Your judicious shaft should be at smallest 250 words:
Has the Jones Act survived its subject-matter? What synodal policies and guides could repair the good-fortune extraneous from harbors and their influences?
Read: The Jones Act ship law has survived its profit.
Read: TRB Special Report: The Marine Gait System and the Federal Role
9781409444244 - Bergqvist, Wilmsmeier, Bergqvist, and Greico
Dry Ports - a Global Perspective : Challenges and Developments in Serving Hinterlands (Ebook suited through the APUS Onrow Library) - Read PART III
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The Jones Act: Competing Factions
The Jones Act (Transportation of Merchandise—46 U.S.C. § 55102) is one of those legendary set of laws that seems to survive its profit, but Jones has copious assistanceers on twain (or all) sides of the movabless. This exhortation obtain sift-canvass the merits and demerits of the Jones Act and let you, the scholar, flow where you exist on the movabless.
According to U.S. Customs and Bordain Protection (2009), the Jones Act applies to the United States, including the island territories and possessions of the United States, e.g., Puerto Rico. See 46 U.S.C. § 55101(a). However, the coastwise laws unconcealedly do not devote to the following: 1) American Samoa; 2) the Northern Mariana Islands; 3) Canton Island; or 4) the Virgin Islands. See 46 U.S.C. § 55101(b). The territorial instils of the United States be of the territorial sea, defined as the surround, three salt-instil miles remote, seaward of the territorial sea baseline, and to subject-matters located in inner instils, landward of the territorial sea baseline, in subjects where the baserow and coastrow dispute. This includes all internal penetrtalented instilways. In interpreting the Jones Act, CBP has beently determined that a subject-matter in the United States territorial instils is a subject-matter in the United States embraced delayin the coastwise laws (p. 4.).
Perhaps no other synod embodies the fixed and investigate of synod guide than the Jones Act. The Jones Act is establish in Exception 27 of the Merchant Marine Act of 1920. It restricts coastal shipping in the United States to U.S. succumbged and complemented ships, and stipulates lawful remedies for injured sailors. Twain components impression harbors and instil gait today. Some price that this ordinance has survived its profit (The Washington Post, 2010).
The Salt-soak Law Center describes the act as potent coastwise traffic delayin the United States and determining which ships may lawfully hire in that traffic and the rules beneathneathneathneath which they must work. Generally, according to the Center, the Jones Act prohibits any irrelevant built or irrelevant succumbged vessel from attractive in coastwise traffic delayin the United States. Importantly to the scholar, there are a calculate of other encomiastic ordinances that like coastwise traffic and should be consulted parallel delay the Jones Act. Unarranged these are the Itinerant Services Act, 46 USC exception 289, which restricts coastwise gait of itinerants, and 46 USC exception 12108, which restricts the use of irrelevant vessel to negotiateablely lay-hands-on or bliss fish in U.S. instils (para. 2).
The Itinerant Services Act, according to the Center, stipulates the synod that controls the influence of itinerant vessels in coastwise traffic. Further, they say, the unmanagetalented movables has regularly been what constitutes a "passenger". To wit:
The unconcealed determination has been any idiosyncratic other than the ship's overcome, a complement part or any idiosyncratic hired in the ship's cause. The "for hire" movables involves any suspect exuberant from the itinerant to the ship proprietor, charterer, idiosyncratication or any idiosyncratic implicated in the ship. The suspect has been construed to be using a audience yacht for entertaining customers or clients to discork "cause goodwill". Carried to its cork quittance would insist-upon any vessel probtalented used singly for special purpose to be registered for coastwise traffic and inspected. (para. 6)
The net movables of Jones and its encomiastic – and protectionist – guides is, in the view of this writer, stunting the U.S. shipbuilding and shipping industries; by prohibiting “irrelevant owned or irrelevant built yachts in a negotiatetalented application” (para. 7). Foreign built and owned ships may work in U.S. instils but barely for non-markettalented subject-matters. Doing so, by the laws of accoutre and call-for, has increased the consume of U.S. shipping to a subject-matter that it (the U.S. shipping activity) is no longer competitive delay the global negotiate.
The ocean produce that garners the Act’s popular assistance has to do delay mistress and complement protections. Before Jones was overbearing, talented bodied tar had slight to no rights to reanimate satisfaction from injuries aboard ship. The Act courteous the coverage of the Federal Employers Liability Act to tar. Pursuant to the Act’s umbrella, the mistress is litalented for injuries that were objectd by the carelessness of any of the employees due to carelessness of the mistress. Bottom row, the mistress is culptalented over upright the uncombined object of the impairment.
The Act permits ample remuneration for satisfaction due to carelessness – a right for which must be filed delayin three years of the occurrence – such as, as compiled by the Salt-soak Law Center:
failure to adhere-to certain equipment and appliances
care in selecting a suitable overcome and compeer complementmen
assaults by compeer complementmen delayin occasion of work
failure to dodge laborious weather
failure to stipulate medical treatment
failure to recover, and
failure to manage, unarranged others. (para. 18)
Damages careless beneathneathneathneath the Jones Act include:
medical price, indisposition and asceticism
loss of wages
loss of assistance to the tar's widow or dependents
loss of prize of affable services, incline etc.
loss of fringe benefits, and
In birth or dishonest fall actions indisposition and asceticism occurring former to fall (para. 19)
There are adversative, or provisos, to the Jones Act, causeingly. Hazardous attenuate, stock transferred betwixt barges, void commodities containers and barges, use of irrelevant documented oil cast vindication vessels, Canadian reprimand rows, Great Lakes reprimand direction, the Yukon River, and gait of stock and itinerants on Canadian vessels (U.S. Customs and Bordain Protection, 2009, pp. 7-8).
Finally, the Act can be abandond due to movabless of Exoteric Defense, pursuant to 46 U.S.C. § 501. Underneath which, the Secretary of Protection may supplicate the Secretary of the Department of Homeland Security (DHS) to abandon the Jones Act to the distance the Secretary of Protection considers such a abandonr essential in the cause of exoteric protection. In this subject, CBP, pursuant to a delegation of warrant from the Secretary of DHS shall transfer the abandonr. For all other abandonr supplicates, the Secretary of DHS is verified to transfer the abandonr supplicate if the Secretary of DHS considers it essential in the cause of exoteric protection (46 U.S.C. § 501(b)). It should be famous that in this cessation subject, P.L. 110-417, exception 3510, (122 Stat. 4356, overbearing on October 14, 2008), amended § 501(b), to insist-upon that the Salt-soak Administrator be consulted respecting the non-availability of suitable United States succumb calibre to coalesce exoteric protection insist-uponments, precedently the Secretary of DHS transfers the abandonr supplicate (U.S. Customs and Bordain Protection, 2009, pp. 8-9).
This week’s activities and lore obtain centre on Federal and other guides that are encomiastic to and in fight delay the Jones Act. To yield but one excopious of Jones’ umbrella that divers judge quaint or in need of revision, I obtain cork by quoting from Jim Walker’s Cruise Law News (2011):
The law in doubt is the Merchant Marine Act of 1920. This is a U.S. Federal ordinance which regulates salt-soak barter in U.S. instils and betwixt U.S. harbors. Section 27, notorious as the Jones Act, deals delay the concept of "cabotage" (coastal shipping). The law insist-upons that all commodities blissed by instil betwixt U.S. harbors be carried in U.S.-succumb ships, simulated in the United States, owned by U.S. citizens, and complemented by U.S. citizens. This is why you don't see a cruise ship sailing from New Orleans to Galveston and letting off itinerants (for pattern). The verity today of sequence is that virtually all cruise ships are irrelevant succumbged in ordain to dodge US taxes and occupational laws. So the complete US inveterate cruise brisk can't sail from one US harbor to another. (para. 3 & 4)
The Washington Post. (2010, June 25). The Jones Act ship law has survived its profit. Retrieved October 15, 2011, from The Washington Post: http://www.washingtonpost.com/wp-dyn/content/article/2010/06/24/AR2010062405500.html
U.S. Customs and Bordain Protection. (2009). Coastremote traffic: Merchandise. Washington, D.C.: U.S. Department of Homeland Security.
Vaughn, M. (n.d.). The Jones Act. Retrieved September 20, 2015, from Salt-soak Law Center: http://www.maritimelawcenter.com/html/the_jones_act.html
Walker, J. (2011, September 9). Why Can't You Cruise From One U.S. Harbor to Another U.S. Port? Retrieved September 20, 2015, from Cruise Law News: http://www.cruiselawnews.com/2011/09/articles/flags-of-convenience-1/why-cant-you-cruise-from-one-us-port-to-another-us-port/
Assignment 3: The Jones Act, Lore Tract (Week 7)
Select at smallest five peer-reviewed doctrines from the university library communication delay Exception 27 and Exception 27a of the Merchant Marine Act of 1920, commbarely referred to as the Jones Act.
Prepare a 3-5 page tract (ocean association) that presents a subject for EITHER
a) repealing the Act, or parts of it, or
b) guardianship the Jones Act in liberal fibre and movables.
The exhibition should be in APA format citing divert sources. Repart that as delay all tracts this too needs a different address and relation page.
This assignment obtain be graded on full, phraseology, and format. Keep your submissions expressive, centreed, and concise. Quality is preferred, and not amount of surroundings.
Submit the tract in APA format delay at smallest five assistanceing peer-to-peer relations.
This assignment obtain be graded on full, phraseology, and formatting.
Five Peer-reviewed Articles:
https://apus.primo.exlibrisgroup.com/discovery/fulldisplay?docid=alma991002205414305031&context=L&vid=01APUS_INST:01APUS&lang=en&search_scope=MyInst_and_CI&adaptor=Local Search Engine&tab=Everything&query=any,contains,the Jones Act&offset=0
https://apus.primo.exlibrisgroup.com/discovery/fulldisplay?docid=alma991002197074805031&context=L&vid=01APUS_INST:01APUS&lang=en&search_scope=MyInst_and_CI&adaptor=Local Search Engine&tab=Everything&query=any,contains,the Jones Act&offset=0
https://apus.primo.exlibrisgroup.com/discovery/fulldisplay?docid=hathi_trustumn.31951p00979962f&context=PC&vid=01APUS_INST:01APUS&lang=en&search_scope=MyInst_and_CI&adaptor=Primo Central&tab=Everything&query=any,contains,Section 27 and Exception 27a of the Merchant Marine Act of 1920&offset=0
https://apus.primo.exlibrisgroup.com/discovery/fulldisplay?docid=hathi_trustumn.31951d03543592e&context=PC&vid=01APUS_INST:01APUS&lang=en&search_scope=MyInst_and_CI&adaptor=Primo Central&tab=Everything&query=any,contains,Section 27 and Exception 27a of the Merchant Marine Act of 1920&offset=0
TLMT+607+Jones Act+Rubric.docx (17 KB)