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Seaworthiness: A new calculus factor in environmental friendliness: Mobil Shipping & Transportation Co v Wonsild Liquid Carriers, Ltd 190 F.3d 64, 1999 AMC 2705 (2d Cir.1999)

Hodges, Susan Liang Him 2003. Seaworthiness: A new calculus factor in environmental friendliness: Mobil Shipping & Transportation Co v Wonsild Liquid Carriers, Ltd 190 F.3d 64, 1999 AMC 2705 (2d Cir.1999). Journal of Maritime Law and Commerce 34 (3) , pp. 497-509.

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Abstract

In Mobil Shipping Transportation Co. v. Wonsild Liquid Carriers Ltd., 1 the United States District Court for the Southern District of New York introduced a new criterion for the assessment of seaworthiness. In 1999, the additional consideration--risk of environmental damage--received the approval of the United States Court of Appeal for the Second Circuit. 2 Whether the fashionable notion of environmental seaworthiness will be confirmed by a higher tribunal, or accepted by other jurisdictions, remains to be seen. The case has left something for twenty-first century judges and lawyers to ponder and evaluate. One can safely predict that, in our current climate of eco-friendliness, any cause that safeguards the environment will receive a hearing. However, its adoption depends as much upon the strength of its foundation as upon the personal orientation of the judge trying the case. The purpose of this case note is to examine whether it has any real basis in law and to discuss various related aspects of seaworthiness.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Business (Including Economics)
Subjects: H Social Sciences > HD Industries. Land use. Labor > HD28 Management. Industrial Management
V Naval Science > V Naval Science (General)
Publisher: The Jefferson Law Book Company
ISSN: 0022-2410
Related URLs:
Last Modified: 17 Oct 2016 11:02
URI: http://orca-mwe.cf.ac.uk/id/eprint/41480

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