International Trade Maritime

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Federal Appellate Court Stays Initial Date for Meeting New Ballast Water Discharge Limits – But Only for Canadian Shipowners...

On April 9, 2014, the United States Court of Appeals for the Second Circuit granted a stay of the January 1, 2014 deadline for installation of ballast water treatment technology required by the U.S. Environmental Protection...more

New Insurance Law in Chile

Chile’s new insurance law came in to force on 1 December 2013. The new rules amend the Chilean Code of Commerce, including rules deriving from the 1865 Civil Code. We have summarised some of the features of the new law....more

Remember the (M/V) Alamo!: Mexican Reform Invites Maritime Reinforcements

In a moment as pivotal as the Battle of San Jacinto, groundbreaking reform in Mexico may bring a Lone Star-sized opportunity to the American maritime industry. On December 20, 2013, Mexican President Enrique Pena Nieto signed...more

Designated Entity Clauses — No Substitute For Knowing Who You Are Dealing With

With increasing frequency, parties to charters and other maritime contracts are including so-called Designated Entity Clauses or “OFAC” provisions. These clauses have the aim of complying with sanction programs such those...more

The Future of Offshore Oil Drilling in Mexico

Despite the Deepwater Horizon oil spill and natural gas fracking boom three years ago, experts expect offshore oil drilling in the Gulf of Mexico to produce huge amounts of oil. Big finds, which are known as “elephant fields”...more

Port of Baltimore Receives Investments for Expansion to Compete Globally

Over the past three to four years the Port of Baltimore has made significant investments in upgrading its cargo handling infrastructure to accommodate what officials hope will be a corresponding increase in cargo volume...more

Captain Phillips' Crew Lawsuit Has No Merit [Video]

Noted Admiralty Attorney and Author, Dr. Capt. John A.C. Cartner was interviewed by Maritime TV in response to recent press accounts of a lawsuit claim filed by several former crew members of the Maersk Alabama related to...more

Engineering, Morality and the Next One Hundred Years

Delivered as an Invited Speech to The National [U.S.A.] Academy of Engineering, (Section 12) Annual Meeting 7 October 2013 ...more

Contracting with the Ghanaian government or government entities – some guidance for the international community from the Supreme...

Introduction - In its recent decision in the case of Felix Klomega v The Attorney General and others, the Supreme Court in Ghana has provided much needed guidance to the international community when looking to contract...more

CORRUPTION WILL MAKE SUPPRESSING PIRATES VERY DIFFICULT IN WEST AFRICA

The elephant in the room in West Africa, so to speak, and the suppression of piracy is corruption....more

Unrest in Egypt – issues faced by shipowners

Current status in Egypt - The overthrow of President Mohammed Morsi by the Egyptian military has resulted in violent scenes, civil unrest and hundreds of deaths across Egypt. Many in the maritime world are watching...more

Foreign NVOCCs Must Renew Registration with FMC by October 17

The Federal Maritime Commission issued a new rule earlier this year that, effective July 19, registered, foreign-based NVOCCs may take advantage of Negotiated Rate Arrangements (NRAs), in lieu of published rates in their...more

Ten Points to Rationalize and Restart the United States Maritime Industry

Piecemeal and stopgap measures added to existing and increasingly cumbersome and antiquated laws are not working to foster strong US merchant marine foreign trade fleets and domestic fleets which are essential to the...more

Fending Off Pirates: Depending On West African States To Help Won't Count For Much

The western African states have said clearly they do not have the naval, coast guard or customs resources to deal with the piracy evident in the Gulf of Guinea. Further, they do not say, but it is clear, they do not have...more

2013 AAPA Port Administration and Legal Issues Seminar - Update on the Rotterdam Rules

In This Presentation: Update on the Rotterdam Rules. Excerpt from Update on the Rotterdam Rules - What is it? ..The Rotterdam Rules is a new draft multilateral Convention to update the liability...more

New York Appeals Court Issues Important Rule B And Maritime Corporate Veil-Piercing Decision; Lenient U.S. Maritime Law...

For the past sixty years, and until January 11, 2013, U.S. federal courts routinely have applied the comparatively expansive (and potentially creditor-friendly) "maritime law of veil piercing" when examining veil-piercing...more

EU Proposes Further Measures Towards Reducing Greenhouse Gas Emissions from Ships

As a first step towards reducing the marine transport industry’s greenhouse gas emissions, on 28 June 2013 the European Commission (the “Commission”) tabled a draft Regulation to introduce a system of monitoring and...more

Geoffrey Scimone v. Carnival Corporation

Order Affirming Denial of Defendant's Motion for Removal

On July 1, 2013 the U.S. Court of Appeals for the 11th Circuit held that plaintiffs in separate lawsuits could not be joined together for purposes of complying with the Class Action Fairness Act (CAFA).The Court rejected...more

FMC Publishes Proposed OTI Rules, Seeks Public Comment

On May 31, 2013, the Federal Maritime Commission (FMC) published an Advance Notice of Proposed Rule regarding Ocean Transportation Intermediaries (OTI) in the Federal Register (78 Fed. Reg. 32,946 (Federal Maritime Commission...more

FMC Approves Proposed Rewrite of OTI Regulations

Today, the U.S. Federal Maritime Commission (FMC) voted 3-2 to move forward with reforming the Ocean Transportation Intermediaries (OTI) rules, regulating U.S.- and foreign-based non-vessel-operating common carriers (NVOCC)...more

U.S. Coast Guard and Bureau of Safety and Environmental Enforcement Sign Agreement on Offshore Oversight

On May 9, 2013, the U.S. Coast Guard and the Bureau of Safety and Environmental Enforcement (BSEE) announced that they had entered into a Memorandum of Agreement (MOA) concerning offshore safety and environmental regulations....more

REGULATORY: Mining and Natural Resources Regulatory; Maritime Deep Seabed Mining: The Next Wave -- U.S. Seabed Mining Regulatory...

Part I of this article appeared in the December 2012 Energy Newsletter and provided an introduction to the three principal types of seabed ore deposits, a history of exploration efforts, and an overview of the 1982 United...more

Cuba Practice Update - April 11, 2013

Cuba Details Rules for Special Economic Zone - The Cuban government last week released details of customs reforms for a long-planned free trade industrial manufacturing and maritime shipping facility in the Mariel...more

Marine Transportation and Anti-Money Laundering

My recent article on the marine transportation industry and the Foreign Corrupt Practices Act (FCPA) generated some discussion ranging wider than simply the port agent issue regarding interaction with foreign government...more

Through a Glass Darkly: A U Optronics and the Extraterritorial Application of the Sherman Act

Can price-fixing abroad be prosecuted criminally under the U.S. Sherman Act? The antitrust bar might well raise an eyebrow at the question. Since international cartels became a focus of the Department of Justice’s Antitrust...more

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