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All Volumes | Admiralty Law Institute | 1989

Federal, State, and International Regulation of Marine Terminal Operators in the United States

JoAnne Zawitoski | Symposium

The purpose of this Article is to outline those key federal, state, and international regulations that expressly mention or materially affect marine terminal operators in the United States. There are four major areas in which these regulations fall. Part II of this Article will discuss the federal regulation of marine terminal agreements and tariffs. Part III will outline a marine terminal operator’s liability for cargo damage under federal, state, and international law. Part IV will address the environmental regulation of marine terminal operators on the federal, state, and international levels, and Part V will discuss those state and federal regulations [...]

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Terminal Workers’ Injury and Death Claims

Joseph D. Cheavens | Symposium

When a maritime worker is injured or killed, his legal rights and the obligations of those who may have caused the injury or death are determined by an analytical process that first defines the worker’s particular employment function, and then determines which body of law governs the rights and obligations between the worker and the employer. This determination dictates both the rights of the worker against third parties and the employer’s rights and obligations vis-a-vis third parties. Essentially, the maritime worker is placed into one of three categories: (1) a vessel crew member (loosely called a seaman), whose rights against [...]

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Terminal Operations and Multimodal Carriage: History and Prognosis

Richard W. Palmer; Frank P. DeGiulio | Symposium

The purpose of this Article is to provide an overview of the historical development of multimodalism, including an examination of the regulatory and legal structure under which it has evolved and of its impact on terminal operations and traditional patterns of carge routing. It is hoped that this Article will furnish a useful introduction to the analysis of other writers in this symposium who will consider specific current legal and operational problems.

 

 

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United States Statutory Regulation of Multimodalism

Jack G. Knebel; Denise Savoie Blocker | Symposium

Though the result of multimodalism is transportation efficiency, regulatory and legal confusion are its by-products. For example, who, if anyone, decides what constitutes a fair charge for this intermodal transportation? To whom does the shipper turn if the cargo is damaged? What are the limits on the carriers’ liabilities? When must parties file claims and suits?

These and related questions are the subject of this Article. First, we shall discuss the statutes and regulations currently governing multimodal transportation in the United States. Next, we shall address the confusion that results from these overlapping regimes. Finally, we shall suggest ways of [...]

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Liabilities of Multimodal Operators and Parties Other than Carriers and Shippers

Thomas R. Denniston; Carter T. Gunn; Alfred E. Yudes, Jr. |

This Article focuses on one aspect of these issues: the frustrating problems posed by conflicting laws and regulations for certain shoreside participants in the multimodal transportation process. With the trend toward multimodal transportation showing no signs of abatement, it is likely that the problems discussed will arise with increasing frequency. Therefore, these problems must be addressed and rectified.

 

 

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The European Legal Experience with Multimodalism

Rolf Herber | Symposium
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Apportionment of Risk in Vessel and Marine Terminal Contracts

Jonathan Rodriguez-Atkatz | Symposium

Besides memorializing an agreement to perform certain tasks, an important function of vessel contracts and marine terminal contracts is to apportion the risks attendant to performance between the contracting parties. This Article addresses the issue of how and to what extent risks may be allocated in vessel and marine terminal contracts. An understanding of the ways in which the applicable statutes and case law permit or forbid the parties to allocate the risks, for example, of loss or damage to cargo, of unseaworthiness of the vessel, or of injury to a crewmember, is essential to the effective drafting and negotiation [...]

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Multimodalism and the American Carrier

William J. Coffey | Symposium
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Legal Relationships: Terminal Owners, Operators, and Users

Chester D. Hooper | Symposium

This Article will search for methods to minimize the differences in the liability standards between the terminal in its various roles and other participants in the transportation industry. If the entire multimodal system is to operate under one set of laws, the terminal’s liability standard should not change with the particular role it is performing at any given moment; rather, it should be as close as possible to the standards of other participants in the contract of carriage. All parties to the multimodal system should be entitled to contract to carry cargo under one contract governed by one set of [...]

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