Marine Link
Tuesday, October 24, 2017

Maritime Law News

MHS Seminar on Indian Maritime Wisdom

Photo: Indian Navy

The Maritime History Society (MHS) under the aegis of the Western Naval Command, is being organised an intellectually stimulating two day seminar on the theme, “Indian Maritime Wisdom” on 05 & 06 October 2017. This seminar is the Thirty- Eighth edition of a long running series that began in 1980 and the inaugural session was held at the INHS Asvini Auditorium, Near RC Church, Colaba in South Mumbai on 05 October 2017. The Chairman of MHS, Vice Admiral Girish Luthra, Flag Officer Commanding-in-Chief…

International Maritime Prize for Mexican Legal Expert

Dr. Eusebio Salgado y Salgado: Photo courtesy of UACJS

The Council of the International Maritime Organization (IMO) informs it decided at its recent meeting to award the International Maritime Prize for 2013 to Dr. José Eusebio Salgado y Salgado, Mexican academic and author of the Manual de Derecho Internacional Marítimo (Manual of International Maritime Law), for his significant contribution to the work and objectives of IMO. In nominating his candidature, the Government of Mexico drew attention to Dr. Salgado y Salgado’s distinguished career as an academic in international maritime law…

Maritime Administration Releases Compilation of Maritime Laws

The Maritime Administrations announced it has released its annual Compilation of Maritime Laws for fiscal year 2007. Each year since 1995, the Maritime Administration has published the laws as an essential reference for its Agency leadership and staff. The compilation is also widely used by the Members of Congress, their staffs and committees, attorneys practicing in the area of Federal Maritime Law and interested members of the general public. The Maritime Administration believes that it is essential that this publication be made available to ensure access to the current state of significant maritime laws, including current statutory amendments.

Iowa Supreme Court Upholds $1.25M Loss of Consortium Verdict

In Horak v. Argosy Gaming Co., 2002 WL 1559095 (Iowa July 17, 2002), Leticia Morales, after an evening of drinking before boarding and while aboard the BELLE of SIOUX CITY, died in a one-car accident, during which her blood alcohol level was more than twice the legal limit. Her three children sued the riverboat casino's owner, Argosy Gaming Company, under the state's dramshop statute, under which comparative fault/apportionment of negligence rules do not apply. In other words, unlike under traditional maritime law comparative fault rules, Morales' own negligence, if any, would not reduce her surviving children's recovery.

Cruise Injury Attorney Recognized

Charles D. Naylor: Photo credit Charles D. Naylor

Charles D. Naylor, a Los Angeles maritime personal injury lawyer, becomes one of only 26 certified specialists in maritime law in California. Mr. Naylor, a Los Angeles cruise injury attorney , is now recognized by the State Bar of California as a Certified Legal Specialist in Admiralty and Maritime Law. To be eligible for certification as a specialist, an attorney must prove that Admiralty and Maritime Law is, and has been, a substantial part of their practice for at least five years and must meet practice area specific continuing education requirements.

Court Rules Punitive Damages Allowed in Unseaworthiness Claims

A recent ruling by the U.S. Fifth Circuit Court of Appeals clears the way for seaman to recover punitive damages in unseaworthiness claims, according to Jones Act attorney Matthew Shaffer. In the facts of the case, McBride v. Estis Well Serv., L.L.C., No. 12 – 30714, a man was killed and three others injured while working on a barge supporting a truck-mounted drilling rig in south Louisiana. The original lawsuit claimed negligence under the Jones Act and unseaworthiness under general maritime law. Shaffer, a Jones Act attorney with the Houston maritime law firm Schechter, McElwee, Shaffer & Harris, said the ruling is significant for injured workers.

Kerry Announces U.S. Assistance for Maritime Capacity in SE Asia

Secretary of State John Kerry (Source: U.S. Department of State).

On December 16, Secretary of State John Kerry announced an initial commitment of $32.5 million in new regional and bilateral assistance to advance maritime capacity building in Southeast Asia. Including this new funding, our planned region-wide funding support for maritime capacity building exceeds $156 million for the next two years. As an example of our commitment to strengthen maritime capacities in Southeast Asia, the United States intends to provide up to $18 million in new assistance to Vietnam to enhance the capacity of coastal patrol units to deploy rapidly for search and rescue…

Attorneys Obtain Top Florida Compensation for Maersk Chief Mate

International maritime lawyers Jason R. Margulies and Michael A. Winkleman, of Lipcon, Margulies, Alsina & Winkleman, P.A. , have secured the top verdict in Florida for admiralty and maritime law in 2012 for the case: William C. Skye v. Maersk Line Limited Corporation, doing business as Maersk Line Limited. The verdict was published in the 'Daily Business Review' a legal and business periodical that ranks and publishes Florida Top Verdicts. Attorneys Margulies and Winkleman secured the successful verdict on May 16, 2012 under the Jones Act for the plaintiff, William Skye, a commercial ship crew member who sustained permanent physical injuries to the heart as a result of the negligent working environment created by his employer, Maersk Line Limited.

When is a Vessel Not a Vessel? Maritime Law Podcast Explains

A.M. Best Co. has released the latest installment of the Insurance Law Podcast , a series that examines timely insurance issues from an attorney’s point of view. This episode features attorney David Skeen of the firm Wright, Constable & Skeen, LLP in Baltimore, Maryland. Mr. Skeen has been practicing admiralty law for 39 years and has been an editor with the publication American Maritime Cases for most of that time. He is a member of the Maritime Law Association of the United States and has written and lectured on various aspects of maritime law. Mr. Skeen discusses the decision of the Supreme Court of the United States in the case of Lozman v. City of Riviera Beach, Florida to hold that a houseboat previously considered a vessel under maritime law was not a vessel.

U.S., Ghana Complete AMLEP 2015

A Ghanaian military member stands by as the Military Sealift Command’s joint high-speed vessel USNS Spearhead (JHSV 1) moors at Sekondi Naval Base, Ghana, after completing Africa Maritime Law Enforcement Partnership operations Feb. 24, 2015. Spearhead is on a scheduled deployment to the U.S. 6th Fleet area of operations in support of the international collaborative capacity-building program Africa Partnership Station. (U.S. Navy photo by Lt. Adam Cole/Released)

U.S. and Ghanaian and maritime forces completed Africa Maritime Law Enforcement Partnership (AMLEP) 2015 operations, Feb. 24, 2015. The Military Sealift Command’s joint high-speed vessel USNS Spearhead (JHSV 1) and an embarked combined law enforcement detachment (LEDET), working in tandem with Ghanaian navy’s Western Naval Command Maritime Operations Center (MOC) and patrol vessels, were able to detect three vessels that were violating Ghanaian maritime law and cite them for follow-on judicial action. The combined Ghana-U.S.

Nelson Named MARAD Chief Counsel

U.S. Transportation Secretary Norman Y. Mineta announced the appointment of Julie Nelson as Chief Counsel for the Department’s Maritime Administration. “Julie brings the right combination of experience to the job,” said Acting Maritime Administrator John Jamian. “Her experience in industry and her credentials in the field of Maritime and Admiralty Law give her a solid understanding of the work we do here,” he said. Nelson joins MARAD from Oceaneering International, Inc., an ocean engineering development group, where she served as General Manager and Maritime/Contracts Attorney. Previously she served as General Counsel and General Manager for Nauticos Corporation of Hanover, MD, also a high-technology ocean engineering firm. Nelson received her B.G.S.

NUS, MPA Conduct Joint Research in Ocean Governance

Pic: Maritime and Port Authority of Singapore

The Centre for International Law (CIL) at the National University of Singapore (NUS) and the Maritime and Port Authority of Singapore (MPA) will be setting up a joint research programme to build up institutional expertise in ocean governance and to spearhead thought leadership in areas critical to bolster Singapore’s global maritime knowledge hub status. CIL received a three-year research grant of S$1.56 million from the Singapore Maritime Institute (SMI) supported by MPA to establish the CIL-MPA Oceans Governance Research Programme.

New Guide for Shipmasters, Int’l Maritime Law

Photo courtesy Morgan Marketing  & Communications

Tara Leiter, an attorney at Blank Rome LLP, collaborated with John A.C. Cartner (United States Coast Guard shipmaster and lawyer) and Richard P. Fiske (retired U.S. naval captain and attorney with John Cartner at Cartner & Fiske LLC) to author the recently released legal treatise The International Law of the Shipmaster. Released in the IMO’s declared Year of the Seafarer, the book is designed to identify and explain the complexity of the legal position faced daily by today’s shipmasters…

Conference Pushes Ratification of MLC, 2006

Panelists say U.S. may be at competitive disadvantage by not adopting “MLC, 2006”. Panelists at a major symposium on an international maritime agreement today said the U.S. may be at a competitive economic disadvantage if it doesn’t approve what more than 30 other shipping nations have adopted. The symposium, hosted by the Seamen’s Church Institute of New York and New Jersey, the Charleston School of Law and its Charleston Maritime Law Institute, focused discussion on the Maritime Labor Convention, 2006, also known as “MLC, 2006.”  The most significant development in seafarers’ rights law in history, it provides a comprehensive statement of seafarers’ working conditions that balance tradition and modern shipping realities.

OPUS 2002 Scheduled For December

Barcelona. resolution, carriage of goods by sea, terrorism and salvage. The forum is divided into four sessions. Each session will end with a debate with participants invited and encouraged to express their opinions and concerns to a panel of experts from across the industry. Mare Forum and supported by the leading maritime law publication, The Maritime Advocate, will feature high profile speakers and a social program set in one of Europe's most exciting cities.

Spain Sticks to Salvage Line

There is no indication that the Spanish legislature is about to ratify the 1989 Salvage Convention, or to authorise the transfer of salvage claims to the civil courts, despite calls for it to do so. Barcelona-based maritime lawyer Ignacio de Ros told delegates to the Fifth International Conference on Maritime Law hosted by the China Maritime Law Association (CMLA) in Shanghai last week that it therefore appears that the existing 1962 law will remain in force for some time. He added that parties to salvage proceedings will remain in the peculiar position of having their private civil claims resolved by an administrative body. result in quick decisions, made by experts. Spain often complain about the system, but may be overlooking the advantages it has to offer.

Exxon Valdez Put to Rest

The most anticipated maritime law decision in recent years has been the decision in June 2008 by the U.S. Supreme Court that reduced the award of punitive damages against Exxon from $2.5 billion to $500 million. After nearly 20 years of litigation against Exxon and the captain of its vessel, the case is finally at an end. For those who practice maritime law or are guided and affected by it, the most obvious ramifications of the Court’s decision are that punitive damages may be awarded against a shipowner…

ASA Committee Chairmanship Passed to John K. Fulweiler

John K. Fulweiler, Esq. assumes Chair of the American Salvage Association's (ASA) Membership Committee. A Proctor-in-Admiralty, John is excited about the opportunity of continuing to support and contribute to the ASA's endeavors. John is the managing member of Fulweiler llc, a maritime law firm practicing in various East Coast jurisdictions in the United States. Formerly a partner in a New York maritime law firm, John K. Fulweiler graduated from the University of Rhode Island with a Marine Affairs degree and the University of Arkansas at Little Rock School of Law. He is a licensed merchant mariner and served as a staff captain with a New England towing and salvage firm prior to law school.

Future Maritime Leaders Practice Policy Planning

Photo: International Maritime Organization (IMO)

Maritime law students in Malta have been introduced to key issues in maritime transport policy making in a seminar at the IMO International Maritime Law Institute (IMLI) in Malta (7-9 February). The event focused on the National Maritime Transport Policy (NMTP) concept, which is being promoted by International Maritime Organization (IMO) as a good governance practice to guide planning, decision making and legislation in the maritime sector. IMO recently embarked on an initiative to provide training to interested IMO Member States in the development…

Workshop Promotes Maritime Security Cooperation in Kenya

Photo: International Maritime Organization (IMO)

Kenyan officials involved in maritime law enforcement are taking part in a workshop and scenario-based simulation exercise in Mombassa, Kenya (31 January – 3 February). The International Maritime Organization (IMO)-led event will enhance inter-agency cooperation in the country and promote a whole of Government approach in dealing with maritime security challenges. The workshop, organized with the Kenya Maritime Authority (KMA), brings together key stakeholders in Kenya to discuss practical…

Vietnam Passes 'Law of the Sea' – China Objects

Vice-Foreign Minister Zhang Zhijun summoned Vietnamese Ambassador to China Nguyen Van Tho recently to lodge a solemn representation to the Vietnamese side concerning the recent passing of a Vietnamese maritime law that extends the country's jurisdiction to islands claimed by China. The Vietnam National Assembly on Thursday passed the "Vietnamese Law of the Sea," which describes China's Xisha Islands and Nansha Islands in the South China Sea as being within Vietnam's sovereignty and jurisdiction. Reaffirming that China has indisputable sovereignty over the Xisha Islands, Nansha Islands and their adjacent waters, Zhang said the law infringes upon China's sovereignty. "China strongly protests and firmly opposes such a move by Vietnam," he said.

Wiswall Receives International Maritime Prize

Dr. Frank Lawrence Wiswall Junior (Photo: IMO)

Maritime lawyer Dr. Frank Lawrence Wiswall Junior, former Chair of the International Maritime Organization (IMO) Legal Committee and Vice President (Honoris Causa) of the Comité Maritime International (CMI), has received the International Maritime Prize for 2015 for his contribution to the work of IMO over many years. Presenting the Prize, during a ceremony at IMO Headquarters on Monday, December 5, IMO Secretary-General Kitack Lim highlighted Dr. Wiswall's dedication and leadership in the field of international maritime law over several decades…

Maritime Transportation Act Signed into Law

The White House issued a Press Release stating, among other things, that President Bush signed into law the Coast Guard and Maritime Transportation Act of 2004 (H.R. 2443). In addition to serving as the annual authorization act for the Coast Guard and the Federal Maritime Commission, this law inserts an exemption for certain passive owners (primarily institutional lenders) into OPA 90, mandates oil spill response plans for non-tank vessels in excess of 400 gross tons, and makes numerous other changes to U.S. maritime law. It is worth your careful read. (HK Law)

Maritime Reporter Magazine Cover Oct 2017 - The Marine Design Annual

Maritime Reporter and Engineering News’ first edition was published in New York City in 1883 and became our flagship publication in 1939. It is the world’s largest audited circulation magazine serving the global maritime industry, delivering more insightful editorial and news to more industry decision makers than any other source.

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