Tulane Law Review
  • Main
  • Issues
    • All Volumes
    • Volume 87
      • Issue 1
      • Issue 2
      • Issue 3
      • Issue 4
    • Volume 86
      • Issue 1
      • Issue 2
      • Issue 3
      • Issue 4
      • Issue 5
      • Issue 6
    • Volume 85
      • Issue 1
      • Issue 2
      • Issue 3
      • Issue 4
      • Issue 5&6
    • Volume 84
      • Issue 1
      • Issue 2
      • Issue 3
      • Issue 4
      • Issue 5
      • Issue 6
    • Admiralty Law Institute
      • 2011
      • 2009
      • 2007
      • 2005
      • 2003
      • 2001
      • 1999
      • 1995
      • 1994
      • 1991
      • 1989
      • 1988
      • 1985
      • 1983
  • Events
  • Masthead
  • History
  • Purpose
  • Submissions
  • Order
    • Subscribe
    • Back Issues
  • Contact
Tulane Law Review
RSSTwitterFacebook
All Volumes | Admiralty Law Institute | 1983

Limitation of Liability: A Critical Analysis of United States Law in an International Setting

Donald C. Greenman | Symposium

This article will examine some of the basic characteristics and variations of limitation of a shipowner’s liability contained in international conventions, national laws and the law of the United States. Also, because any semblance of uniformity depends on conflicts of law rules and the effects of multination litigation on limitation, the article will touch on those subjects. The underlying premise is that limitation, in a variety of forms, is a universal concept that, despite criticism, is part of the maritime law and will be for the foreseeable future.

 

 

[Continue Reading...]

Foreign Sovereign Immunity and the Arrest of State-Owned Ships: The Need for an Admiralty Foreign Sovereign Immunity Act

A.N. Yiannopoulos | Symposium

Members of the community of nations have traditionally accorded a variety of immunities to foreign sovereigns, their representatives and instrumentalities, and their property. The roots of these immunities are buried deep in history. After centuries of evolution and institutionalization by public international law and the internal laws of the members of the community of nations, one may speak of a generic idea of sovereign immunity that has various manifestations.

The foundation of foreign sovereign immunity remains a disputed matter. According to one view, the members of the international community are bound by customary public international law to accord immunity to foreign sovereigns because [...]

[Continue Reading...]

Comparative Aspects of Commonwealth and U.S. Law Since the Collision Convention

Joseph C. Smith | Symposium

Unlike parties to a bill of lading or charter party dispute whose contracts enable them to regulate and assess their rights and duties as well as the consequences of a breach, the parties to a collision action are likely to be strangers who neither had an opportunity to set their own standard of conduct nor to select a forum or body of law by negotiation. An owner whose vessel has been involved in a collision therefore may find that his rights and liabilities will vary dramatically depending on the forum in which an action is brought.

An international effort toward [...]

[Continue Reading...]

The 1910 Brussels Convention, the United States Salvage Act of 1912, and Arbitration of Salvage Cases in the United States

Alex L. Parks | Symposium

The article by Sir Barry Sheen admirably sets the scene for a discussion of conventions on salvage by describing the historical background and the changing scene of salvage over the years. With equal clarity Donald O’May has set forth the history and principal features of Lloyd’s Open Form, the revisions to that form effective in 1980, and the principal features of the Montreal Convention held under the auspices of the Comitè Maritime Internationale. The purpose of this article is to describe the genesis of the 1910 Brussels Convention on Salvage and the United States Salvage Act of 1912, and to harmonize the [...]

[Continue Reading...]

Water Pollution Laws: Can They be Cleaned Up?

Sidney A. Wallace; Temple L. Ratcliffe | Symposium

The purpose of this article is twofold. First, the article will survey the existing laws of the United States as they pertain to oil pollution liability and compensation, and payment for cleanup costs. Second, the article will examine the efforts underway, domestically and internationally, that are intended to increase uniformity in the law pertaining to these aspects of oil pollution. This article is not intended to be an exhaustive analysis of the existing federal and state laws providing remedies for pollution damage, as these have previously been examined in detail by others.1 Rather, it is intended to show that the [...]

[Continue Reading...]

Lloyd’s Form and the Montreal Convention

Donald R. O'May | Symposium

For more than seventy years the 1910 Brussels Convention on Salvage has withstood the test of time. It had bestowed upon it that rare accolade for international conventions, ratification by the United States of America. It might well have gone on to complete its century, had not the steering failed on the Amoco Cadiz in March 1978, whose subsequent grounding and oil pollution made front-page news throughout the world and brought the subject of salvage into sharp focus.

The pressure for change in the law of salvage, and the search for solutions to contemporary problems, has evidenced itself in two [...]

[Continue Reading...]

Uniformity in Maritime Law: The Domestic Impact of International Maritime Regulation

F.L. Wiswall, Jr. | Symposium

With as much detachment as he can muster, this writer believes that a new day is dawning for American Proctors. On that day they will cite international conventional and regulatory maritime law as frequently as the domestic substantive maritime law, and courts of admiralty will as frequently decide cases upon that basis. If this prediction sounds farfetched, then recall that statutory maritime law is a comparative novelty. Until some six-score years ago, the general maritime law—which still forms the real substance of our admiralty jurisprudence—was based upon customary international law rather than domestic statute or common law. The greatest of [...]

[Continue Reading...]

Conventions on Salvage

Barry Sheen | Symposium

By the year 1978, there had been a substantial number of casualties involving large tankers carrying crude oil. Those casualties occurred in many different parts of the world. They raised many legal problems. But more immediately and, perhaps, more importantly, they raised suddenly and without warning many novel practical problems for professional salvors, who were called upon to use their ingenuity to solve those problems. Salvage masters spend their working lives encountering new problems because no two maritime disasters are identical. Salvage masters would not be successful without the knack or aptitude for adaptation. But it was not ingenuity alone [...]

[Continue Reading...]

An Historical Overview of the Development of Uniformity in International Maritime Law

Gordon W. Paulsen | Symposium

In recent years there have been many efforts at obtaining uniformity of laws in various jurisdictions: the various restatements of law, international conventions, and, where all else fails, bilateral treaties on specific aspects of law such as recognition of judgments. It has long been this writer’s theory that such attempts at uniformity became necessary because the rise of nationalism over the centuries destroyed the uniformity of maritime law, which had been established by commercial traders from time immemorial. This paper presents the historical thesis that uniform maritime law:

1. existed in ancient times;

2. developed and grew with the spread [...]

[Continue Reading...]

The Work of the Comite Maritime International: Past, Present, and Future

Francesco Berlingieri | Symposium
[Continue Reading...]
  • ← Previous Entries
  • Directory

    • Admiralty Law Institute
      • 2011
      • 2009
      • 2007
      • 2005
      • 2003
      • 2001
      • 1999
      • 1995
      • 1994
      • 1991
      • 1989
      • 1988
      • 1985
      • 1983

Contact

Tulane Law Review
Tulane University Law School
6329 Freret Street
New Orleans, Louisiana 70118-6231
Telephone: (504) 865-5973 or (504) 865-5974
Facsimile: (504) 862-8858
E-mail: lawjournals@tulane.edu

Return to the Tulane website.

© 2012 Tulane Law Review

Search

Topics

Administrative Law Admiralty Jurisdiction Admiralty Law Antiassignment Clauses Antitrust Law Arbitration Child Custody Choice of Law Civil Law Civil Procedure Community Property Comparative Law Constitutional Law Contract Law Corporate Law Criminal Law Deepwater Horizon Oil Spill Employment Law Environmental Law Family Law Federalism and Preemption Federal Preemption of State Law Fourth Amendment Health Care Law Intellectual Property Intercollegiate Athletics International Law Judicial Review Law and Economics Local Government Localism Louisiana's Wetlands Louisiana Noncompete Agreements Louisiana Unfair Trade Practices Act Mixed Jurisdictions Municipal Government Piracy Preemption of State Tort Law Property Law Right to Counsel Roman Law Software Transactions Sports Law Tax Law Tort Law