The Widow Wave explores this alternate reality. It is a fascinating true-life mystery and lawyer procedural rolled into one. Jay Jacobs offers no facile answers—and he’s not the flawless protagonist typically starring in such dramas. He lets us see how such a big wrongful death case really unfolds, in a true story that reads like a novel. Will the jury find the truth? Will the reader?
"An intelligently told true story of honor, integrity and justice. The Widow Wave reminded me of The Perfect Storm, played out in a taut courtroom thriller. Jay Jacobs masterfully weaves the harrowing tale of the last voyage of the Aloha, and courtroom battle that followed. A great read."
— Robert Dugoni, New York Times Bestselling Author of My Sister's Grave
"A compelling story of a modern day maritime tragedy that beautifully discusses the vital importance of advances in observational technologies, forecasts and communications in avoiding future loss of life at sea. Jacobs skillfully weaves together the legal, scientific and maritime narratives to enthrall and educate the reader."
— Julie Thomas, Scripps Institution of Oceanography, Manager of the Institute of Geo and Planetary Physics
"Trial lawyer Jay Jacobs, in a unique, personally revealing memoir, defends a widow and her deceased husband's honor in an intimate first person account of how the civil trial process unfolds.... The reader will learn about the strategies, shoals, and embroilments of a real life, vigorously contested trial with its many emotional upheavals."
— Justice James Marchiano (ret.), formerly Presiding Justice, California Court of Appeals, First Appellate District
"Jacobs' vivid prose pulls you into a compelling drama, deftly transporting you from the courtroom to the storm-tossed Pacific and back to the courtroom again. The book reads like a well-wrought detective novel."
— Daniel James Brown, New York Times Bestselling Author of The Boys in the Boat
The book takes as its focus the rules and institutions established by the Convention on the Law of the Sea and places the achievements of the Convention in both historical and contemporary context. All of the main areas of the law of the sea are addressed including the foundations and sources of the law, the nature and extent of the maritime zones, the delimitation of overlapping maritime boundaries, the place of archipelagic and other special states in the law of the sea, navigational rights and freedoms, military activities at sea, and marine resource and conservation issues including fisheries, marine environmental protection, and dispute settlement.
As the Convention is now over a quarter of a century old the book takes stock of contemporary oceans issues that are not adequately addressed by the convention. Overarching challenges facing the law of the sea are considered, including how new maritime security initiatives can be reconciled with traditional navigational rights and freedoms, how declines in the health of marine ecosystems can be halted through strengthened legal regimes, and how the law of the sea can regulate ocean space in the Polar regions as global warming opens up new possibilities for resource exploitation.
This book provides practical, experience-based, and proven knowledge - and a "how-to-guide" - on maritime security. McNicholas explains in clear language how commercial seaports and vessels function; what threats currently exist; what security policies, procedures, systems, and measures must be implemented to mitigate these threats; and how to conduct ship and port security assessments and plans. Whether the problem is weapons of mass destruction or cargo theft, Maritime Security provides invaluable guidance for the professionals who protect our shipping and ports.Holds the keys to successfully designing, implementing, and managing effective port and vessel security programs in a high-risk environmentProvides real-world experience in Maritime Security from the Managing Director of Phoenix Management Services Group in the USA and Panama.Offers specifics of a model port security program and case studies of effective tactics in a high-threat environment
Author G. Bruce Knecht chronicles how an obscure fish merchant in California "discovered" and renamed the fish, kicking off a worldwide craze for a fish no one had ever heard of and everyone had to have. With demand exploding, pirates were only too happy to satisfy our taste for Chilean Sea Bass. From the world's most treacherous waters to its most fabulous kitchens, Hooked is at once a thrilling tale and a revelatory popular history that will appeal to a diverse group of readers. Think The Hungry Ocean meets Kitchen Confidential.
This new edition is fully updated with the very latest in case law both internationally and on a domestic level, including:
New developments on the applicability of the CMR to multimodal transport, as per the Godafoss case
The concept of the "wilful misconduct" in failure to guard the vehicle
Thorough analysis of TNT Express Nederland BV v AXA Versicherung AG
It also provides new coverage of the impact of e-commerce on road haulage.
This book is an invaluable reference tool for transport practitioners with an international and domestic client base. It is also a useful guide for academics and students of the carriage of goods by road.
The book covers:
every major commodity
how it is loaded
how it is discharged
what equipment is used to handle and store it
any specialised terminal required
This new edition not only includes many new definitions, it also benefits from several photographic sequences showing cargo loading and discharging processes in action from start to finish. This book is a valuable reference to any professionals working in the shipping and cargo handling industry.
Section by section, the authors deliver expert commentary on the Marine Insurance Act 1906 and related marine insurance legislation. The origin of each section or provision is clearly explained, along with the authorities decided since the legislation came into force.
New to this edition:
Heavily revised with the very latest case law since 2010, some of which having a dramatic effect on the law of marine insurance. The most important cases include The Cendor Mopu and Masefield v Amlin. All relevant new cases have been added from across the common law world
Clarification on new legislation such as the Third Parties (Rights against Insurers) Act 2010 and the Consumer Insurance (Disclosure and Representations) Act 2012
The compulsory insurance provisions affecting oil pollution and passengers
The rules on jurisdiction and choice of law in the Brussels Regulation and the Rome I Regulation
This compressive text is indispensable for marine lawyers, industry professionals, and students of marine insurance law worldwide.
This book addresses the demands of 21st century ship management with the focus of the book as much about the people who manage ships as about the theory and practice of ship management.
The book concentrates on the law in the United States and England. It then examines other countries with a common law tradition including Hong Kong, Singapore, Japan and Australia. The civil law systems are highlighted in a number of key trading nations: Italy, Germany, France and Norway. The book includes chapters on South Africa as well as the People’s Republic of China. It concludes with a comparative law chapter concentrating on issues that arise in practice in cargo coverage cases. This chapter also examines how the Institute Cargo Clauses have been construed by Courts worldwide.
The appendices include the standard cargo policy insurance terms used in each jurisdiction, some translated for the first time for this volume, as well as translations of the relevant statutes and commercial codes, many not available elsewhere.
Significant innovations for this edition include:
Materials on the Rotterdam and Hamburg Rules, and expanded discussion of the Hague Visby Rules and Charterparties
Discussion of some of the most important decisions by the senior courts
Pedagogical features such as end of chapter further reading
Emphasis on how shipping law operates and is applied in the real world
A clear, student-friendly text design with a strong emphasis on research and problem solving
This up-to-date collection of materials relating to the carriage of goods by sea will be of value to students of law, researchers and legal practitioners.
Written by an author who was closely involved with the revisions to the Institute Cargo Clauses 2009, the work expertly examines marine cargo insurance by reference to important English and foreign legal cases as well as the Marine Insurance Act 1906. Logically arranged to reflect the structure of the Institute Cargo Clauses, the most widely used standard form of cover, this text offers easy to find solutions for today’s busy practitioner.
New to this edition:
Completely revised to include the Insurance Act 2015 (duty of fair presentation; warranties, fraudulent claims)
Brand new chapter on the revised Institute Ancillary and Trade Clauses, including those to be introduced on 1 November 2015
Increased coverage of jurisdiction and choice of law, particularly taking into account the Rome I Regulation
Enhanced coverage of the issue of Constructive Total Loss
Consideration of the Law Reform Commission’s proposals for the reform of insurance law, and further amendments to the Marine Insurance Act 1906.
Covers latest developments in the Enterprise Bill for damages for late payment of claims
Fully updated with all of the influential cases since 2009, including:
The Cendor MOPU, one of the most important marine insurance cases of the last 50 years.
Clothing Management v Beazley Solutions
Notable hull cases such as Versloot Dredging v HDI Gerling on fraudulent devices
Influential foreign cases taken from this book’s sister text, International Cargo Insurance
This unique text is a one-stop resource for marine insurance lawyers handling cargo claims, and will also be of interest to students and researchers of maritime law.
This book addresses the demands of 21st century ship management with the focus of the book as much about the people who manage ships as about the theory and practice of ship management.
This book provides you with practical advice and brings you:
• An overall view of the two liability regimes, followed by a short history of the Warsaw Convention in its various versions and what led to agreement on a single regime, the Montreal Convention, as well as the threat to uniformity posed by EC Directives.
• A statement of the rules of interpretation applicable to conventions of uniform law, illustrated mainly by decisions of the air conventions.
• Commentary on the text of the 1999 Montreal Convention together with commentary on the text of the 1967 Warsaw Convention.
• Reference to decisions of the courts not only of the UK but also those of other common law countries, notably the USA, and countries of civil law, notably France and Germany.
This unique text provides a clear and comprehensive introduction to the principal elements involved in the management of marine cargo and the carriage of goods by sea. Not only does it analyse key theories and debates in the maritime freight sector, it is equally instructive on practice and logistics. Furthermore, the book provides a thorough guide to the roles and responsibilities of all parties involved in this dynamic industry.
This second edition has been fully revised and updated to incorporate the very latest changes in cargo management legislation and procedures, including:
Offshore oil & gas supply management
The revised INCOTERMS 2010
Tramp shipping and spot cargo trading
Project cargo management
Dry and liquid bulk cargo management
The IMDG Code and the marine carriage of dangerous and hazardous goods
Risk management and best practice
This is an essential guide for shipping professionals, academics and students of marine logistics, and international trade.
This third edition represents a major re-write and addresses significant amendments that were made to the ISM Code on 1st July 2010 and 1st January 2015.
This book provides practitioners with a practical overview of, and much needed guidance on, the potential implications of failing to implement the requirements code. It will be hugely valuable to DPAs, managers of ship operating companies, ship masters, maritime lawyers and insurance claims staff.
In 1494, award-winning author Stephen R. Bown tells the untold story of the explosive feud between monarchs, clergy, and explorers that split the globe between Spain and Portugal and made the world's oceans a battleground.
When Columbus triumphantly returned from America to Spain in 1493, his discoveries inflamed an already-smouldering conflict between Spain's renowned monarchs, Ferdinand and Isabella, and Portugal's João II. Which nation was to control the world's oceans? To quell the argument, Pope Alexander VI—the notorious Rodrigo Borgia—issued a proclamation laying the foundation for the Treaty of Tordesillas of 1494, an edict that created an imaginary line in the Atlantic Ocean dividing the entire known (and unknown) world between Spain and Portugal.
Just as the world's oceans were about to be opened by Columbus's epochal voyage, the treaty sought to limit the seas to these two favored Catholic nations. The edict was to have a profound influence on world history: it propelled Spain and Portugal to superpower status, steered many other European nations on a collision course, and became the central grievance in two centuries of international espionage, piracy, and warfare.
The treaty also began the fight for "the freedom of the seas"—the epic struggle to determine whether the world's oceans, and thus global commerce, would be controlled by the decree of an autocrat or be open to the ships of any nation—a distinctly modern notion, championed in the early seventeenth century by the Dutch legal theorist Hugo Grotius, whose arguments became the foundation of international law.
At the heart of one of the greatest international diplomatic and political agreements of the last five centuries were the strained relationships and passions of a handful of powerful individuals. They were linked by a shared history, mutual animosity, and personal obligations—quarrels, rivalries, and hatreds that dated back decades. Yet the struggle ultimately stemmed from a young woman's determination to defy tradition and the king, and to choose her own husband.
The first fundamental truth about the "Arab Spring" is that there never was one. The salient fact of the Middle East, the only one, is Islam. The Islam that shapes the Middle East inculcates in Muslims the self-perception that they are members of a civilization implacably hostile to the West. The United States is a competitor to be overcome, not the herald of a culture to be embraced.
Is this self-perception based on objective truth? Does it reflect an accurate construction of Islam? It is over these questions that American officials and Western intellectuals obsess. Yet the questions are irrelevant. This is not a matter of right or wrong, of some posture or policy whose subtle tweaking or outright reversal would change the facts on the ground. This is simply, starkly, the way it is.
Every human heart does not yearn for freedom. In the Islam of the Middle East, "freedom" means something very nearly the opposite of what the concept connotes to Westerners – it is the freedom that lies in total submission to Allah and His law. That law, sharia, is diametrically opposed to core components of freedom as understood in the West – beginning with the very idea that man is free to make law for himself, irrespective of what Allah has ordained. It is thus delusional to believe, as the West's Arab Spring fable insists, that the region teems with Jamal al-Madisons holding aloft the lamp of liberty. Do such revolutionary reformers exist? Of course they do . . . but in numbers barely enough to weave a fictional cover story. When push came to shove – and worse – the reformers were overwhelmed, swept away by a tide of Islamic supremacism, the dynamic, consequential mass movement that beckons endless winter.
That is the real story of the Arab Spring – that, and the Pandora's Box that opens when an American administration aligns with that movement, whose stated goal is to destroy America.
Newton was in Baghdad in December 2003 when the Tribunal was announced and Saddam was captured. In the following months, Scharf and Newton helped write the rules of the Tribunal, conducted a mock trial in (perhaps appropriately) Stratford-upon-Avon, England, and provided legal analysis on dozens of issues. Newton then returned to Baghdad several times during the trial and appeal. Now, from its two shapers, comes the fascinating inside story of the trial and execution of Saddam Hussein and the attempt to bring the rule of law to post-invasion Iraq.
The third edition has been fully revised and restructured into two self-contained volumes, the first covering jurisdictional issues and risks and the second exploring the diverse aspects of maritime law, risks and liabilities.
The second volume tackles the substantive maritime law with a particular emphasis on risk and liabilities, and analyses issues of contract, tort and criminal law, causation and remoteness of damages.
Key features of Volume Two include:
An analysis of the regulatory regime, new EU and IMO safety at sea legislation, reforming practices for flag states and recognised organisations, vetting, codes of good practice, and International Conventions.
An explanation of the Rules of attribution of liability, the impact of the ISM Code upon liabilities, including criminal, corporate manslaughter, and the new Directive for ship-source pollution.
Important developments in areas including:
Ship-managing risks, best endeavours and fiduciary duties
Mortgagees risks and economic torts
New BIMCO standard terms of contracts
Ship-sale risks – including sale ‘as is’ and ‘as she was’
Shipbuilding risks – guarantees and performance bonds
New trends on wrongful acts of employees, collisions and measure of damages, salvage issues, environmental salvage, and towage contracts
Piracy risks cases and general average
New perspectives on risks and liabilities of port authorities
Pollution liabilities, including trends of prosecution of class societies and charterers and new limits of liability under International Conventions
Purchase Volumes 1 and 2 of the Modern Maritime Law together for a reduced price at http://www.routledge.com/books/details/9780415843201/
Roht-Arriaza discusses the difficulties in bringing violators of human rights to justice at home, and considers the role of transitional justice in transnational prosecutions and investigations in the national courts of countries other than those where the crimes took place. She traces the roots of the landmark Pinochet case and follows its development and those of related cases, through Spain, the United Kingdom, elsewhere in Europe, and then through Chile, Argentina, Mexico, and the United States. She situates these transnational cases within the context of an emergent International Criminal Court, as well as the effectiveness of international law and of the lawyers, judges, and activists working together across continents to make a new legal paradigm a reality. Interviews and observations help to contextualize and dramatize these compelling cases.
These cases have tremendous ramifications for the prospect of universal jurisdiction and will continue to resonate for years to come. Roht-Arriaza's deft navigation of these complicated legal proceedings elucidates the paradigm shift underlying this prosecution as well as the traction gained by advocacy networks promoting universal jurisdiction in recent decades.
Such an approach will be sceptical rather than cynical, intending to provide the means by which the role of international law may be evaluated. This entails discussion of the legal quality of international law; of the relationship between the academic disciplines of international law and international relations; of the apparent 'Eurocentricity' of international law, and of the relationship between political power and the ability to use or abuse (or ignore) international law.
Underlying the book is the assertion that international law is political in content (in the sense of being concerned with the exercise of power) but that it draws much of its effectiveness from its self-portrayal as being apolitical, or at least politically neutral.
Several chapters focus on the International Criminal Court, in particular its substantive jurisdiction (genocide, crimes against humanity, war crimes and aggression), modes of liability and available defenses. Additional chapters cover the purposes and procedures of extradition (and its alternatives, such as “rendition”) and mutual legal assistance (obtaining evidence abroad for use in criminal cases). Attention is also given to the major “transnational crimes,” including in particular terrorism, corruption, trafficking and organized crime. A final chapter addresses the “future” of international criminal law and alternatives to international prosecutions. The book is written so that readers will not require prior experience in the field of international law.
The contributors to this volume, whose backgrounds range from political science and history to economics, law, and sociology, examine the "deep structure" of an order that was first imposed by the Allies in 1945 and has been a central feature of world politics ever since. Creatively and insightfully blending theory and evidence, the chapters in The End of the West? examine core structural features of the transatlantic order to determine whether current disagreements are minor and transient or catastrophic and permanent.