Document Type
Article
Abstract
The purpose of this Article is to interrogate the legal basis for holding foreign crewmembers against their will in connection with APPS prosecutions. Part I examines the underlying justification for prosecuting foreign vessel owners for foreign conduct under APPS. It first discusses the international anti-pollution regimen from which APPS emerged. Next, the Article explores the handful of cases in which APPS prosecutions have been challenged and for the most part sustained, and then offers a critique of the rationale for such prosecutions. Part II explores the lawfulness of the techniques to detain foreign crewmembers and press those crewmembers into the government’s service. Part III analyzes the protections that may be available for such seafarers. The Article concludes that the federal courts can and should prevent the government from holding innocent crewmembers against their will in pursuit of fines from their employers for extraterritorial conduct.
First Page
31
Recommended Citation
Edward MacColl & Marshall Tinkle,
Detention of Foreign Seafarers and Vessels: Pollution Prevention or Piracy?,
30
Ocean & Coastal L.J.
31
(2025).
Available at:
https://digitalcommons.mainelaw.maine.edu/oclj/vol30/iss1/3
Included in
Admiralty Commons, Comparative and Foreign Law Commons, Constitutional Law Commons, Criminal Law Commons, International Law Commons, Judges Commons, Jurisdiction Commons, Law of the Sea Commons
