Conflict of Laws Maritime

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Shipping Act Antitrust Exemption Held for the First Time to Preempt State Antitrust Laws

For the first time, a federal court has held that the Shipping Act of 1984, 46 U.S.C. §§ 40101–41309 (Shipping Act), preempts state-law antitrust claims. The federal district court in New Jersey applied conflict preemption...more

U.S. Fifth Circuit: The CWA and OPA Preempt State Law Claims for Pollution Incidents on the OCS

Offshore exploration in the Gulf of Mexico implicates maritime law, federal law, and the different laws of five coastal states. The manner in which these different substantive laws interact is often a critical, but unclear,...more

Fifth Circuit Limits Pollution Liability

In a significant decision issued February 24, 2014, the Fifth U.S. Circuit Court of Appeals ruled that federal laws preempt state laws in the case of the 2010 Gulf of Mexico oil spill, because the event occurred in federal...more

If in Doubt, File the Complaint for Limitation of Liability

One of the recurring issues in handling maritime wrongful death and personal injury claims is determining what information is sufficient to start the vessel owner’s six-month deadline to file a complaint seeking...more

Spratlys Idiosyncrasies : Does the Philippines Have What It Takes to Prevail Over China?

This write-up will not dwell on the political and military capability of the Philippines over a rising power such as China, but will provide a sketch of the relative legal merits of the Philippine claims over the Spratlys...more

The 2002 Declaration on the Conduct of Parties in the South China Sea

The 2002 Declaration on the Conduct of Parties in the South China Sea

Cognizant of the need to promote a peaceful, friendly and harmonious environment in the South China Sea between ASEAN and China for the enhancement of peace, stability, economic growth and prosperity in the region; Committed...more

Survey of Int'l laws for Cargos by Sea

Maritime Conventions covering loss and damage to Cargo - a Survey...more

Going In-Depth with the Laws Governing Injured Oil Spill Workers Claims

A detailed analysis of when each set of laws might apply to an injured workers involved in the Transocean’s Deepwater Horizon oil spill clean up....more

Universal Jurisdiction over slave trafficking under the Law of Nations as compared to the Law of the Sea Convention

While the law of nations and the Law of the Sea are in accord regarding the unacceptability of allowing slave trafficking on the high seas, the questions remain: who is capable of enforcing the law of nations and the Law of...more

Forum Shopping and Anti Suit Injunctions

The subject of this paper is “Forum Shopping, Anti-Suit Injunctions and EU law: A Brief Overview (and update)”. It sets out substantially but not wholly an English perspective. The paper is based upon a talk I...more

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