SEAWORTHINESS: A NEW CALCULUS FACTORS IN ENVIRONMENTAL FRIENDLINESS: Mobil Shipping & Transportation Co. v. Wonsild Liquid Carriers, Ltd., 190 F.3d 64, 1999 AMC 2705 (2d Cir. 1999)

摘要

In Mobil Shipping Transportation Co. v. Wonsild Liquid Carriers Ltd., the United States District Court for the Southern District of New York introduced a new criterion for the assessment of seaworthiness. In 1999, the additional consideration―risk of environmental damage―received the approval of the United States Court of Appeal for the Second Circuit. Whether the fashionable notion of environmental seaworthiness will be confirmed by a higher tribunal, or accepted by other jurisdictions, remains to be seen. The case has left something for twenty-first century judges and lawyers to ponder and evaluate. One can safely predict that, in our current climate of eco-friendli-ness, any cause that safeguards the environment will receive a hearing. However, its adoption depends as much upon the strength of its foundation as upon the personal orientation of the judge trying the case. The purpose of this case note is to examine whether it has any real basis in law and to discuss various related aspects of seaworthiness.