Admiralty and Maritime Law Articles Published in Non-Maritime Law Journals (2007)
Kumar Percy Jayasuriya
Georgetown University Law Center
University of Texas at Austin - School of Law
July 7, 2008
Journal of Maritime Law and Commerce, Vol. 39, No. 2, 2008
This collection of maritime legal scholarship includes articles published outside of the four U.S. maritime law journals. Although a few have listed publication dates of 2006 or 2008, all were published during the 2007 calendar year. Highlights of this year's scholarship include discussions of limitation of liability, piracy, ocean management, jurisdiction, fisheries regulation, marine environmental regulation, ship-discharge, and pilotage. One significant theme was the increasing impact of the United Nations Convention on the Law of the Sea, and the effect of the ongoing refusal by the U.S. to ratify that convention. A continuing theme is piracy and terrorism, both at sea and at ports. Another is the limitation of liability for common carriers, especially for land carriers in transport governed by multimodal bills of lading. A few authors discussed how to define navigable waters, especially in light of the recent Supreme Court case about wetlands, Rapanos v. United States. Some articles cover initiatives to create international or regional groups to manage fisheries and control overfishing. Other articles review ocean management policies as reported by the Pew Oceans Commission and the U.S. Commission on Ocean Policy. Still others examine how to manage marine environmental issues, especially the effects of climate change. Several articles examine issues regarding cruise ships, focusing on limitation of liability issues, choice of law, and the duty to protect the safety of passengers. Several authors analyzed the recent by the Supreme Court: of the United States in Northern Insurance Co. v. Chatham County, in which the Court held that federal common law does not afford sovereign immunity to a county that does not qualify for such immunity pursuant to the Eleventh Amendment to the Constitution.
Keywords: admiralty, maritime, marine, environmental, piracy, limitation, immunity, ocean, spill, discharge, piracy, cruise, passengers, carriage, COGSA, eleventh, sovereign, Carmack
JEL Classification: K12, K32, K41, L92Accepted Paper Series
Date posted: July 7, 2008
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