The Abandoned Shipwreck Act - Can Preservationists, Salvors, and Divers Sail in Calmer Waters?
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Marine Salvage and the Environment: New Zealand and the 1989 Salvage Convention
Marine Salvage and the Environment: New Zealand and the 1989 Salvage Convention Danielle Aberdein .<; : 4 I INTRODUCTION :.' :;.' . A,...,.., The law of salvage has formed a central part of the wider maritime law relating to marine perils and safety at sea since early times. In recent years, however, salvage law has undergone some significant changes. With the development of large tankers and the shipment of potentially hazardous cargoes the threat to the marine environment has increased. Traditional notions of salvage law -most notably the principle of 'no cure -no pay' 1 - are not able to take account of these environmental concerns satisfacto- rily. The NCNP principle means that a salvor is not entitled to an award for salvage assistance rendered if that assistance does not result in the actual recovery of some property, such as ship or cargo. Under this principle, a salvor who is successful in averting substantial environmentaldamage will not be rewarded for her efforts if she does not successfully salve any property. The 1989 salvage convention2attempts to address this issue, and in doing so makes a number of revolutionary changes to the law of salvage, It is the purpose of this paper to examine: first, the problems raised by the interaction of salvage principles and environmentalconcerns; secondly, the practical effect of some of the central provisions of the Convention; and 1 Hereafter referred to as WCNF. 2 Herder referred to as 'the Convention".For the text of the Convention, st?e M, J* J. Gaskell, 'The 1989 dialvage Convention ansl the Lloydes $pen Foam @OQ %lvae Apement 1990' (1991) 16 Sitlane h&r LJ 77-90. -
Guide for Prospective Agricultural Cooperative Exporters Alan D
Abstract Guide for Prospective Agricultural Cooperative Exporters Alan D. Borst Agricultural Cooperative Service U.S. Department of Agriculture This report describes the different aspects of exporting that a U.S. agricul- tural cooperative must consider to develop a successful export program. t First, the steps involved in making the decision to export are covered. Then, information on various sources of assistance is given, along with , information on how to contact them. Next, features of export marketing strategy-the export plan, sales outlets, market research, product prepara- tion, promotion, and government export incentives-are discussed. Components of making the sale-the terms of sale, pricing, export finance, and regulatory concerns-are also included. Finally, postsale activities-documentation, packing, transportation, risk management, and buyer relations-are described. Keywords: cooperatives, agricultural exports. ACS Research Report 93 September 1990 Preface This report is solely a guide-not a complete manual or blueprint of oper- ations-for any individual cooperative wishing to export. Its objectives are to (1) help co-op management, personnel, and members with little or no experience in exporting to gain a better understanding of the export process, and (2) provide a basic reference tool for both experienced and novice exporters. As a guide, this report is not intended for use in resolving misunderstand- ings or disputes that might arise between parties involved in a particular export transaction. Nor does the mention of a private firm or product con- stitute endorsement by USDA. The author acknowledges the contribution of Donald E. Hirsch.’ ‘Donald E. Hirsch, Export Marketing Guide for Cooperatives, U.S. -
Navy Diver Navy Diver
“We Dive the World Over” NAVY DIVER NAVY DIVER No matter how extreme the conditions or the task QUALIFICATIONS Both males and females are eligible to become Navy Divers. at hand, Navy Divers will be there to play a vital role. To qualify for Diver training, you must: Taking calculated risks when no one else will. Using • Meet specific eyesight requirements: 20/200 bilateral correctable to 20/25 with no color blindness willpower and thorough mental and physical training • Meet the minimum Armed Services Vocational Aptitude Battery to excel in any situation. All for the purpose of a (ASVAB) score: AR+VE=103, MC=51 or GS+MC+EI=165 • Be age 30 or younger greater goal: to make the world a better, safer place. • Be a U.S. citizen Navy Divers are members of the Naval Special Operations (NSO) community, comprising men PHYSICAL SCREENING TEST REQUIREMENTS and women who take on the most impossible missions and the most elusive objectives. To qualify for the Navy Diver program, you must complete the following minimum Physical Screening Test Requirements: JOB DESCRIPTION • Swim 500 yards using side- or breaststroke within 14 minutes Their accomplishments are epic. Their expertise is unrivaled. No other force is more intensely • Rest 10 minutes trained to succeed in the perilous world of underwater adventure. Each assignment they take on • 42 push-ups within 2 minutes is crucial and backed by a steadfast dedication to teamwork. • Rest 2 minutes • 50 sit-ups within 2 minutes As a Navy Diver, you will be part of an extraordinary brotherhood. You will journey anywhere • Rest 2 minutes from the ocean depths to frigid arctic waters. -
State Antiquity Laws and Admiralty Salvage: Protecting Our Cultural Resources
University of Miami Law Review Volume 32 Number 2 Article 4 3-1-1978 State Antiquity Laws and Admiralty Salvage: Protecting Our Cultural Resources Adam Lawrence Follow this and additional works at: https://repository.law.miami.edu/umlr Recommended Citation Adam Lawrence, State Antiquity Laws and Admiralty Salvage: Protecting Our Cultural Resources, 32 U. Miami L. Rev. 291 (1978) Available at: https://repository.law.miami.edu/umlr/vol32/iss2/4 This Leading Article is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. STATE ANTIQUITY LAWS AND ADMIRALTY SALVAGE: PROTECTING OUR CULTURAL RESOURCES ADAM LAWRENCE* In this article the author analyzes the constitutional power of the states to vest title to sunken artifacts in themselves. The legal nature of sunken property and the conflicting state and federal claims to which it is subject are examined through an historicalpresentation of the statutory and common law pertain- ing to sunken property. The author suggests how the possible conflicts between federal maritime and state jurisdiction can be resolved, both within the framework of the present law, and by enacting new legislation on the state and federal levels. I. IN TRODUCTION .................................................. 291 II. THE LEGAL NATURE OF SUNKEN PROPERTY ........................... 292 A. Abandonment and Dereliction in Admiralty ................. 292 B. Sunken Property and Federal Salvage Law ................... 296 C. The Salvor and the State .................................. -
1Judge John Holland and the Vice- Admiralty Court of the Cape of Good Hope, 1797-1803: Some Introductory and Biographical Notes (Part 1)
1JUDGE JOHN HOLLAND AND THE VICE- ADMIRALTY COURT OF THE CAPE OF GOOD HOPE, 1797-1803: SOME INTRODUCTORY AND BIOGRAPHICAL NOTES (PART 1) JP van Niekerk* ABSTRACT A British Vice-Admiralty Court operated at the Cape of Good Hope from 1797 until 1803. It determined both Prize causes and (a few) Instance causes. This Court, headed by a single judge, should be distinguished from the ad hoc Piracy Court, comprised of seven members of which the Admiralty judge was one, which sat twice during this period, and also from the occasional naval courts martial which were called at the Cape. The Vice-Admiralty Court’s judge, John Holland, and its main officials and practitioners were sent out from Britain. Key words: Vice-Admiralty Court; Cape of Good Hope; First British Occupation of the Cape; jurisdiction; Piracy Court; naval courts martial; Judge John Holland; other officials, practitioners and support staff of the Vice-Admiralty Court * Professor, Department of Mercantile Law, School of Law, University of South Africa. Fundamina DOI: 10.17159/2411-7870/2017/v23n2a8 Volume 23 | Number 2 | 2017 Print ISSN 1021-545X/ Online ISSN 2411-7870 pp 176-210 176 JUDGE JOHN HOLLAND AND THE VICE-ADMIRALTY COURT OF THE CAPE OF GOOD HOPE 1 Introduction When the 988 ton, triple-decker HCS Belvedere, under the command of Captain Charles Christie,1 arrived at the Cape on Saturday 3 February 1798 on her fifth voyage to the East, she had on board a man whose arrival was eagerly anticipated locally in both naval and legal circles. He was the first British judicial appointment to the recently acquired settlement and was to serve as judge of the newly created Vice-Admiralty Court of the Cape of Good Hope. -
Stevedoring Level 1
LEARNERS GUIDE Transport and Logistics - Stevedoring Level 1 Commonwealth of Learning (COL) Virtual University for Small States of the Commonwealth (VUSSC) Copyright The content contained in this course’s guide is available under the Creative Commons Attribution Share-Alike License. You are free to: Share – copy, distribute and transmit the work Remix – adapt the work. Under the following conditions: Attribution – You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work). Share Alike – If you alter, transform, or build upon this work, you may distribute the resulting work only under the same, similar or a compatible license. For any reuse or distribution, you must make clear to others the license terms of this work. The best way to do this is with a link to this web page. Any of the above conditions can be waived if you get permission from the copyright holder. Nothing in this license impairs or restricts the author’s moral rights. http://creativecommons.org/licenses/by-sa/3.0/ Commonwealth of Learning (COL) December 2009 The Commonwealth of Learning 1055 West Hastings St., Suite 1200 Vancouver BC, V6E 2E9 Canada Fax: +1 604 775-8210 E-mail: [email protected] Website: www. www.col.org/vussc Acknowledgements The VUSSC Team wishes to thank those below for their contribution to this Transport and Logistics / Stevedoring - Level 1 learners’ guide. Alexandre Alix Bastienne Seychelles, Africa Fritz H. Pinnock Jamaica, Caribbean Mohamed Liraar Maldives, Asia Ibrahim Ajugunna Jamaica, Caribbean Maxime James Antigua and Barbuda, Caribbean Griffin Royston St Kitts and Nevis, Caribbean Vilimi Vakautapola Vi Tonga, Pacific Neville Asser Mbai Namibia, Africa Kennedy Glenn Lightbourne Bahamas, Caribbean Glenward A. -
JNCC Coastal Directories Project Team
Coasts and seas of the United Kingdom Region 11 The Western Approaches: Falmouth Bay to Kenfig edited by J.H. Barne, C.F. Robson, S.S. Kaznowska, J.P. Doody, N.C. Davidson & A.L. Buck Joint Nature Conservation Committee Monkstone House, City Road Peterborough PE1 1JY UK ©JNCC 1996 This volume has been produced by the Coastal Directories Project of the JNCC on behalf of the project Steering Group and supported by WWF-UK. JNCC Coastal Directories Project Team Project directors Dr J.P. Doody, Dr N.C. Davidson Project management and co-ordination J.H. Barne, C.F. Robson Editing and publication S.S. Kaznowska, J.C. Brooksbank, A.L. Buck Administration & editorial assistance C.A. Smith, R. Keddie, J. Plaza, S. Palasiuk, N.M. Stevenson The project receives guidance from a Steering Group which has more than 200 members. More detailed information and advice came from the members of the Core Steering Group, which is composed as follows: Dr J.M. Baxter Scottish Natural Heritage R.J. Bleakley Department of the Environment, Northern Ireland R. Bradley The Association of Sea Fisheries Committees of England and Wales Dr J.P. Doody Joint Nature Conservation Committee B. Empson Environment Agency Dr K. Hiscock Joint Nature Conservation Committee C. Gilbert Kent County Council & National Coasts and Estuaries Advisory Group Prof. S.J. Lockwood MAFF Directorate of Fisheries Research C.R. Macduff-Duncan Esso UK (on behalf of the UK Offshore Operators Association) Dr D.J. Murison Scottish Office Agriculture, Environment & Fisheries Department Dr H.J. Prosser Welsh Office Dr J.S. -
The Abandoned Shipwreck Act of 1987 in the New Millennium: Incentives to High Tech Privacy? Russell G
Ocean and Coastal Law Journal Volume 8 | Number 2 Article 2 2002 The Abandoned Shipwreck Act Of 1987 In The New Millennium: Incentives To High Tech Privacy? Russell G. Murphy Follow this and additional works at: http://digitalcommons.mainelaw.maine.edu/oclj Recommended Citation Russell G. Murphy, The Abandoned Shipwreck Act Of 1987 In The New Millennium: Incentives To High Tech Privacy?, 8 Ocean & Coastal L.J. (2002). Available at: http://digitalcommons.mainelaw.maine.edu/oclj/vol8/iss2/2 This Article is brought to you for free and open access by the Journals at University of Maine School of Law Digital Commons. It has been accepted for inclusion in Ocean and Coastal Law Journal by an authorized administrator of University of Maine School of Law Digital Commons. For more information, please contact [email protected]. THE ABANDONED SHIPWRECK ACT OF 1987 IN THE NEW MILLENNIUM: INCENTIVES TO HIGH TECH PIRACY? Russell G Murphy* I. INTRODUCTION An estimated fifty thousand shipwrecks lie in the territorial waters of the United States.' Five to ten percent of these wrecks are believed to have historical significance.2 An extraordinarily high percentage of these wreck sites are located within state boundaries.3 The Abandoned Shipwreck Act4 of 1987 (hereinafter ASA) controls the search for and exploration of these historic wrecks and sets the legal and practical parameters for contempo- rary "treasure hunting" in the United States.5 Recent decisions6 interpret- * Professor of Law, Suffolk University Law School. B.A. 1966, University of Massachusetts at Amherst; J.D. 1973, Suffolk University Law School. The Author wishes to thank Suffolk University Law School Dean Robert Smith for his sustained support of this project. -
Shipwreck Surveys of the 2018 Field Season
Storms and Strandings, Collisions and Cold: Shipwreck Surveys of the 2018 Field Season Included: Thomas Friant, Selah Chamberlain, Montgomery, Grace Patterson, Advance, I.A. Johnson State Archaeology and Maritime Preservation Technical Report Series #19-001 Tamara L. Thomsen, Caitlin N. Zant and Victoria L. Kiefer Assisted by grant funding from the University of Wisconsin Sea Grant Institute and Wisconsin Coastal Management Program, and a charitable donation from Elizabeth Uihlein of the Uline Corporation, this report was prepared by the Wisconsin Historical Society’s Maritime Preservation and Archaeology Program. The statements, findings, conclusions, and recommendations are those of the authors and do not necessarily reflect the views of the University of Wisconsin Sea Grant Institute, the National Sea Grant College Program, the Wisconsin Coastal Management Program, or the National Oceanographic and Atmospheric Association. Note: At the time of publication, Thomas Friant and Montgomery sites are pending listing on the State and National Registers of Historic Places. Nomination packets for these shipwreck sites have been prepared and submitted to the Wisconsin State Historic Preservation Office. I.A. Johnson and Advance sites are listed on the State Register of Historic Places pending listing on the National Register of Historic Places, and Selah Chamberlain site is listed on the State and National Register of Historic Places. Grace Patterson site has been determined not eligible for listing on the National Register of Historic Places. Cover photo: A diver surveying the scow schooner I.A. Johnson, Sheboygan County, Wisconsin. Copyright © 2019 by Wisconsin Historical Society All rights reserved TABLE OF CONTENTS ILLUSTRATIONS AND IMAGES ............................................................................................. iii ACKNOWLEDGEMENTS ........................................................................................................ -
Idstorical Diver
Historical Diver, Number 3, 1994 Item Type monograph Publisher Historical Diving Society U.S.A. Download date 09/10/2021 13:15:37 Link to Item http://hdl.handle.net/1834/30846 IDSTORICAL DIVER Number 3 Summer 1994 The Official Publication of the Historical Diving Society U.S.A As you will by now know, the Society has relocated to Santa Barbara, California and this move, along with various other Society developments has delayed the publication of the Spring '94 issue of HISTORICAL DIVER. By way of catching up, we have produced a Summer double issue and have the good fortune to be able to publish with a color cover. Coinciding with the Santa Barbara relocation is the appointment, by the Board of Directors, of the first members of the HDS USA Advisory Board. This distinguished group of senior diving professionals, with extensive backgrounds in diving medicine, technical development, commercial, military and sports diving, bring in excess of 300 years of diving experience to the Society. Most of their biographies are the size of town phone directories, and have had to be severely edited for publication. We are honored and gratefulfortheir willing offers of service, and hope that we have done their biographies justice. Details start on page 4. The recently introduced, Founding Benefactor class of membership has proven to be very popular with over half of the thirty available memberships already taken. An opportunity still exists to acquire one of these unique memberships and details of it's benefits are noted on page 9. On the international front, the ongoing formation of the HDS USA as a nonprofit corporation has, by law, changed the conditions that govern our relationship with the HDS in UK. -
Shipwreck Legislation and the Preservation of Submerged Artifacts Timothy J
Case Western Reserve Journal of International Law Volume 22 | Issue 1 1990 Shipwreck Legislation and the Preservation of Submerged Artifacts Timothy J. Runyan Follow this and additional works at: https://scholarlycommons.law.case.edu/jil Part of the International Law Commons Recommended Citation Timothy J. Runyan, Shipwreck Legislation and the Preservation of Submerged Artifacts, 22 Case W. Res. J. Int'l L. 31 (1990) Available at: https://scholarlycommons.law.case.edu/jil/vol22/iss1/2 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Journal of International Law by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. Shipwreck Legislation and the Preservation of Submerged Artifacts Timothy J. Runyan, Ph.D.* INTRODUCTION This article will examine the relationship of the law to a particular type of art: a submerged ship and its contents. Today, shipwrecks are a principal object of those archaeologists who seek to expand our knowl- edge of history through a study of submerged material culture.' Their enthusiasm for retrieving and preserving that culture has spawned the field of maritime or underwater archaeology. It has also spawned a de- bate over the ownership of submerged artifacts. An examination of mari- time or admiralty law and its relationship to shipwrecks forms the core of the first part of this Article and is followed by an analysis of the con- flict which has arisen between preservationists and commercial or trea- sure salvors. -
Smart Salvage: Extending Traditional Maritime Law to Include Intellectual Property Rights in Historic Shipwrecks
Fordham Law Review Volume 68 Issue 6 Article 12 2000 Smart Salvage: Extending Traditional Maritime Law To Include Intellectual Property Rights in Historic Shipwrecks Justin S. Stern Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Justin S. Stern, Smart Salvage: Extending Traditional Maritime Law To Include Intellectual Property Rights in Historic Shipwrecks, 68 Fordham L. Rev. 2489 (2000). Available at: https://ir.lawnet.fordham.edu/flr/vol68/iss6/12 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. Smart Salvage: Extending Traditional Maritime Law To Include Intellectual Property Rights in Historic Shipwrecks Cover Page Footnote I would like to thank Fred and Rachel Stern for putting up with so much. This article is available in Fordham Law Review: https://ir.lawnet.fordham.edu/flr/vol68/iss6/12 SMART SALVAGE: EXTENDING TRADITIONAL MARITIME LAW TO INCLUDE INTELLECTUAL PROPERTY RIGHTS IN HISTORIC SHIPWRECKS Justin S. Stern" INTRODUCTION Led by visions of sunken treasure, three salvors-an ocean engineer, a journalist, and a geologist-joined together in 1985 to form the Columbus-America Discovery Group ("Columbus Group").' Their quest was to locate and recover the S.S. Central America, an American steamship