The Jones Act - and the Oil Spill
June 21st 2010 23:49
Within days of the oil spillage in the Gulf we have heard that several European Countries have told our nation’s leaders that they would provide help and have technology that would help clean up the spill in half the time reports say 4 months versus the U. S. experts that say it will take nine months. There is a Belgian Firm that says with a concentrated effort it can clean up the spill at a depth of 2,000 meters. Not only did the Belgians offer assistance so did the Dutch and they have from what I read the same type of technology. These two countries have been peaceful allies as well as members of NATO. On several occasions they have partnered with the United States during international security operations. So, what is the problem? YOU are now beginning to hearing about the Jones Act so what is the Jones Act you ask. Good question and I have attached it to this posting. You decide if the President should have granted the waiver or accepted the help by executive order temporarily rescinding the Jones Act.
"Jones Act
Merchant Seaman Protection and Relief 46 USCS Appx § 688 (2002) Title 46. Appendix. Shipping Chapter 18.
(a) Application of railway employee statutes; jurisdiction. Any seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right of trial by jury, and in such action all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply; and in case of the death of any seaman as a result of any such personal injury the personal representative of such seaman may maintain an action for damages at law with the right of trial by jury, and in such action all statutes of the United States conferring or regulating the right of action for death in the case of railway employees shall be applicable. Jurisdiction in such actions shall be under the court of the district in which the defendant employer resides or in which his principal office is located.
(b) Limitation for certain aliens; applicability in lieu of other remedy.
(1) No action may be maintained under subsection (a) or under any other maritime law of the United States for maintenance and cure or for damages for the injury or death of a person who was not a citizen or permanent resident alien of the United States at the time of the incident giving rise to the action, if the incident occurred—
(A) while that person was in the employ of an enterprise engaged in the exploration, development, or production of offshore mineral or energy resources--including but not limited to drilling, mapping, surveying, diving, pipelaying, maintaining, repairing, constructing, or transporting supplies, equipment or personnel, but not including transporting those resources by a vessel constructed or adapted primarily to carry oil in bulk in the cargo spaces; and
(B) in the territorial waters or waters overlaying the continental shelf of a nation other than the United States, its territories, or possessions. As used in this paragraph, the term "continental shelf" has the meaning stated in Article I of the 1958 Convention on the Continental Shelf.
(2) The provisions of paragraph (1) of this subsection shall not be applicable if the person bringing the action establishes that no remedy was available to that person—
(A) under the laws of the nation asserting jurisdiction over the area in which the incident occurred; or
(B) under the laws of the nation in which, at the time of the incident, the person for whose injury or death a remedy is sought maintained citizenship or residency." (References 1 and 2 below.)
I would also challenge you that when you read this also make the determination if you think this Act is needed anymore and if you think it might be hurting jobs as opposed to helping them. Remember that Jones Act was signed into Law by President Woodrow Wilson on March 2, 1917. Some laws do outgrow their usefulness.
Remember if you click on the words really long link - it will take you to the reference.
References:
Really Long Link
Really Long Link
Really Long Link
Really Long Link
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"Jones Act
Merchant Seaman Protection and Relief 46 USCS Appx § 688 (2002) Title 46. Appendix. Shipping Chapter 18.
(a) Application of railway employee statutes; jurisdiction. Any seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right of trial by jury, and in such action all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply; and in case of the death of any seaman as a result of any such personal injury the personal representative of such seaman may maintain an action for damages at law with the right of trial by jury, and in such action all statutes of the United States conferring or regulating the right of action for death in the case of railway employees shall be applicable. Jurisdiction in such actions shall be under the court of the district in which the defendant employer resides or in which his principal office is located.
(1) No action may be maintained under subsection (a) or under any other maritime law of the United States for maintenance and cure or for damages for the injury or death of a person who was not a citizen or permanent resident alien of the United States at the time of the incident giving rise to the action, if the incident occurred—
(A) while that person was in the employ of an enterprise engaged in the exploration, development, or production of offshore mineral or energy resources--including but not limited to drilling, mapping, surveying, diving, pipelaying, maintaining, repairing, constructing, or transporting supplies, equipment or personnel, but not including transporting those resources by a vessel constructed or adapted primarily to carry oil in bulk in the cargo spaces; and
(B) in the territorial waters or waters overlaying the continental shelf of a nation other than the United States, its territories, or possessions. As used in this paragraph, the term "continental shelf" has the meaning stated in Article I of the 1958 Convention on the Continental Shelf.
(2) The provisions of paragraph (1) of this subsection shall not be applicable if the person bringing the action establishes that no remedy was available to that person—
(A) under the laws of the nation asserting jurisdiction over the area in which the incident occurred; or
(B) under the laws of the nation in which, at the time of the incident, the person for whose injury or death a remedy is sought maintained citizenship or residency." (References 1 and 2 below.)
I would also challenge you that when you read this also make the determination if you think this Act is needed anymore and if you think it might be hurting jobs as opposed to helping them. Remember that Jones Act was signed into Law by President Woodrow Wilson on March 2, 1917. Some laws do outgrow their usefulness.
Remember if you click on the words really long link - it will take you to the reference.
References:
Really Long Link
Really Long Link
Really Long Link
Really Long Link
Really Long Link
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