Publications
The Criminalization of Maritime Accidents and MARPOL Violations in the United States
The article "The Criminalization of Maritime Accidents and MARPOL Violations in the United States," by Michael G. Chalos, was published in the University of San Francisco Maritime Law Journal, Vol. 23, Number 2, 2010-11 edition. This article discusses the legal authority for the prosecution of alleged environmental regulations, the basis for criminal liability, the prosecution of violations arising from marine accidents, and the criminal investigations and prosecutions of deliberate violations in the United States. To read a full copy of this article, please click here.
For information on the University of San Francisco Maritime Law Journal, please click here.
Bills of Lading – Authority to Issue
An analysis of the United States Fifth Circuit Court of Appeals decision in QT Trading, LP v. M/V SAGA MORUS, by Michael G. Chalos and Ryan Gilsenan, was published in Steamship Mutual's Sea Venture newsletter, in summary form, and on Steamship Mutual's website. According to the Fifth Circuit, when a sub-charterer issued bills of lading to a shipper, failed to conform those bills of lading to the Mate's Receipts, and exceeded its authority by failing to sign the bills of lading in accordance with the Master's instructions, or even "by authority of the master," the shipper could not bring an in personam claim against the vessel's owner or head-charterer pursuant to U.S. COGSA for cargo damage. To read a full copy of this analysis, please click here.
A summary of this article first appeared in issued 18 of Steamship Mutual's Sea Venture newsletter at page 9. To access copies of the Sea Venture newsletters click here. To see the article, as published on Steamship Mutual's website, and a companion analysis of the same facts under English Law, please click here.
The Steamship Mutual website can be reached by clicking here.
The U.S. Coast Guard MARPOL Investigations: A Maritime Lawyer's Perspective
The article "The U.S. Coast Guard MARPOL Investigations: A Maritime Lawyer's Perspective," by Michael G. Chalos, was published in the American Club's Currents, Issue Number 32, June 2011 edition. The article discusses the legal framework for MARPOL investigations and prosecutions, as well as insight into the investigative process, utilized by the United States Coast Guard and United States Department of Justice. To read a copy of this article, as published in Currents, please click here.
The International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001
The Criminalization of Maritime Accidents