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Record W2552861674

Nova Scarred: The Implications of an International Ferry's Floating Jurisdiction on the Law of the Sea, the Lands, and the Flag

2016· article· en· W2552861674 on OpenAlexaboutno aff
Stephen Koerting

Bibliographic record

VenueOcean and coastal law journal · 2016
Typearticle
Languageen
FieldEnvironmental Science
TopicInternational Maritime Law Issues
Canadian institutionsnot available
Fundersnot available
KeywordsFlag (linear algebra)JurisdictionLawLaw of the seaInternational watersPolitical scienceInternational lawPublic international lawMathematics
DOInot available

Abstract

fetched live from OpenAlex

Regardless of whether the Nova Star is labeled as a “ferry” or “cruise” or a hybrid of the two, legal questions remain concerning application of law and jurisdiction to a foreign vessel traveling daily between two foreign ports during the summer months. The law forming the backdrop to possible legal claims is shaped by general maritime law, the laws of a vessel’s origin, state regulations, and a United States federal statute originating in 1920. The Merchant Marine Act of 1920, better known as the Jones Act, regulates maritime law and commerce in United States ports and between United States and foreign ports, and further provides legal claims for workers at sea. As this comment discusses further, the law that an employee or passenger falls under changes fluidly with uncertainty based upon several factors, including their role on the vessel, the location of circumstance that gave rise to their claim, and the origin of the vessel. These sometimes overlapping and sometimes conflicting laws already have an impact on how vessels like the Nova Star operate and could have an even further impact on the pending life of the Nova Star, including implications on wages, on-board injury, and liability. This comment addresses the struggles facing an international ferry in northeast North America, the issue of legal application of jurisdictional law touched by an international ferry, and the ferry’s likelihood of success. Part II provides a background of international ferries, particularly those that have serviced the coastline between Canada and Maine. It then discusses the revival of the Nova Star and its current state, and the international relations between the United States and Canada, as well as Maine and Nova Scotia. Part III delves deeper into the current state of the law surrounding a round-trip maritime route between Canadian and U.S. ports and the legal remedies available for those aboard the ferry. Part III further analyzes the factor determination employed by the courts and discusses whether the remedies would be available for a ferry cruise service like the Nova Star, given the competing laws at hand. Part IV concludes with a recommendation for clearer and more consistent application of maritime choice of law determinations to those employed on international ferries, made available through either judicial or legislative action.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.788
Threshold uncertainty score0.583

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0010.001
Scholarly communication0.0000.000
Open science0.0010.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.009
GPT teacher head0.226
Teacher spread0.218 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2016
Admission routes1
Has abstractyes

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