The Abandoned Boat Problem In Real Time

Since the beginning of the current recession there have been a variety of news reports about the problem of abandoned boats. The Bitter End has been documenting one such case in real time.

Listing
Listing
Sinking
Sinking
Sinking
Sinking
Drifting
Still Drifting

Savannah Harbor Expansion Project

As most know, in 2014 a new set of locks on the Panama Canal will open doubling its capacity. Here is Georgia, the Savannah Harbor Expansion Project is designed to allow the port of Savannah to better handle this increased capacity.

Savannah is currently the 2nd largest container port on the east coast and the 4th largest container port in the nation. Of course such a project is not without controversy. Congressional authorization of the project is dependant on a Tier II Environmental Impact Statement(EIS). A Tier I EIS was completed in the late 1990s and is available online.

The Arctic Sea Highjacking

Was the Arctic Sea taken by pirates? Well it seems that this is one mystery that refuses to go away. According to Konstantin Baranovsky a lawyer for one of the accused pirates, Dmitry Bartenev, the pirate story may have been a cover to protect the Russian government. Mr. Baranovsky said in an interview that his client had been taken aboard the Arctic Sea after having trouble with their own vessel. On board they were treated as guests being given a small cabin and enjoying a makeshift pool with the crew.

So why the pirate story. Speculation has turned to the idea that the Arctic Sea was carrying a air defense system bound for Iran. If so Russia might have felt the piracy story would provide cover to retrieve the vessel.


From the Guardian

What the heck is a shipper?

The Carriage of Goods by Sea Act Section 1309 provides that "Nothing contained in this chapter shall be construed as permitting a common carrier by water to discriminate between competing shippers similarly placed in time and circumstances, either..." The problem comes from the fact that the COGSA doesn't define shipper.

The 9th Circuit faced this problem in the case of APL Co. Pte. Ltd. v. UK Aerosols Ltd. The 9th Circuit concluded the COGSA statutory scheme indicates that a “shipper” is a party separate and distinct from other parties to a bill of lading, including the owners of the goods and those who have a future interest in the goods. The court based its decision on the statutory construction of the COGSA and the policy ideas behind the COGSA, noting that in case law the definition of shipper varied based on context.

edit: It seems Hawaii Ocean Law has also taken noticed of this case.

Shipping industry daunted by massive orderbook

The need to scrap more vessels and cancel as many new building contracts as possible becomes even more urgent as 2009 nears its end. From the Hellenic Shipping News.

Russian Billionaire Installs Anti-Photo Shield on Giant Yacht

According to Wired, Russian billionaire Roman Abramovich has installed an anti-photo laser shield on his new mega yacht. Now to be honest I doubt such a system exists, but if it did exist what liability would there be?

Well it seems obvious that liability would exist under any ship to ship damage, but what about a photographer on shore. Under the US Admiralty Extension Act (1948), Admiralty jurisdiction is extended to damage or injury to a person or property caused by a vessel on navigable water, notwithstanding that the damage or injury is consumated on land.

Is a Ship in Dry Dock Still Subject to Admiralty Jurisdiction

Traditionally, the test for Admiralty jurisdiction in torts revolved around whether or not wrong occured on navigable waters. In Executive Jet Aviation v. City of Cleveland, 409 U.S. 249 (1972), the Supreme Court added another element deciding that the wrong must bear a significant relationship to traditional maritime activity.

So how about that ship in dry dock. While most laymen would say that a dry dock isn't a navigable waterway, the courts have taken a more nuanced view. In Robert W. Parsons, 191 U.S. 17 (1903), the court found that a 'graven dock' remains a navigable waterway, even when the water is removed.

The second test is more clear. To determine if an activity bears a significant relationship to traditional maritime activity, the court looks at two factors. The first assessment examines the accident's potential to disrupt maritime commerce. The second focuses on the general character of the activity and its relationship to traditional maritime activity.

It seems clear that a ship in dry dock can be subject to admiralty jurisdiction depending on the nature of the claim. See Vasquez v. GMD Shipyard Corp. a recent decision by the 2nd Circuit Court of Appeals for more on this subject.

The Return of the Somali pirates

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