a d m i r a l t y- n y u schoolof law（d m r l t y - n y u法律学院）（110页）.docVIP

ADMIRALTY Prof. Kimball January 9, 2006 Topics covered in this course: Titanic case It involves salvage. It also involves admiralty jurisdiction. Admiralty jurisdiction This involves Subject matter jurisdiction. This area is still evolving. Admiralty jurisdiction is based directly on the constitution. This will take us 2 classes. We’ll look at admiralty jurisdiction in tort claims and We’ll see the General Maritime Law. We’ll understand what kind of cases can be brought into federal courts. We’ll look at the role of international law. Arbitration We’ll also look at arbitration. Marine Insurance This is central to admiralty law. In US there’s case law. In England it’s a statutory law to which the US courts make reference to sometimes. Charter Parties We’ll look at charter parties which is a contract. Most of the disputes is subject to arbitration. Bills of Lading This are Contracts for the charter of goods. There’s a whole body of law arising to bill of ladings. We’ll look at the Carriage of goods. Seaman’s Claims for Personal Injury and Death A lot of people fall overboard. Practice in Admiralty cases There are special admiralty procedures. This allow for arrest of ships, attachments or seizures of bank accounts. We’ll look at how to sue the US government, the government is often a party in admiralty cases. Limitation of Liability This limits claims. A ship owner becomes the plaintiff. Oil spills Case law. Punitive damages. Introduction to the course RMS Titanic v Haver US Court of appeals, 1999 Appellee: RMS Appellant: Haver Facts The saved people from the titanic and some lifeboats were taken to NY. Another ship took bodies and took them to Nova Scotia. Haver discovered the Titanic at the bottom of the North Atlantic in 1985. Salvage efforts began 2 years later. Procedural Posture In 1994 a federal trial court exercising constructive in rem jurisdiction awarded exclusive salvage rights, as well as ownership of recovered artifacts t