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58 Infrastructure 1 (2018-2019)

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Vol. 58, No. 1, Fall 2018


A Century of Maritime Law and


Its Impact on Other Regulated


Industries

By  Charles A. Patrizia


Since the founding of our Section   in 1917, tech-
     nology has changed  the maritime industry and
     the industry has driven technological change. At
the same time, much  of the heritage of the maritime
industry and its governing body of law has remained
constant.

New Technologies, Time-Honored Law
Navigation is now aided by satellite, not sextant and the
sighting of the sun or stars. Cargo travels containerized,
and the role of stevedores to load and unload break bulk
cargo is reduced.' Diesel is the common power source,
not coal-fired steam (though wind power is touted as
resurgent). Automation has reduced crew size particularly
on merchant  vessels, even as vessel size increases. The
largest container vessel is now more
than 170,000 tons, yet caries a crew
of fewer than 30. The newest pas-
senger vessel-the Symphony   of the
Seas-will transport more than 6,000
passengers served by 2,000 crew
members,  whereas the Titanic could
transport 2,500 passengers served by
1,000 crew members.  Some coun-
tries' navies and merchant marines are
beginning to use drone vessels.            Patrizia

Charles A. Patrizia (charlespatrizia@paulhastings.com) is a
partner in the Paul Hastings Litigation practice and is based in
the firm's Washington D. C., office. He has more than 40 years of
experience in regulatory matters and complex dispute resolution.
He chairs the Section'ts Committee on Maritime Law.


   Yet with all those changes, the perils of the sea
remain. A person lost overboard will always be a speck
difficult to find in a rolling ocean. Storms still batter
ships, and despite advances in navigation, there are still
groundings and  collisions.
   And the law applicable to all these matters still draws
on hundreds  of years of admiralty cases and still car-
ries its own special vocabulary-general and specific
average, maintenance and cure, charter parties, and
insurance clubs. While virtually all of the usual claims
under the typical carriage or charter contracts are now
subject to arbitration and federal cases have declined,
arbitration decisions routinely cite U.S. and English
admiralty cases.2
                                   continued on page 7


INSIDE i                                                                      Depi.yi ent . Page 11


  Published in Infrastructure, Volume 58, Number 1, Fall 2018. © 2019 American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof
  may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

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