Maritime Criminal Law

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In 2014, Will Congress Pass Any Maritime Legislation?

Following its usual summer break over August 2014, Congress came back from its five-week summer recess and spent a whopping eight days or so back in session before recessing once again, approximately a week early, to hit the...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

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

Ship’s Navigator Sentenced To Four Years For Criminal Negligence

A B.C. ship’s navigator has been sentenced to four years after he was convicted of criminal negligence causing death for dereliction of duty leading to his ship colliding with an island....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

The Fortnightly Delightfully Brief, Pithy And Wholly Idiosyncratic Newsletter - March 1, 2012: Vol 1, Ed. 4

In This Issue: - Maritima in the Press - 1% Pirate, 99% Disorder - Writhing Death of The TWIC - Urgings Excerpt from Maritima in the Press Delightfully Brief We observe that maritima is the hot...more

Oil Pollution in Australia - Charterers Now Strictly Liable

New Commonwealth laws have come into effect which extend strict liability for oil pollution to Charterers and increase penalties fortyfold....more

Seafarer Criminalisation Rears Its Ugly Head

The sickening odour of the criminalisation of yet another master is wafting in New Zealand’s vernal breezes. The scenario, depressingly clear, is well writ in the past.The master of Rena will be hanged. It is as summer...more

October 13, 2011 - The Federal Crimes Watch Daily

The Federal Crimes Watch Daily is a daily newspaper that discusses current federal criminal issues written by a federal criminal defense attorney....more

August 16, 2011 - The OFAC SDN Sanctions Legal News

The OFAC SDN Sanctions Legal News discusses current OFAC SDN issues written by a OFAC SDN Removal Lawyer....more

August 11, 2011 - The OFAC SDN Sanctions Legal News

The OFAC SDN Sanctions Legal News discusses current OFAC SDN issues written by a OFAC SDN Removal Lawyer....more

August 10, 2011 - The OFAC SDN Sanctions Legal News

The OFAC SDN Sanctions Legal News discusses current OFAC SDN issues written by a OFAC SDN Removal Lawyer....more

Middle East Newsletter - Issue 4 - Summer 2011

In this issue: New Maritime Law Awaited; Increased Private Sector Involvement in Dubai Water and Electricity Sector; Pro Bono initiative: Women’s Rights and the Convention on the Elimination of All Forms of Discrimination...more

How to suppress piracy with law

TWo untamed elephants are in the room: piracy and liability. Taming liability controls piracy. Here is how. Piracy unites to protect owners in investments; labour in lives; states in trade; and law in civil safety and...more

Do Armed Guards Have a Licence to Kill?

The question arises: “May a guard contracted to an owner kill a pirate?” The short but accurate answer is “of course”. The consequences of the act are not short — it may stop the parade for the killer and those around him....more

Revocation or Denial of a Merchant Mariner Credential Because of a DUI

A Merchant Marine Credential (MMC) is a credential issued by the U.S. Coast Guard combining the elements of the merchant mariner’s document, merchant mariner’s license, and certificate of registry. When determining...more

Driver's License Suspension and BUI

The Department of Motor Vehicles would like greater power to suspend a person's license upon conviction for boating under the influence of drugs or alcohol. The laws against BUI are similar to those criminalizing...more

[TWIC] Identity Card is US Maritime Hobgoblin

The identity card for US transportation workers has been an expensive disaster in technical and civil liberty terms, and has brought no discernible security benefits. The hobgoblin of little minds lies in dull and mindless...more

Towards a Modern Definition of Piracy

Recently I wrote about Judge Raymond Jackson’s opinion on buccaneering. Now Judge Mark S Davis offers a succinct definition of modern piracy. His analysis is well worth reading. The opinion’s objective was to found an...more

Ignoring the Law at Sea is a Dangerous Business

The unresolved tension between a master and a rig manager, between legal and commercial considerations, is often the key to why accidents happen. The tension is obvious. The master's duties are to protect the safety of the...more

Hamrick v. United States, et al, U.S. District Court for DC, Case No. 10-857-JDB, Amended Admiralty/RICO Act Complaint

Admiralty/RICO Act Case for Second Amendment Rights of U.S. Seamen

Second Amendment right to keep and bear arms in intrastate, interstate, and maritime travel from a U.S. merchant seaman's point of view. Case started as a simple judicial review of the U.S. Coast Guard's Final Agency Action...more

Have We Lost SIght of Equal Protection under the Law?

The Prestige oil spill case is a shameful example of a shipmaster being criminalised in a way that would not be inflicted on a shoreside person caught up in the same circumstances.act. Hence, criminalisation is a phenomenon...more

Piracy Charge Did Not Fit the Facts

The dismissal of piracy charges against six Somalis has sparked outrage in some circles,but the judge was simply following the law....more

Masters Must Learn to Navigate the Law

The criminalisation of seafarers brings delay and added cost to a voyage as well as harassment and detention of individuals. But there are ways to reduce risk with training, information and support...more

Foreign Masters Get a Raw Deal in US

Heavy-handed security measures by US Coast Guard boarding officers are unfair and have not improved safety or security....more

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