Case before the International Court of Justice: Case NoteIntroductionArticle 36 of the Vienna Convention on Consular Relations states that consular officers shall be free to communicate with nationals of the sending State and to have access to them.[footnoteRef:2] The arrest, trial, and sentencing of Indian national Mr. Kulbhushan Sudhir Jadhav by Pakistan authorities was a violation of the Convention, as judged by the International Court of Justice in Jadhav (India v. Pakistan).[footnoteRef:3] India made three argumentsfirst, that Pakistan failed to inform it without delay of Jadhavs arrest; second, that Jadhav had not been informed of his rights under Article 36 of the Convention; third, that Indias consular officers had been denied access to Jadhav while he was under arrest and therefore had been unable to assist in his legal defense.[footnoteRef:4] Pakistan had accused Jadhav of espionage and had sentenced him to be executed. India not only sought a stay of…...
mlaBibliography
Crowley, M. “Corporate governance—Royal Dutch Shell, terrorism and
reputational risk.” (2009) The Finance Industry 11, 35-47.
Day, L. “Ship Breaking Judgment,” 2021,
Criminal laws in the United States are largely and totally considered as the result of the constitutional authority and legislative bodies that enact them. The American constitution normally provides the basis for the development of legislative agencies that are empowered to criminal and other legislations. For instance, the country's constitution has established the Congress and provides it with the power to make laws. The importance of the Constitution to the substantive criminal law is evident from the fact that it establishes limits on the definitions of crime. In most cases, the criminal laws of specific states and federal governments as well as the definition of crimes and their respective penalties are found in the penal codes of every jurisdiction. The establishment of criminal legislations in the United States has evolved through the years and is based on several fundamental principles.
Creation of Laws in the United States:
Most of the criminal laws…...
mlaReferences:
"History of American Law." (n.d.). Historyoflaw.info. Retrieved March 19, 2012, from http://www.historyoflaw.info/history-of-american-law.html
Kelly, M. (n.d.). Early Development of the United States Court System. Retrieved March 19,
"Lawmaking in the United States." (n.d.). UIC -- University Library. Retrieved from University
e. By salving the ship and cargo) (IMO, 1989). This was to acknowledge the need to treat environmental degradation as a global problem and to encourage sustainable practices on the part of all contractual parties involved international shipping.
Damage to the environment is defined as "substantial physical damage to human health or to marine life" and under the Convention the awarded "compensation consists of the salvor's expenses, plus up to 30% of these expenses if, thanks to the efforts of the salvor, environmental damage has been minimized or prevented (SCOPIC, 2007). The salvor's expenses and financial distress are defined as "out-of-pocket expenses reasonably incurred by the salvor in the salvage operation and a fair rate for equipment and personnel actually and reasonably used" (SCOPIC, 2007). The tribunal or arbitrator between the two parties alleging a breach of contract "may even reward 100% of the agreed upon sum, in light of the…...
mlaWorks Cited
"Chapter 5: Fundamental breach, deviation, quasi-deviation, and rupture of the contract."
July 8, 2009.
http://www.scribd.com/doc/7263242/Fundamental-Breach-Deviation-Deviation-And
"International Convention on Salvage, 1989." International Maritime organization (IMO).
Codification and Liability isk: Napoleonic Code vs. Common Law
In today's modern world, insurance has become an everyday concept. We ensure our homes, vehicles, and valuable property. In many states, vehicle insurance is now demanded by law of its drivers. Yet, very few of us step back and actually question where this notion of insurance actually comes from. It is a strange concept, to pay a premium monthly in order to protect oneself from damages later in the event of a catastrophe. In fact, insurance around the world is not considered the same thing. In fact, codification of insurance in various countries is influenced by different legal systems. While in the United States, insurance is influenced by common law practices, other countries in Europe, the Middle East, and South America use codification principles stemming from the Napoleonic Code.
In most Western countries, like the United States, common law is the foundation for…...
mlaReferences
Cozen. (2001). Insurer, insured and priority in recovery proceeds: Who gets what and when? Cozen O'Connor. Web. http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CDMQFjAB&url=http%3A%2F%2Fwww.cozen.com%2Fadmin%2Ffiles%2Fpublications%2FPriority_in_recovery_proceeds.DOC&ei=coyfUvSILtfhoAS3voDoBQ&usg=AFQjCNHhkK58zNH1PONY8_1DXOksY2Lrqw&sig2=GeTJ6ZZH846RqBuPkcoB_g&bvm=bv.57155469,d.cGU&cad=rja
Schwartz, Ben. (1998). The Code Napoleon and the Common Law World. The Lawbook Exchange.
Stamenkovic, Mark. (2010). Middle East insurance & subrogation overview. Cozen O'Connor. Web. http://www.cozen.com/admin/files/publications/middle%20east_110510.pdf
Tetely, William. (1999). Mixed jurisdictions: Common law vs. civil law (codified and uncodified). Electronic Library of International Commercial Law. Web. http://www.cisg.law.pace.edu/cisg/biblio/tetley.html
Like most litigations on such complicated issues the company had little to do but show reasonable accommodation, adopt better surface practices and wait out a lengthy period before their liability was reduced substantially by the courts.
Ethical analysis:
The key ethical issues of the case are pretty clear, did the captain knowingly endanger the environment by continuing to retain his position and navigate tankers through the area and did the company know that such was the case. Both ethical dilemmas are clear and were ruled upon by many hours of court time and subsequent appeals, though the final Supreme Court ruling on Exxon's liability for the spill was split 4:4 every other deciding body laid full responsibility on Exxon's lap. ("Exxon Valdez Damages educed," June 2008, NP). An additional ethical issue, though much less openly understood or known by the average American is weather it was ethical to pay fishermen large…...
mlaReferences
Feinman, J.M. (2000). Law 101: Everything You Need to Know about the American Legal System. Oxford: Oxford University Press.
Exxon Valdez Damages Reduced," June 2008, Business Law Prof Blog Retrieved November 18, 2008. http://lawprofessors.typepad.com/business_law/2008/06/on-wednesday-th.html
Greely, J. (1989, May 29). Alaska over the Barrels: The Spills and Spoils of Big Oil. The Nation, 248, 721.
Jasanoff, S. (2006) "Transparency in Public Science: Purposes, Reasons, Limits." Law and Contemporary Problems 69.3, 21.
b. Civil -- Civil cases involve disputes between two parties. In these cases the person or entity who files the suit (the plaintiff) claims that the other person or entity (the defendant) has failed to fulfill a legal obligation to the plaintiff. The plaintiff may request the court to require the defendant to either fulfill the obligation or make monetary restitution.
III. Federal Court System
a. Jurisdiction -- The jurisdiction of federal courts is limited to what is provided in the Constitution. Typically, these are cases involving:
i. Cases in which the United States is a party
ii. Cases involving violation of the U.S. Constitution or Federal Laws iii. Cases between citizens of two different states if the amount is greater than $75,000
iv. Bankruptcy, copyright, patent, and maritime law cases.
b. Organization of Federal Court System -- There are three basic levels of the federal court system. These are the United States District Court, the…...
A b) Fire, unless caused by the actual fault or privity of the carrier.
Perils, dangers and accidents of the sea or other navigable waters.
A d) Act of God.
A e) Act of war.
A f) Act of public enemies.
A g) Arrest or restraint of princes, rulers or people, or seizure under legal process.
A h) Quarantine restrictions.
A i) Act or omission of the shipper or owner of the goods, his agent or representative.
A j) Strikes or lockouts or stoppage or restraint of labor from whatever cause, whether partial or general.
A k) Riots and civil commotions.
A l) Saving or attempting to save life or property at sea.
A m) Wastage in bulk of weight or any other loss or damage arising from inherent defect, quality or vice of the goods.
A n) Insufficiency of packing.
A o) Insufficiency or inadequacy of marks.
A p) Latent defects not discoverable by due diligence.
A q) Any other cause arising without the…...
mlaBibliography
Hakan, Karan (2005) the Carrier's Liability Under international Maritime Convention - the Hague, Hague-Visby and Hamburg Rules. Mellen Press. Online available at http://www.mellenpress.com/mellenpress.cfm?bookid=6235&pc=9
Reynolds, Frances (1990) the Hague Rules, the Hague-Visby Rules, and the Hamburg Rules. 7 MLAANZ Journal. Online available at http://www.austlii.edu.au/au/journals/ANZMLJ/1990/2.pdf
Tetley, William QC (2004) Interpretation and Construction of the Hague, Hague-Visby and Hamburg Rules. 2994 10 Jiml 30-70. Online available at http://www.mcgill.ca/files/maritimelaw/rulesinterpretation.pdf
The Hague-Visby Rules - the Hague Rules as Amended by the Brussels Protocol 1968 multilateral Lex Mercatoria www.lexmercatoria.org. Accessed online at http://www.jus.uio.no/lm/sea.carriage.hague.visby.rules.1968/doc.html
What eally Happened to the MS Titanic?Laid down on March 31, 1909 and launched on May 31, 1911, the MS Titanic sank on April 15, 1912 after striking an iceberg in the North Atlantic on its maiden voyage from Southampton, England to the New York City. Lauded as being practically unsinkable by its owners, the British White Star Line, the sinking of the Titanic claimed approximately 1,500 passengers and crew, making it the deadliest maritime disaster in history up until that time. The purpose of this paper is to provide a detailed description of this incident and its multiple causes as well as what lessons were learned and the consequences of this maritime disaster. Finally, an examination of salient social, cultural, or other factors that may have contributed to this disaster is followed by a summary of the research and key findings in the conclusion.1. Description of the incident itself…...
mlaReferences“Extraordinary group of eight telegrams.” 2022. Abe Books. Scott. 2017, July 24. “How the Titanic Changed Maritime Law.” Maritime Accidents. https://www.houstoninjurylawyer.com/titanic-changed-maritime-law/ .Levinson, Martin H. 2012. “A General Semantics Analysis of the Rms Titanic Disaster.” ETC: A Review of General Semantics 69 (2): 143–56.RMS Titanic Facts, 2022 Royal Museums Greenwich https://www.rmg.co.uk/stories/topics/rms-titanic-facts#:~:text=The%20Titanic%20carried%20post,stands%20for%20Royal %20Mail%20Ship.https://www.abebooks.com/paper-collectibles/Extraordinary-group-eight-telegrams-sent-Bruce/30517153685/bd Krist,
At the time, the industry sought to examine both oil pollution in general and ocean dumping as well as land-based sources of ocean pollution. According to ang, "More significant was the rapid technological development in the design of large-sized oil tankers which required constant rule changes. By 1973 it was evident that the 1954 convention provisions were inadequate or outdated, and by then the likelihood of the 1954 convention coming into force was rather doubtful" (334).
The new protocol ultimately entered into force in January 1978. The 1973 version of MARPOL was comprised of 20 articles concerning general obligations under the convention (e.g., prohibition of violation of requirements, rules for ship inspection, enforcement, reporting on incidents involving harmful substances, and most importantly, five technical annexes or regulations on 1) oil pollution; 2) control of noxious liquid substances in bulk; 3) harmful substances carried by sea in package forms or in…...
mlaWorks Cited
Advice on Impact of Reduction in Sulfur Content of Marine Fuels Marketed in the EU." (2002, January 1). European Commission Study C.1/01/2002.
Brewer, Stuart. (2005, March 15). "Marpol Annex VI sets sulphur test." DNV Germany. [Online]. Available: http://www.dnv.de/Publikationen/classification_news/class_news_1_2005/MarpolAnnexVIsetssulphurtest.asp.
Chasek, Pamela S. Earth Negotiations: Analyzing Thirty Years of Environmental Diplomacy. New York: United Nations University Press, 2001.
Consultation Paper regarding the European Commission's proposal for a Directive amending Directive 1999/32/EC as regards the sulphur content of marine fuels. (2003, July). European Parliament.
International Safety Management
ISM Code
ISM safety code
Acting as a mandatory regulation, ISM Code usually lays down standards of shipowner's responsibility for safe management of ships and pollution prevention accepted internationally. The obligation of the shipment owner is to establish, maintain as well as implement a Safety Management System that is to meet the ISM Code's requirements.
The aspects of civil liability's impact is to be focused on the impact on liability of shipowner for cargo loss or damage, in addition to shipowner's legal right to limit his liability for claims. Some of the concepts such as seaworthiness, actual fault and privity, crew's negligence, the role of the designated person and recklessness with knowledge are to be considered. There has already been a change in the conditions in terms of policies that meet the requirement of the ISM Code through Hull and Machinery (H & M) underwrites and protection and Indemnity (P &…...
mlaReferences
Gold, E (1996). 'Lessons in Corporate Responsibility: Learn From Disaster?' The
ISM Code Implementation in Practice- Corporate Risk: BIMCO Shipping Courses
Copenhagen, Denmark). BIMCO. Copenhagen: BIMCO, pg 15-18.
Levy, H (1996). 'The P & I Club -- How do the clubs evaluate the ISM Code'. The ISM Code Implementation in Practice -Corporate Risk: BIMCO Shipping Courses: Copenhagen, Denmark). BIMCO. Copenhagen: BIMCO, 15-18).
The NATUNA SEA sinking incident occurred on October 3, 2000 on the rock-strewn outcrop of Batu Berhanti in Indonesia when it was headed to Jinzhou, China. The grounding of the NATUNA SEA took place approximately 6NM from the tanker’s manager’s office (Ferguson, 2002). This incident had devastating effects because of the oil spill into the sea, which was nearly 3 years after the EVOIKOS oil spill. Since the occurrence of this incident, the shipping industries in Singapore and Indonesia have embarked on several initiatives to prevent future accidents and their subsequent oil spills. These industries have also been keen in ensuring oil pollution from such incidents are avoided or mitigated. However, there is need for more initiatives to be undertaken by the shipping industry in order to prevent and deal with such incidents in an effective manner.
Brief Description of the Ship
NATUNA SEA was a Panamanian tanker that was carrying approximately…...
The Leblanc alkali production processes were especially pernicious, but they followed along the lines of previous industrial processes. In other words, the first British environmental legislation was a response not so much to a qualitative change in industrial processes and their environmental impact but more to a quantitative increase in sources of pollution that had up to that point been (if only barely) tolerable.
Legislation Arising From Public Anger
At the center of the first British environmental legislation was the Leblanc process, an industrial process that produced of soda ash (which is chemically sodium carbonate) that came into use in the first decades of the 19th century. Named after its inventor, Nicolas Leblanc, it replaced an older process in which soda ash had been produced from wood ash. However, as the availability of wood ash declined (because of deforestation, a process that was occuring both in Great Britain and across Europe…...
mlaResources Act (WRA) of 1991. This act "establishes the duties of the Environment Agency (EA) on flood defence and other areas relating to water management and quality."
"The EA has discretionary powers to improve and maintain river conditions. This means that the EA is not obliged to construct or maintain such works. In practice, the EA will only proceed with schemes that are not only beneficial but cost-effective.
"The Act also grants the EA powers to issue flood warnings and regulate what can be discharged into rivers, estuaries, coastal waters, lakes and groundwaters."
Canadian law on flooding is similarly divided between common law and statutory law.
First Nations
Search and Rescue is the search that is done to provide aid to the people who are feeling distressed or any sort of obvious danger. The general field of SAR encompasses many sub-fields that are generally acknowledged by the sort of terrain over which the search has been conducted. The types of terrain include ground search and rescue, which also includes the use of dogs for search and rescue. This is a kind of search and rescue that is done in the urban settings. Other kinds include the mountain rescue, combat search and rescue that is done on the battlefield and finally the air-sea rescue that is done over water. In this paper, particular importance will be given with respect to the last kind of SAR.
In Malta, the responsibility of SAR pertaining to search and rescue comes under the Armed Forces of Malta. This is conducted by the maritime patrol…...
mlaBibliography
Arteaga, Felix (2007). State-of-the-art Operations: The Canary Islands Regional Coordination Centre (Centro de Coordinacion Regional de Canarias -- CCRC).
MaltaMedia News. (January 2008). "Search & Rescue meeting between Libya and Malta."
SAR Seamanship Reference Manual (2000).Minister of Public Works and Government Services.
Search and Rescue Training Centre - Armed Forces of Malta (2004). "Search and Rescue (SAR) in Malta."
Evidence of this can be seen with the company being slow to provide information, on the total amounts of oil that are leaking into the ocean and the various restrictions that they have placed on media coverage. (Lack of Transparency Afflicts Oil Spill Response 2010) This problematic, because when there are restrictions and the company is slow to release information, it appears as if they have something to hide. At which point, the public will become furious with the company, from their perceived unwillingness to cooperate. This could have negative political fallout, as various Congressional Committees and regulators will demand all documents relating to the spill. Once this take place, it sets the stage for an ugly showdown with Congress and the White House. Where, they could seek to force the company to disclose more documents and engage in criminal investigations, as these actions give the appearance that executives…...
mlaBibliography
'Boards of Directors Need to Oversee Corporate Sustainability more Effectively', 2010, PR Newswire, Available from Proquest. [19 June 2010] http://proquest.umi.com/pqdweb?index=0&did=2054701491&SrchMode=2&sid=4&Fmt=3&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1276983049&clientId=45065
'BP Engineer Called Deepwater Horizon Nightmare Well Days Before Blast', 2010, Huffington Post, Available from: [21 June 2010].
'BP Establishes a $20 Billion Claims Fund', 2010, BP, Available from: . [21 June 2010].
'Estimating Cleanup Costs for Oil Spills', 1999, Cutter Information Corporation, Available from: . [19 June 2010].
Devastator
The case is simple. Doug Champlin, a collector an owner of an airplane museum in Arizona, spent $130,000 to recover a sunken Navy BD-1 Devastator off the coast of Florida. The plane had been lost more than 50 years prior to the salvage effort, and as such, Champlin felt that the plane belonged to him. However, the 11th U.S. Circuit Court of Appeals ruled that since Congress had not officially abandoned the plane, that it still belonged to the government, and had to be turned over to the Navy. Champlin felt that if he has to give the plane to the Navy, the least they can do is reimburse him his salvage expenses. This scenario raises a couple of questions.
First, whether or not the government should be subject to the same rules and regulations concerning property as civilians. The answer is no. Special rules must be applied given that…...
mlaReferences
Adams v. Unione Mediterranea di Sicurta. 2000, Aug. 14. Admiralty and Maritime Law Guide. May 26, 2004 http://www.admiraltylawguide.com/circt/5thadams.html .
Bouckaert, Boudewijn. Original Assignment of Private Property. 1999. FindLaw.com May 26, 2004 http://encyclo.findlaw.com/1100book.pdf .
1. The sinking of the Titanic: what were the factors that led to the disaster, and how did the world respond to the tragedy?
2. The legacy of the Titanic: how has the sinking of the Titanic influenced maritime safety regulations and practices?
3. The construction of the Titanic: what technological advancements were incorporated into the ship, and how did they contribute to its reputation as a marvel of engineering?
4. Women on board the Titanic: how did gender roles and expectations play out during the disaster, and what stories of heroism or tragedy emerged from the female passengers and crew members?
5. The....
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