Iran is set to launch two new ships and a submarine, per CNN, here.
November 2008
Remember World Ports Issue? CFIUS Passes New Regs
International Trade Law News blog, posted here.
Hawaii Parasail Ban – Reply Briefs Filed
UFO Chuting filed its Reply Briefs on their cert petition which will be the subject of a Supreme Court conference on November 25, 2008. At the conference, the Court will decide whether to grant the petition or let Hawaii’s ban on parasailing stand despite its conflict with federal coastwise licenses.
ABA Journal Conducting Survey of Job Market for Attorneys
In service to the legal profession and as courtesy to the ABA, I've agreed to post this announcement:
The American Bar Association Journal is conducting an on-line survey on the job market for attorneys in light of the current state of the economy.
The survey can be taken here.
Damon Key Supreme Court Advocacy
Continuing the firm’s tradition of high-level appellate advocacy, Damon Key attorneys Robert H. Thomas, Mark M. Murakami and Christi-Anne H. Kudo Chock recently filed two friend-of-the-court briefs in the U.S. Supreme Court involving complex constitutional, maritime and environmental issues.
In the first case, Winter v. Natural Resources Defense Council, the Supreme …
HawaiiReporter – Media Coverage of California Sonar Case
Upcoming Lecture on Vessel Documentation Issues
On Wednesday, November 19 at noon, we will be hosting the Hawaii State Bar Association Admiralty Section's quarterly meeting at Damon Key. All members of the Hawaii State Bar Association are welcome.
The topic for discussion will be vessel documentation, an area full of new developments. The speaker will be Captain Fred Tucher, who recently retired…
Hawaii Supreme Court Strikes Down Vessel Forfeiture
The Hawaii Supreme Court yesterday struck down the State of Hawaii's attempt to forfeit a boat that it suspected, but did not prove, was used to illegally take coral off the Waianae coastline.
Opinion in Carlisle v. One (1) Boat, 18.5 Feet with Fiberglass Hull here.
The court found that because Hawaii law did…
California Sonar Case – Restrictions on Navy Sonar Use Quashed
The U.S. Supreme Court ruled today that the Ninth Circuit Court of Appeals erred when it upheld restrictions on the Navy's use of Mid-Frequency Active sonar off the California coast pending an Environmental Impact Statement.
Chief Justice Roberts, speaking for the majority said:
"To be prepared for war is one of the most effectual means
…
Somali Pirates – Booming Problem with Thorny Legal Issues
Piracy off the coast of Somalia is getting a lot of press recently. The recent piratical takeover of a ship laden with tanks and munitions is prompting concerns and debate between the world's shippers and the countries affected. France, Ukraine, North Korea, and now Denmark all have had ships taken in the last several years. It seems that NATO and perhaps the United States will need to have an increased maritime presence to provide security for the vital sea lane.
The United Nations has even passed resolutions which squarely infringe on the sovereignty of Somalia, such as it is. Resolution 1816, adopted June 2008 (recently renewed by Resolution 1838, adopted October 2008 ) provided that the Security Council:
Decides that for a period of six months from the date of this resolution, States cooperating with the TFG in the fight against piracy and armed robbery at sea off the coast of Somalia, for which advance notification has been provided by the TFG to the Secretary-General, may:
(a) Enter the territorial waters of Somalia for the purpose of repressing acts of piracy and armed robbery at sea, in a manner consistent with such action permitted on the high seas with respect to piracy under relevant international law; and
(b) Use, within the territorial waters of Somalia, in a manner consistent with action permitted on the high seas with respect to piracy under relevant international law, all necessary means to repress acts of piracy and armed robbery…
The Shipping coalition, in their releases here, here suggest that governmental, and not private security, response is warranted. The world's major maritime insurer, Lloyds of London, began issuing risk policies including private security teams here.
The French have shown a willingness to go farther than the territorial sea to apprehend pirates: