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Journal articles on the topic 'High Court of Admiralty'

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1

Falase-Aluko, Abiola. "New Developments in the Admiralty Jurisdiction of the Federal High Court in Nigeria." Journal of African Law 39, no. 1 (1995): 64–78. http://dx.doi.org/10.1017/s002185530000588x.

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Over 20 years ago, the Federal High Court was created. It is today the only Court with jurisdiction in matters relating to admiralty in Nigeria. This has, however, not been without some teething problems. Disputes arose over what matters fell within the admiralty jurisdiction of the courts and also as to which courts had admiralty jurisdiction. The recent Admiralty Jurisdiction Decree of 1991 addresses these issues by providing a comprehensive local code in line with the International Convention Relating to the Arrest of Sea-going Ships, 1952. This article traces the development of the admiral
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2

Wallis, Malcolm. "Where do we belong? The plight of plaintiffs with small maritime claims." South African Law Journal 139, no. 1 (2022): 205–31. http://dx.doi.org/10.47348/salj/v139/i1a7.

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Is a claim falling within the definition of a ‘maritime claim’ in terms of s 1 of the Admiralty Jurisdiction Regulation Act 105 of 1983 and also within s 29(1) of the Magistrates’ Courts Act 32 of 1944 capable of being pursued in the magistrates’ courts? In World Net Logistics (Pty) Ltd v Donsantel 133 CC & another 2020 (3) SA 542 (KZP) the full court in KwaZulu-Natal held that such claims must be pursued within the exclusive admiralty jurisdiction of the high court. The article submits that this is incorrect and disregards the history of the Admiralty Jurisdiction Regulation Act, amounts
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3

Gordan, John D. "Publishing Robinson's Reports Of Cases Argued And Determined In The High Court Of Admiralty." Law and History Review 32, no. 3 (2014): 525–73. http://dx.doi.org/10.1017/s0738248014000224.

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Since the year 1798, the decisions of Sir William Scott, (now Lord Stowell) on the admiralty side of Westminster Hall, have been read and admired in every region of the republic of letters, as models of the most cultivated and the most enlightened human reason.James Kent, Commentaries on American Law Vol. 2, (New York: O. Halsted 1827), 526. Chancellor Kent's single, luminous sentence, published while Sir William Scott was still on the bench, presents the questions this article will explore. It investigates two interrelated aspects of the trajectory of the first decade of Sir William Scott's a
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4

Turvey, Roger. "PERROT, PIRATES AND PARISIAN GROCERS: SIR JOHN PERROT, COURT FACTION, JURISDICTIONAL CONFLICT AND THE AFFAIR OF THE PETER AND PAUL." Welsh History Review / Cylchgrawn Hanes Cymru 30, no. 4 (2021): 469–98. http://dx.doi.org/10.16922/whr.30.4.2.

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The Marseilles ship, the Peter and Paul, became the object of a bitter dispute that internationalized an incident involving the royal courts of England, France, Portugal and Spain. At the time it was something of a cause célèbre that preoccupied the court, Privy Council and High Court of Admiralty. The significance of the ship's detention lies not so much in the incident itself but in the events surrounding it and the light it sheds on competing and conflicting jurisdictions involving the Westminster and Dublin governments. It reveals much about the bitter factionalism at the royal court which
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5

Donnelly, Dusty-Lee, and Seshni Govindasamy. "Notes: To stay or not to stay? Admiralty proceedings after the International Arbitration Act 15 of 2017: Atakas Ticaret Ve Nakliyat AS v Glencore International AG." South African Law Journal 138, no. 1 (2021): 40–57. http://dx.doi.org/10.47348/salj/v138/i1a3.

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The decision in Atakas Ticaret Ve Nakliyat AS v Glencore International AG 2019 (5) SA 379 (SCA) made important remarks to the effect that the discretion to effect a joinder to admiralty proceedings under s 5(1) of the Admiralty Jurisdiction Regulation Act 105 of 1983, and the discretion to refuse a stay of proceedings under s 7(1)(b) of the Act, are ‘untouched’ by art 8 of the UNCITRAL Model Law on International Arbitration that is incorporated under the International Arbitration Act 15 of 2017. The court reached this decision on the basis that, in terms of art 1(5), the Model Law does not aff
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6

Rossignol, Bernadette, and Philippe Rossignol. "Public Record Office : Fonds de la High Court of Admiralty H.CA. 30." Revue française d'histoire d'outre-mer 74, no. 276 (1987): 351–56. http://dx.doi.org/10.3406/outre.1987.2605.

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7

Leikin, Julia. "“The Prostitution of the Russian Flag”: Privateers in Russian Admiralty Courts, 1787–98." Law and History Review 35, no. 4 (2017): 1049–81. http://dx.doi.org/10.1017/s0738248017000402.

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In 1794, the Russian Empire convened the first high admiralty court for appeals to review petitions of merchants and privateers embroiled in the second Russian–Ottoman war of Catherine II's reign (1787–91). The Commission for Archipelago Affairs, as this admiralty court was called, decided more than 170 cases on the basis of Russian maritime law and its interpretation of the law of nations concerning commercial navigation and privateers. A year into its work, the commission determined that one case sat at the center of most disputes that pitted merchants against Russian-flagged privateers: the
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8

STECKLEY, GEORGE F. "LITIGIOUS MARINERS: WAGE CASES IN THE SEVENTEENTH-CENTURY ADMIRALTY COURT." Historical Journal 42, no. 2 (1999): 315–45. http://dx.doi.org/10.1017/s0018246x99008456.

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The merchant mariner could appeal to the law in the seventeenth century for remedies against arbitrary treatment. But historians have argued that even when the sailor was able to afford legal process he faced judges who served the interests of master and shipowner. This essay estimates the fees of a suit for wages in the seventeenth century, the mariner's propensity to initiate action, and his chances of winning. Evidence for such an appraisal, and for describing the attitudes of judges toward mariner complaints, comes from all wage cases decided by the High Court of Admiralty in sixteen years
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9

Dr., Mantinkang Formbasso Lawrence. "A Reflection on the Procedure for the Arrest of a Vessel Under the CEMAC Marine Merchant Code 2012 within Cameroons Territorial Waters and Post Arrest Issues." International Journal of Trend in Scientific Research and Development 2, no. 5 (2018): 408–18. https://doi.org/10.31142/ijtsrd15844.

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As a littoral State with a long coastlines and a huge interest in the Atlantic ocean Cameroon has the responsibility to dispense justice with regard to matters pertaining to the waters under her control. Ship arrest within the waters of Cameroon is done in compliance with the procedure put in place by the CEMAC Marine Merchant Code 2012 and the 1999 Arrest Convention. These texts form part and parcel of Cameroons' legislation. Courts charged with the responsibility of ship arrest in Cameroon are the Court of First Instance and the High Court. Ship arrest in Cameroon is actually effected by
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10

Waddams, S. M., and Henry J. Bourguignon. "Sir William Scott, Lord Stowell: Judge of the High Court of Admiralty, 1798-1828." American Journal of Legal History 33, no. 2 (1989): 172. http://dx.doi.org/10.2307/845960.

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11

Cotter, Hayley. "“The Ship Dieth at Sea”: Metaphor and Maritime Law." Renaissance Quarterly 76, no. 4 (2023): 1431–65. http://dx.doi.org/10.1017/rqx.2023.544.

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This article proposes a new methodology for engaging with early modern legal metaphor. It argues that a full account of the trope must integrate its legal-historical, cultural, literary, and philosophical dimensions. After discussing what makes early modern legal metaphor unique (and thus uniquely challenging to decipher), I consider various philosophical, legal, cognitive, and literary approaches to the rhetorical figure and demonstrate how each perspective adds additional insight to its untangling in juridical contexts. The article culminates in a reading of a single metaphor taken from lawy
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Ward, Robin McG. "Book Review: Guide to the Records of the Scottish High Court of Admiralty 1627–1750." International Journal of Maritime History 18, no. 1 (2006): 425–26. http://dx.doi.org/10.1177/084387140601800142.

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13

Flavin, Susan. "A calendar of material relating to Ireland from the High Court of Admiralty, 1641–1660." Irish Studies Review 20, no. 4 (2012): 493–94. http://dx.doi.org/10.1080/09670882.2012.732348.

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14

Bevan, Amanda, and Randolph Cock. "HIGH COURT OF ADMIRALTY PRIZE PAPERS, 1652-1815: CHALLENGES IN IMPROVING ACCESS TO OLDER RECORDS." Archives: The Journal of the British Records Association 53, no. 137 (2018): 34–58. http://dx.doi.org/10.3828/archives.2018.8.

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15

Abad, Qamar. "Admiralty Jurisdiction of High Courts Ordinance 1980: A Critical Review." Pakistan Social Sciences Review 4, no. I (2020): 1110–18. http://dx.doi.org/10.35484/pssr.2020(4-i)85.

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16

Mannion, John. "Book Review: A Calendar of Material Relating to Ireland from the High Court of Admiralty 1641–1660." International Journal of Maritime History 24, no. 1 (2012): 432–33. http://dx.doi.org/10.1177/084387141202400136.

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17

Bergeron-Maguire, Myriam, and Yan Greub. "Qui n’entend qu’une cloche n’entend qu’un son. Le français classique des lettres interceptées durant les guerres de course atlantiques." SHS Web of Conferences 78 (2020): 02001. http://dx.doi.org/10.1051/shsconf/20207802001.

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Les études portant sur le français à l’époque classique ont été longtemps fondées sur des textes soignés, élaborés et pensés dans un objectif de large diffusion. Le monopole qui leur a été accordé a eu pour effet de réduire notre connaissance du français de cette période à un état fort lacunaire. De nos jours, on attend d’une description qui se veut réaliste qu’elle tienne compte de toute la documentation à disposition, notamment des textes privés, un gisement particulièrement précieux. C’est dans cette lignée que souhaite s’inscrire cette contribution, basée sur un ensemble de lettres interce
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18

Kilburn, Helen. "Jesuit and gentleman planter: Ingle’s rebellion and the litigation of Thomas Copley S.J." British Catholic History 34, no. 03 (2019): 374–95. http://dx.doi.org/10.1017/bch.2019.2.

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Father Thomas Copley S.J. (d. 1652) was born in Madrid in 1595/6 to an exiled English Catholic family. He joined the Maryland mission in 1637 under the alias Philip Fisher. In 1645 in the midst of the English Civil War, Richard Ingle, captain of the Reformation and under the authority of a Parliamentary Letter of Marque, plundered Maryland. Ingle, who mostly pursued wealthy Catholics, brought to England under arrest the Jesuit priests Thomas Copley and Andrew White on charges related to the legislation, An Act Against Jesuits, Seminary Priests and Other Such Disobedient Persons (1585). This ar
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19

Waddams, Stephen. "The Case of Grace James (1827)." Texas Wesleyan Law Review 13, no. 2 (2007): 783–93. http://dx.doi.org/10.37419/twlr.v13.i2.23.

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In 1827, Lord Stowell, the judge of the High Court of Admiralty, was called upon to decide a controversial appeal from the Vice-Admiralty Court of Antigua. The issue was whether a person who had been a slave in Antigua, having resided in England for a period of time, reverted to a condition of slavery on returning to Antigua. Lord Stowell's decision, putting a restrictive interpretation on Lord Mansfield's celebrated decision in Sommersett's Case, was that the condition of slavery, though not recognized in England, revived on the former slave's return to Antigua. Lord Stowell's decision, usual
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20

Alsop, J. D. "A Regime at Sea: The Navy and the 1553 Succession Crisis." Albion 24, no. 4 (1992): 577–90. http://dx.doi.org/10.2307/4050667.

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The navy occupied a significant position in the 1553 succession crisis. However, assessments of its role hitherto have been hampered by conflicting contemporary observations and a paucity of information. Not all issues of consequence can be resolved, but important fresh evidence, particularly, extensive High Court of the Admiralty documentation for one of the royal ships dispatched by the Duke of Northumberland to the East Anglian coast following Edward VI's death, permits a reappraisal of the episode and its significance for the events of that year. The evidence confirms that the Northumberla
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21

Blakemore, Richard J. "Mutiny on Trial: Law and Order among Seventeenth-Century Seafarers." Past & Present 265, Supplement_17 (2024): 72–107. http://dx.doi.org/10.1093/pastj/gtae031.

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Abstract This article offers a new interpretation of mutiny, and of the ways in which this concept was defined and implemented in maritime law during the seventeenth century. It particularly focuses on British seafarers and the evidence surviving in the papers of the English High Court of Admiralty, placed in a comparative perspective with reference to other states’ legal provision. Scholars of maritime social history have been particularly preoccupied with the idea of mutiny but have rarely provided a precise decision of it, or explored its legal intricacies, while generally basing their idea
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22

Jones, Susan. "“In Truth, They Are My Masters”: The Domestic Threat of Early Modern Piracy." Humanities 11, no. 5 (2022): 123. http://dx.doi.org/10.3390/h11050123.

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Thomas Walton (known as Purser) and Clinton Atkinson (known as Clinton) were hanged for piracy in 1583. This article examines a range of texts relating to Purser and Clinton, including court depositions, plays and ballads, to consider the ways in which their lives and deaths were depicted and discover what this might tell us about contemporary attitudes towards piracy. Purser and Clinton were based in Dorset where the boundaries delineating piracy as an illegal activity were blurred and the local beneficiaries of piracy spanned the social hierarchy, reaching as high as nobility and the Admiral
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23

Aslanian, Sebouh. "Trade Diaspora versus Colonial State: Armenian Merchants, the English East India Company, and the High Court of Admiralty in London, 1748–1752." Diaspora: A Journal of Transnational Studies 13, no. 1 (2004): 37–100. http://dx.doi.org/10.3138/diaspora.13.1.37.

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24

Aslanian, Sebouh. "Trade Diaspora versus Colonial State: Armenian Merchants, the English East India Company, and the High Court of Admiralty in London, 1748-1752." Diaspora: A Journal of Transnational Studies 13, no. 1 (2004): 37–100. http://dx.doi.org/10.1353/dsp.2006.0002.

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25

Appleby, John. "Daniel [De]Foe’s Virginia venture: Mutiny and indiscipline at sea during the 1680s and 1690s." International Journal of Maritime History 29, no. 1 (2017): 3–25. http://dx.doi.org/10.1177/0843871416678171.

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This article uses evidence from the English High Court of Admiralty to examine the problem of mutiny and indiscipline among seafarers in the transatlantic trades during the 1680s and 1690s. It focuses on a venture of 1688, which is of particular interest not only for the light it sheds on maritime conditions, but also because it involved Daniel Defoe, a young and ambitious trader who was trying to establish a commercial opening in Chesapeake Bay. The article contextualizes this previously unknown venture, relating it to the development of the tobacco trade and its dependence on an expanding ma
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Lange, Daniel. "Ireland and the war at sea, 1641–1653 / A calendar of material relating to Ireland from the High Court of Admiralty, 1641–1660." Journal for Maritime Research 17, no. 1 (2015): 85–88. http://dx.doi.org/10.1080/21533369.2015.1024534.

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27

Wilhelm, Daniel F. "Treaties—Warsaw Convention—international air transportation—recovery of damages—loss of society—death in air crash—Death on the High Seas Act—maritime and admiralty law: Zicherman v. Korean Air Lines. 116 S.Ct. 629." American Journal of International Law 90, no. 4 (1996): 655–58. http://dx.doi.org/10.2307/2203993.

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Petitioners Marjorie Zicherman and Muriel Mahalek sought damages from respondent Korean Air Lines (KAL) under the Warsaw Convention governing international air transport, for loss of society of a family member killed aboard a commercial airliner downed by a Soviet warplane. In a cross-petition, KAL requested a determination that the Death on the High Seas Act (DOHSA) prescribed damages recoverable under the Convention and did not allow damages to be recovered for loss of society. The Supreme Court (per Scalia, J.) affirmed in part and remanded in part and held unanimously that the Convention d
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Costello, Kevin. "A calendar of material relating to Ireland from the High Court of Admiralty, 1641–1660. Edited by Elaine Murphy. Pp 402. Dublin: Irish Manuscripts Commission. 2011. €50." Irish Historical Studies 38, no. 150 (2012): 345–46. http://dx.doi.org/10.1017/s0021121400001243.

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29

Hair, P. E. H. "J. W. Blake: A Tribute." History in Africa 16 (1989): 413–14. http://dx.doi.org/10.2307/3171800.

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J. W. Blake, who died on 7 March 1987, was a significant and notable link in the chain of African historiography. In the 1930s he learned Portuguese, assembled Portuguese sources, and did meticulous research among the difficult and then largely unpenetrated archives of the English High Court of Admiralty. The result was a monograph on European Beginnings in West Africa, 1454-1578, published in 1937, followed by two volumes of documents relating to the same period, Europeans in West Africa, published in 1942. The outbreak of war in 1939 delayed the second publication and by preventing Blake fro
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30

Bederman, David J. "Sir William Scott, Lord Stowell: Judge of the High Court of Admiralty, 1798-1828. By Henry J. Bourguignon. Cambridge: Cambridge University Press, 1987. Pp. xiv, 310. Index. $49.50, cloth." American Journal of International Law 82, no. 4 (1988): 854–58. http://dx.doi.org/10.2307/2203525.

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31

Schmidt, Albert J. "Henry J. Bourguignon, Sir William Scott, Lord Stowell: Judge of the High Court of Admiralty, 1798–1828, Cambridge: Cambridge University Press, 1987. Pp. xiv, 310. (ISBN: 0-521-34076-4)." Law and History Review 9, no. 1 (1991): 181–84. http://dx.doi.org/10.2307/743670.

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32

Cosgrove, Richard A. "Henry J. Bourguignon. Sir William Scott, Lord Stowell: Judge of the High Court of Admiralty, 1798–1828. (Cambridge Studies in English Legal History.) New York: Cambridge University Press. 1987. Pp. xiv, 310. $49.50." Albion 20, no. 3 (1988): 482–83. http://dx.doi.org/10.2307/4049760.

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33

Jarvis, Robert M. "The Confederate Admiralty Court at Key West." British Journal of American Legal Studies 12, no. 2 (2023): 227–54. http://dx.doi.org/10.2478/bjals-2023-0022.

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Abstract In 1861, the Confederate States of America authorized the establishment of a “Court of Admiralty and Maritime Jurisdiction” at Key West. Although a judge was appointed, the court never sat because the island remained in Union hands throughout the Civil War. After first describing the court's creation and staffing, this article highlights the various procedural and practical problems the court would have faced if it had been able to operate.
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Marzec, Łukasz. "KILKA UWAG O SĄDOWNICTWIE ADMIRALICJI W ANGLII." Zeszyty Prawnicze 4, no. 1 (2017): 75. http://dx.doi.org/10.21697/zp.2004.4.1.05.

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Some Remarks on the Admiralty Jurisdiction in EnglandSummaryThe Court of Admiralty was a significant element of the English judicial system that operated outside common law. It offered a quick and effective procedure, more efficient and suitable to fit mercantile cases. Many of its judges were doctors of civil law and members of the elitists organization: Doctors’ Commons. Some of the court’s jurisdiction was based on the Roman law, which was one of the reasons for envy and jealousy among the common law judges headed by Sir Edward Coke. The sentences of the court were permanently blocked by co
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Steckley, George F. "Ownership in the Seventeenth-century Admiralty Court." Journal of Legal History 41, no. 3 (2020): 257–89. http://dx.doi.org/10.1080/01440365.2020.1839693.

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van Ittersum, Martine Julia. "Mare Liberum in the West Indies?: Hugo Grotius and the Case of the Swimming Lion, a Dutch Pirate in the Caribbean at the Turn of the Seventeenth Century." Itinerario 31, no. 3 (2007): 59–94. http://dx.doi.org/10.1017/s0165115300001194.

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AbstractThis article reconstructs the voyage of the Swimming Lion to the Caribbean in 1595 and the court battle to which it gave rise. The Master mariner Gillis Dorenhoven was accused of piracy by Pedro d'Arana, contador of Havana, who sued his employers before the Middelburg Admiralty Court in 1609–1610. Johan Boreel, the eldest son of one of the defendants, sought expert advice from his friend Hugo Grotius. The author of Mare Liberum, published in April 1609, became involved in the case at various levels. Pressure was put on the States General to revise their instructions for the Admiralty C
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Costello, Kevin. "The Court of Admiralty of Ireland, 1745–1756." American Journal of Legal History 50, no. 1 (2010): 23–48. http://dx.doi.org/10.1093/ajlh/50.1.23.

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Appleby, John C. "The Court of Admiralty of Ireland, 1575–1893." Journal for Maritime Research 14, no. 1 (2012): 59–61. http://dx.doi.org/10.1080/21533369.2012.667932.

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Steckley, George F. "Bottomry Bonds in the Seventeenth-Century Admiralty Court." American Journal of Legal History 45, no. 3 (2001): 256. http://dx.doi.org/10.2307/3185325.

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Steckley, George F. "Freight law in the seventeenth-century admiralty court." Journal of Legal History 27, no. 2 (2006): 175–97. http://dx.doi.org/10.1080/01440360600831196.

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Merryman, John Henry. "The Marquis de Somerueles: Vice-Admiralty Court of Halifax, Nova Scotia Stewart's Vice-Admiralty Reports 482 (1813)." International Journal of Cultural Property 5, no. 2 (1996): 319–29. http://dx.doi.org/10.1017/s0940739196000100.

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Steckley, George F. "Collisions, Prohibitions, and the Admiralty Court in Seventeenth-Century London." Law and History Review 21, no. 1 (2003): 41–68. http://dx.doi.org/10.2307/3595068.

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When Anthonis Van den Wyngaerde executed his sweeping panorama of London in 1543, he drew some two dozen ships in the Thames, but only four of them downstream from St. Katherine's Dock. A century later, however, Wenceslaus Hollar carefully represented well over a hundred seagoing vessels in a ribbon of masts winding down river as far as the eye could see. By the 1650s a mariner noted the difficulty of navigating the Thames at low tide, especially during “mackerel time,” and Admiralty Judges at Doctors' Commons near St. Paul's were hearing complaints that congestion in the river was endangering
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Frankot, Edda. "Book Review: The Court of Admiralty of Ireland, 1575–1893." International Journal of Maritime History 24, no. 1 (2012): 430–32. http://dx.doi.org/10.1177/084387141202400135.

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44

Appleby, John C., and Mary O'Dowd. "The Irish admiralty: its organisation and development, c. 1570-1640." Irish Historical Studies 24, no. 95 (1985): 299–326. http://dx.doi.org/10.1017/s0021121400034234.

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There were two main concerns of Tudor and Stuart governments in relation to the sea surrounding the coast of Ireland. First, and most important, there was the need to defend it from hostile ships belonging to England's enemies. This involved the security of England as much as Ireland and, throughout the sixteenth and seventeenth centuries, was usually controlled by the admiralty establishment in London. The setting out and supervision of ships to defend the Irish and English coasts was rarely delegated to an Irish authority. The second concern was the administration of the law maritime in Irel
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Gevers, Amy Harpur, and Vishal Surbun. "The classification of a ‘maritime claim’ in South Africa under the Admiralty Jurisdiction Regulation Act." South African Law Journal 140, no. 1 (2023): 194–219. http://dx.doi.org/10.47348/salj/v140/i1a8.

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The definition of ‘maritime claim’ in s 1 of the Admiralty Jurisdiction Regulation Act 105 of 1983 is the gatekeeper to the exercise of admiralty jurisdiction. It is accordingly critical that the process of classifying a claim as a maritime claim is certain and predictable. However, the elasticity of the wording in the definition can create confusion for claimants in borderline cases. In Kuehne & Nagel (Pty) Ltd v Moncada Energy Group SRL 2016 JDR 0312 (GJ) the court formulated the ‘legally relevant connection’ test to assist it in classifying a claim to enforce a demand guarantee. The tes
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Kesumadiksa, Krisnady, Glen Thomas Walangitan, and Rezaldy. "Urgensi Pembentukan Pengadilan Maritim Bagi Industri Maritim di Indonesia." Media Iuris 7, no. 3 (2024): 499–526. http://dx.doi.org/10.20473/mi.v7i3.50765.

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AbstractThis research aims to analyze the urgency of establishing a maritime court and its contribution to the maritime industry in Indonesia. The research method used is normative research with a statue approach, study case approach and conceptual approach. The results of this research show that the absence of a Maritime Court in Indonesia means that legal issues in the maritime sector cannot be resolved effectively because it takes a long time, so the presence of a Maritime Court in Indonesia will make a big contribution, especially legal certainty in the maritime sector, where all forms of
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Walker, Andrew. "Illegal Under the Laws of All Nations? The Courts of Haiti and the Suppression of the Atlantic Trade in African Captives." Law and History Review 37, no. 2 (2019): 539–69. http://dx.doi.org/10.1017/s0738248019000142.

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In 1816, the mostly-American crew of a slaving brig bound from Cuba staged a mutiny before reaching West Africa, and then sailed on (without a captive cargo) to the antislavery republic of Haiti. Their voyage culminated in a remarkable prize case before the admiralty court at Port-au-Prince. The sailors claimed indignation at the “diabolical” slave trade, hoping to win profits from the condemnation of the vessel and to avoid future prosecution for enlisting in a slaving voyage that was illegal under U.S. federal law. Haitian prosecutors invoked the agreements of the Congress of Vienna, arguing
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48

Steckley, George F. "Instance cases at admiralty in 1657: A court ‘packed up with sutors‘." Journal of Legal History 7, no. 1 (1986): 68–83. http://dx.doi.org/10.1080/01440368608530853.

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49

Secord, Peter, and Lawrence T. Corrigan. "ANTi-History and the entrepreneurial work of privateers." Qualitative Research in Organizations and Management: An International Journal 12, no. 2 (2017): 94–110. http://dx.doi.org/10.1108/qrom-06-2016-1389.

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Purpose The purpose of this paper is to theorize the social role of management systems and their political connections using ANTi-History. In so doing, it engages with academic conversations around the writing of business history. The paper focuses on subjective experience in the context of colonial privateers and the vice-admiralty court in the Napoleonic Wars era. Design/methodology/approach ANTi-History is proposed as a theoretical lens to examine the entrepreneurial work of privateers. ANTi-History destabilizes the idea of history as a dominant account of the past and is interested in cont
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50

Panizza, Diego. "The 'Freedom of the Sea' and the 'Modern Cosmopolis' in Alberico Gentili's De Iure Belli." Grotiana 30, no. 1 (2009): 88–106. http://dx.doi.org/10.1163/016738309x12537002674321.

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AbstractThe purpose of the present study is the understanding of Gentili's position on the law of the sea as expressed in his classic De iure belli (Hanoviae 1598). The key constitutive elements turn out to be: 1) the idea of the sea as 'res communis' to all mankind, which amounts to the concept of 'freedom of the sea'; 2) 'jurisdiction' of the coastal state on the adjacent sea, even on the high seas, in order to police crime and prevent/punish piracy. As such these two key elements, if taken in isolation, are rooted in the civil law tradition, but their true meaning can only be captured by pl
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