BOW WAVE 260

Bow Wave Issue 260--15 Years Ago Edition

news and views on trade, insurance and risk

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Wavy Line	sam@wavyline.com
(c)2004 WavyLine.com	Issue No 260 15 Nov 04
Published free of charge to Readers
Editor: Sam Ignarski
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In this issue:

1. Welcome
2. 15 Years Ago
3. U.S. Supreme Court upholds Himalaya Clause
4. Diploma in Yacht & Small Craft Surveying
5. Institute of Chartered Shipbrokers Annual Dinner Dance
6. And Finally...

1. Welcome

April Day in November, Edinburgh

The sun punches through the cloud gaps
with strong fists and the wind
buffets the buildings
with boisterous good will.

Bad memories are blown away
over the capering sea. Life
pulls up without straining
the jungle tangle between us
and the future.

Easy to forget
the last leaves thicken the ground
and the last roses are dying
in their sad, cramped hospitals.

For gaiety's funfair whirls
in the gray squares. Energy
sends volts from suburb to suburb.

And April, gay trespasser,
dances the dark streets of November,
Pied Piper leading a procession
of the coloured dreams of summer.

Norman MacCaig, from Collected Poems (Chatto and Windus).

New Readers this week include:

Mirantha Perera in Sierra Lanka
Attorney John Devlin
Bill Cunningham of PIMSIC in Antigua
Ron Hayes, Chairman,Pacific Marine & Energy Resources in Oregon Underwriter Richard Tucker of Messrs Bilbrough

Readers Write

From David Alderson:-

I have recently opened a law practice in Toronto, Canada dedicated to providing advice and representation in shipping, insurance, reinsurance, banking and other commercial litigation and arbitration. Prior to moving to Canada, I practised with Holman Fenwick & Willan in London, Conyers Dill & Pearman in Bermuda and Afridi & Angell in Dubai. I have been admitted to practice in Ontario (Canada), England & Wales and Bermuda and my admission to the New York State Bar is presently pending.

The website can be viewed at:-

http://www.alderson.ca

Contact him at:-

dalderson@alderson.ca

This week has seen your editor away on duties in Germany but maybe after the prolix issues of the last few weeks, a briefer edition may be welcome in any event.

Enjoy.

2. 15 Years Ago

15 Years ago and about 6 weeks, your editor and claims man Andrew Trasler returned from a routine journey to Rostock, where we had gone to deal with Hartmud Kroh, Darag and container insurance. After nearly a decade of travelling around the old COMECON countries, dealing with insurance officials and transport covers, we were as oblivious to the scale of the changes about to unfold as were the professional east watchers. We returned home six weeks before the fall of the Wall and wrote trip notes assuming the world we knew, with certain changes, would stagger on. You might call it one of the key lessons in your editor's life--how modern life contains the seeds of change and how modern techniques can fool the eye and mind way past the time when we should know better. The shape of things to come lies all around us in the margins, at the periphery, mostly unnoticed. ,
http://english.pravda.ru/printed.html?news_id=14565

3. U.S. Supreme Court upholds Himalaya Clause

It is not that often that the highest court in America gets around to ruling on the industries covered in Bow Wave. The Holland and Knight website, so ably stocked by Dennis Bryant has this to say:-

In a unanimous decision, the U.S. Supreme Court upheld the validity of the Himalaya Clause for in inland carrier. In the instant case, an Australian manufacturer shipped cargo from Australia to Huntsville, Alabama, via Savannah, Georgia. The shipper contracted with a freight forwarder for the shipment and the bill of lading issued by the NVOCC included a Himalaya Clause extending the COGSA liability limitations to downstream parties. The freight forwarder contracted with a vessel operator for actual carriage of the cargo. The bill of lading issued by the vessel operator likewise included a Himalaya Clause. The vessel operator contracted with a railroad company for carriage of the cargo from Savannah to Huntsville. En route, the train derailed and the cargo was damaged. The shipper brought suit against the railroad, among others. The railroad contended that its liability was limited under COGSA by means of the Himalaya Clauses. The trial court agreed with the railroad, but this was overturned by the appellate court, which held that there was no privity of contract between the shipper and the railroad as required by state law. On review, the U.S. Supreme Court ruled that the contract was maritime in nature and the need for a uniform maritime approach is not affected by the fact that this damage was incurred during the inland portion of the transit. State interests in this matter cannot be accommodated without defeating the more important federal interest in efficient maritime commerce. The court held that the railroad was entitled to avail itself of the COGSA limits of liability by means of the two Himalaya Clauses.

Norfolk Southern Railway Co. v. James N. Kirby, Pty Ltd., No. 02-1028 (November 9, 2004).

For a longer note go to:-

http://www.hklaw.com/Publications/MaritimeDev.asp

4. Diploma in Yacht & Small Craft Surveying

Jean-Claude Vacassin writes:-

Could I bring your Readers' attention to the Diploma in Yacht & Small Craft Surveying published by the International Institute of Marine Surveying (IIMS).

It is a year long course delivered by distance learning and comprises of nine compulsory core modules and a range of optional specialist modules.

The course offers:

-->A career path for new surveyors
-->An option for the seafarer coming ashore and seeking a new career -->For current surveyors a way to extend and develop their knowledge base -->A professional and internationally recognised qualification

The course is recognised, amongst others, by the IMarEST, the Royal Institute of Naval Architects (RINA) and the Marine Society as meeting their criteria for Contined Professional Development.

The course brochure can be viewed through our website in the event management section:-

http://www.mpigroup.co.uk

5. Institute of Chartered Shipbrokers Annual Dinner Dance

Jeffrey Blum writes:

Our Annual Dinner Dance will be held at:

The Four Seasons Hotel

Park Lane, W1

Friday 26th November 2004

£75 per ticket

Complimentary Reception Drinks

Entertainment from Theo the Magician (Magic Circle Member)

Auction led by Will O'Reilly of Christie's Auction House

Music from The fm Band

Tombola

All Proceeds in Support of

The Great Ormond Street Hospital Children's Charity and
The ICS Educational Trust Fund

Event Sponsors include Ince and Co., International Law Firm, London All enquiries to Target Events at :-

ICS@targetevents.com

Tel: 020 8760 9222
Fax: 020 8760 9223.

6. And Finally..

Thanks to Serena Standing for this reminder on the universal benefits of intolerance and fundamentalism.

Dealing with Abominations

Laura Schlesinger is a US radio personality who dispenses advice to those who call in to her show. Recently she said that homosexuality was an abomination according to Leviticus 18:22. She received the following letter in reply from a US resident who also posted it on the Internet.

Dear Dr. Laura,

Thank you for doing so much to educate people regarding God's law. I have learned a great deal from your show and I try to share that knowledge with as many people as I can. When someone tries to defend the homosexual lifestyle for example, I simply remind them that Leviticus 18:22 clearly states that it is an abomination. End of debate.

However I do need some advice from you on some of the specific laws and how best to follow them.

--When I burn a bull on the altar as a sacrifice, I know it creates a pleasing odour for the Lord (Lev.1:9) The problem is my neighbours. They claim the odour is not pleasing to them. Should I smite them?
--I would like to sell my daughter into slavery, as sanctioned in Exodus 21:7. In this day and age, what do you think would be a fair price for her?
-- I know that I am allowed no contact with a woman when she is in her period of menstrual uncleanliness (Lev. 15:19-24) The problem is, how do I tell? I have tried asking but most women take offence.
-- Lev. 25:44 states that I may indeed possess slaves, both male and female, provided they are purchased from neighbouring nations. A friend of mine claims that this applies to Mexico but not to Canada. Can you clarify? Why can't I own Canadians? --I have a neighbour who insists on working on the Sabbath. Exodus 35:2 clearly states he should be put to death. Am I morally obliged to kill him myself?
--A friend of mine feels that even though eating shellfish is an abomination (Lev. 11:10), it is a lesser abomination than homosexuality. I don't agree. Can you settle this please? --Lev. 21:20 states that I may not approach the altar of God if I have a defect in my sight. I have to admit that I wear reading glasses. Does my vision have to be 20/20 or is there some wiggle room here?
--Most of my male friends get their hair trimmed, including the hair round their temples, even though this is expressly forbidden (Lev. 19:27). How should they die?
--I know from Lev. 11:6-8 that touching the skin of a dead pig makes me unclean, but may I still play football if I wear woolly gloves?
--My uncle has a farm. He violates Lev.19:19 by planting two different crops in the same field, as does his wife by wearing garments made of two different kinds of thread (cotton/polyester blend). He also tends to curse and blaspheme a lot. Is it really necessary that we go to all the trouble of getting the whole town together to stone them? (Lev. 24:10-16). Couldn't we just burn them to death at a private family affair like we do with people who sleep with their in-laws? (Lev. 20:14)

I am confident that you can help in all these matters, and thank you for reminding us that God's word is eternal and unchanging.

Your adoring fan

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