annual reports on U.S. admiralty and maritime law and practice. In these articles, we try to call attention to the principal national-level developments that bear on the work of admiralty judges, lawyers, and scholars, and we look more closely at the relevant work of the United […]
This Essay will focus on (1) changes to the statutes governing removal of lawsuits by the “Federal Courts Jurisdiction and Venue Clarification Act of 2011” (Clarification Act)and (2) how those changes have been interpreted by courts within the United States Court of Appeals for the Fifth Circuit’s jurisdiction. The Clarification Act makes removal of maritime […]
Twenty-six cruise lines headquartered in North America, which form the Cruise Lines International Association (CLIA), presently sail 225 ships throughout the world. In addition, numerous cargo ships, tankers, and other vessels are operated by companies maintaining their bases of operations in the United States. As a result, it is not uncommon for these vessels periodically to […]
Traditionally, there have been two sources of maritime law: national maritime law and international maritime law. Today, however, there is a third source, namely, European Union (EU) maritime law. EU maritime law is not national maritime law because the EU is not a nation. Nor is it international law because the EU is not simply a network […]
The second issue of Volume 38 of the Tulane Maritime Law Journal is now available in both print and digital format. Purchase yours today!