Skip to main content
Tulane Home Tulane Home
Martin J. Davies
  • Admiralty Law Institute Professor of Maritime Law
  • Director, Maritime Law Center
  •  
  • mdavies@tulane.edu
  • Weinmann Hall, Room 255-F
  • 504-862-8824
Martin Davies

Selected Publications

“Parallel proceedings for insolvency and limitation of liability,” [2015] Lloyd’s Maritime and Commercial Law Quarterly 24.

“Insurers’ pre-contractual disclosure obligations: the position in the United States of America,” 23 Insurance Law Journal 70 (2012).

“Forum Selection, Choice of Law and Mandatory Rules,” [2011] Lloyd’s Maritime and Commercial Law Quarterly 237.

“Deepwater Horizon: Removal Costs, Civil Damages, Crimes, Civil Penalties, and State Remedies in Oil Spill Cases,” 85 Tulane Law Review 889-982 (2011) (with Robert Force and Joshua Force).

“Liability issues raised by the Deepwater Horizon blowout,” 25 Australia & New Zealand Maritime Law Journal 35-48 (2011).

“Documents That Satisfy the Requirements of CISG Art. 58,” 49(3) Belgrade Law Review (Annals of the Faculty of Law of Belgrade) 39-66 (2011).

“More Lawyers but Less Law: Maritime Arbitration in the 21st Century,” 24 Australia & New Zealand Maritime Law Journal 13-20 (2010).

“Choice of Law and U.S. Maritime Liens,” 83 Tulane Law Review 1435-61 (2009).

“Legal and Practical Aspects of Salvage in the United States” [2009] Lloyd’s Maritime and Commercial Law Quarterly 28-41.

“Whatever Happened to the Salvage Convention 1989?” 39 Journal of Maritime Law & Commerce 463-504 (2008).

“Choice of Law After the Civil Liability Legislation,” 17 Torts Law Journal 104-119 (2008).

“Court-ordered Interim Measures in Aid of International Commercial Arbitration,” 17 American Review of International Arbitration 299-334 (2008).

“McDermott v. AmClyde: The Quiet Achiever,” 39 Journal of Maritime Law & Commerce 11-25 (2008).

“Bypassing the Hague Evidence Convention: private international law implications of the use of video and audio conferencing technology in transnational litigation,” 55 American Journal of Comparative Law 205-237 (2007).

“Litigation fights back: avoiding the effects of arbitration clauses in charterparty bills of lading,” 35 Journal of Maritime Law and Commerce 617-43 (2004).

“Forum selection clauses in maritime cases,” 27 Tulane Maritime Law Journal 367-87 (2003).

“Obligations and implications for ships encountering persons in need of assistance at sea,” 12 Pacific Rim Law & Policy Journal 109-41 (2003).

“Time to change the federal forum non conveniens analysis,” 77 Tulane Law Review 309-86 (2002).

“Foreign maritime liens: should they be recognised in Australian courts?,” 76 Australian Law Journal 775-82 (2002) (with Kate Lewins).

“In defense of unpopular virtues: personification and ratification,” 75 Tulane Law Review 337-411 (2000).

“Subrogation, contribution and insurance law: an Australian view,” [2000] Restitution Law Review 70-81.

“Just (don”t) do it: ethics in international trade,” 21 Melb U L Rev 601-20 (1997). “Common law liability of statutory authorities,” 27 UWAL Rev 21-43 (1997).

“Evidence, documents and preliminary discovery in international litigation,” 26 UWAL Rev 286-308 (1996).

“Exactly what is the Australian choice of law rule in torts cases?,” 70 Australian Law Journal 711-22 (1996).

“Proximate cause in insurance law,” 7 Insurance Law Journal 135-151 (1996).

“Too little imagination or too much? Phillips v Eyre revisited yet again,” 3 Torts Law Journal 273-298 (1995).

“Two views of free in and out, stowed clauses in bills of lading,” 22 Australian Business Law Review 198-207 (1994).

“Conflict of laws issues in fatal accidents actions,” 1 Torts Law Journal 45-62 (1993).

“The liability of auditors to third parties in negligence,” 14 UNSWLJ 171-197 (1991).

“The elusive carrier: whom do I sue and how?,” 19 Australian Business Law Review 230-247 (1991).

“Equitable relief against withdrawal for non-payment of hire in time charterparties,” 18 Australian Business Law Review 328-337 (1990).

“‘Special skill’ in negligent misstatement,” 17 Melbourne University Law Review 484- 496 (1990).

“Private nuisance, fault and personal injuries,” 20 UWA Law Review 129-142 (1990).

“What price a gold sovereign? - Limitation of liability under the Hague Rules,” 6 Australian Bar Review 49-55 (1990).

“The off-hire clause in the New York Produce Exchange time charterparty” [1990] Lloyd’s Maritime and Commercial Law Quarterly 107-113.

“The end of the affair: duty of care and liability insurance,” 9 Legal Studies 67-83 (1989). (Highly Commended by the Australian Insurance Law Association, 1988).

“Limiting shipowners” liability for economic loss,” 16 Australian Business Law Review 271-281 (1988) (with Guy Lawson).

“Reading cases,” 50 Modern Law Review 409-431 (1987).

“Negligently caused economic loss: a restatement,” 16 UWA Law Review 209-218 (1985). “The road from Morocco: Polemis through Donoghue to no-fault,” 45 Modern Law Review 534-555 (1982).

Book Reviews

CONFLICT OF LAWS IN AUSTRALIA, 5TH ed., by P. E. Nygh, 45 INT'L & COMP. L. Q. 759 (1996)

VOYAGE CHARTERS, by J. Cooke et al., 1995 LLOYD'S MAR. & COM. L. Q. 299 (1995)

THE LEGISLATIVE HISTORY OF THE CARRIAGE OF GOODS BY SEA ACT, by M. F. Sturley, 20 AUST. BUS. L. REV. 529 (1992)

WITHOUT THE LAW: ADMINISTRATIVE JUSTICE AND LEGAL PLURALISM IN NINETEENTH-CENTURY ENGLAND, by H. Arthurs, 5 LAW IN CONTEXT 90 (1987)

LAW AND LEGAL SCIENCE, by J. Harris, 44 MOD. L. REV. 650 (1981)

Books

*editor

JURISDICTION AND FORUM SELECTION IN INTERNATIONAL MARITIME LAW: ESSAYS IN HONOR OF ROBERT FORCE (ed. Martin Davies, Kluwer Law International, 2005).

Books and Book Chapters

INTERNATIONAL TRANSACTIONS IN GOODS: GLOBAL SALES IN COMPARATIVE CONTEXT (Oxford University Press, 2014), with David V. Snyder.

NYGH’S CONFLICT OF LAWS IN AUSTRALIA (LexisNexis Butterworths, 9th ed., 2014), with Andrew Bell, S.C. and Justice Paul Brereton. Eighth edition (with Bell and Brereton) 2010; seventh edition (with Peter Nygh) 2002.

  • Eighth edition (with Bell and Brereton) 2010; seventh edition (with Peter Nygh) 2002.

ADMIRALTY AND MARITIME LAW: PRACTITIONER’S EDITION (2 volumes)(Beard Books, 2005), with Robert Force and A.N. Yiannopoulos. • Revised editions published 2008, 2012. ADMIRALTY AND MARITIME LAW: ABRIDGED EDITION (Beard Books, 2006), with Robert Force and A.N. Yiannopoulos.

  • Revised edition published 2008.

SHIPPING LAW (Thomson LawBook Co, 3rd ed., 2004), with Anthony Dickey, Q.C.

  • Second edition 1995; first edition 1990.

INTERNATIONAL TRADE LAW: COMMENTARY AND MATERIALS (Thomson LawBook Co., 2nd ed., 2004), with Michael Pryles and Jeff Waincymer. • First edition 1996. TORTS (LexisNexis Butterworths, 7th ed., 2015), with Ian Malkin. • First edition 1992; second edition 1995; third edition 1999; fourth edition 2003; fifth edition 2008; sixth edition 2012.

CONFLICT OF LAWS: COMMENTARY AND MATERIALS (Butterworths, 1997), with Sam Ricketson and Geoffrey Lindell.

Incorporation of charterparty terms into bills of lading held by third parties: choice of law issues, in THIRD PARTIES’ RIGHTS AND LIABILITIES UNDER BILLS OF LADING (ed. F. Lorenzon, Taylor & Francis, 2014).

Admiralty and maritime jurisdiction in the United States: “Same same but different,” in INTERNATIONAL COMMERCIAL LAW AND ARBITRATION: PERSPECTIVES 145-57 (ed. N. Perram, Ross Parsons, 2014).

Excuse of impediment and its usefulness, in INTERNATIONAL SALES LAW: A GLOBAL CHALLENGE 295-306 (ed. L. DiMatteo, Cambridge University Press, 2014).

Maritime law: the epitome of transnational legal authority in BEYOND TERRITORIALITY: TRANSNATIONAL LEGAL AUTHORITY IN AN AGE OF GLOBALIZATION 327-40 (eds. G. Handl, J. Zekoll & P. Zumbansen, Kluwer International, 2012).

Product liability in FLEMING’S THE LAW OF TORTS 555-85 (eds. Carolyn Sappideen and Prue Vines 10th ed., 2011).

Australia in TRANSFER OF OWNERSHIP IN INTERNATIONAL TRADE 1-30 (2nd ed., eds., A. von Ziegler, C. Debattista, A. Plégat and J. Windahl, 2011).

Warranties and utmost good faith in U.S. marine insurance contracts, in THE MODERN LAW OF MARINE INSURANCE, VOLUME THREE 81-100 (ed. D. Rhidian Thomas, 2009).

Classification society liability in the United States, in LIABILITY REGIMES IN CONTEMPORARY MARITIME LAW 129-147 (ed. D. Rhidian Thomas, 2007).

Forum selection clauses in international maritime contracts, (with Robert Force) in JURISDICTION AND FORUM SELECTION IN INTERNATIONAL MARITIME LAW: ESSAYS IN HONOR OF ROBERT FORCE 1-58 (ed. Martin Davies, 2005).

Taking evidence by video-link in international litigation in INTERCONTINENTAL COOPERATION THROUGH PRIVATE INTERNATIONAL LAW: ESSAYS IN MEMORY OF PETER E. NYGH 69-88 (eds. T. Einhorn and K. Siehr, 2004).

Product liability in international markets in TORTS TOMORROW: ESSAYS IN HONOUR OF JOHN FLEMING 130-151(eds N. Mullany and A. Linden, 1998).

The end of the affair: duty of care and liability insurance in THREE ESSAYS IN INSURANCE LAW 29-47 (1989).

General Publications

Hellenic Shipping News, "Century-Old Protectionist Law Is Sweet Deal For U.S. Shipping Industry But Not For Anyone Else," 11/10/15
The World Post, "Masked ‘Commandos’ Are Attacking Refugee Boats Off This Idyllic Greek Island," 08/13/15
Bloomberg, "Iran’s Cargo Ship Seizure Tied to a $3.6 Million Court Judgement," 04/30/15
WWNO, "BP Trial Begins Final Phase," 01/20/15
WWNO, "BP May Face Tough Appeals Process," 09/05/14
WVUE-TV, "Lee Zurik Investigation: 'Dirty Deeds' may finally get legal scrutiny they deserve" Thursday, May 17, 2012
Financial Times, "BP spill lawyers rake over the question of damages," Tuesday, February 28, 2012
Minnesota Public Radio, "BP oil spill trial delayed as parties try to find settlement," Monday, February 27, 2012
FOX 8 News, "BP trial set to begin Monday," Friday, February 24, 2012
Business LIVE: "Gulf oil spill trial - Let the finger-pointing begin," Friday, February 24, 2012
Insurance Journal, "Complex Trial Over Blame for Gulf Oil Spill Set to Open," Friday, February 24, 2012
Reuters, "Gulf oil spill trial -- Let the fingerpointing begin," Thursday, February 23, 2012
NPR (Morning Edition), "BP's Oil Slick Set To Spill Into Courtroom," Thursday, February 16, 2012
NPR (Living on Earth), "BP & The Trial of the Century," Friday, February 10, 2012
CNN, "One year after the BP spill, this family business is still reeling," Tuesday, April 12, 2011
Yahoo News, "Gulf oil spill: Judge orders protections for people seeking damages," Friday, February 4, 2011
Huffington Post, "On Louisiana Coast, Damage From Oil Goes Much Deeper Than Spill," Thursday, January 13, 2011
WDSU, "Local Experts React To BP Report Wording," Thursday, September 9, 2010
The New Republic, "Surviving the Next Katrina," Thursday, August 19, 2010
BBC Radio 4 Today Show, Interview: Thursday, August 12, 2010
Channelnewsasia, "BP spill cases to be heard in New Orleans, no longer Texas," Wednesday, August 11, 2010
Hindustan Times, "Key evidence in BP oil spill to be collected by main suspects," Wednesday, August 11, 2010
National Law Journal, "Maritime law is all at sea: Gulf oil spill disaster casts doubt upon centuries-old legal principles." Monday, July 26, 2010
Times-Picayune, "Bayou Trepagnier cleanup to begin next year," Tuesday, July 20, 2010
Fox 8 News, "5th Circuit to look at preliminary injunction on moratorium," Thursday, July 8, 2010
Anderson Cooper 360, "Little-known law could work in Transocean's favor," Friday, June 11, 2010
Lebanon News Network, "New estimate: Up to 40,000 barrels a day was coming from BP well," Friday, June 11, 2010
CNN, "Little-known law could work in Transocean's favor," Thursday, June 10, 2010
Times Online, "BP accused of judge-shopping for seeking Republican judge to handle lawsuits," Tuesday, June 8, 2010
Times Online, "Like a scene out of Dallas, Big Oil and officialdom go hand in hand," Tuesday, June 8, 2010
Times-Picayune, "Legal maneuvering may situate Gulf of Mexico oil spill litigation in Houston," Monday, May 24, 2010
Before Its News, "Deepwater Rig Owner Wants To Pay Workers A Fraction Of Its Own Insurance Payout," Wednesday, May 19, 2010
Hartford Courant, "Democrats' effort to increase oil spill liability stalls," Friday, May 14, 2010
Tulane University NewWave, "Pirate Problem Hard to Solve," Wednesday, June 17, 2009
Newsday, "Piracy law is legacy of Achille Lauro hijacking," Tuesday, April 21, 2009
Earth Watch Radio, "Two Hulls for Tankers," December 5, 2003.
Forbes, "Waiting in the Wings," October 29, 2001

Other Legal Writing

“A tribute to Professor William Tetley,” 39 Tulane Maritime Law Journal i-iii (2014).

“Conversion of intangible goods,” 88 Australian Law Journal 235-37 (2014).

“Wrongful arrest of ships – a reply to Sir Bernard Eder,” 38 Tulane Maritime Law Journal 137-42 (2013).

“Houseboat or floating home or what? Certiorari process in the U.S. Supreme Court,” 87 Australian Law Journal 234-6 (2013).

“Teaching Admiralty requires dismissing important subjects,” 55 Saint Louis University Law Journal 483-90 (2011).

“Arbitration awards in “manifest disregard of the law”,” 84 Australian Law Journal 602-4 (2010).

“Reflections on the past decade of transnational litigation,” 10 Melbourne Journal of International Law 46-48 (2009).

“Punitive damages and the Exxon Valdez,” 83 Australian Law Journal 23-26 (2009).

“Renvoi and presumptions about foreign law: Neilson v Overseas Projects Corporation of Victoria Ltd,” 30 Melbourne University Law Review 244-268 (2006).

“The role of juries in US torts cases,” 10 Torts Law Journal 109-118 (2002).

“Kuwait Airways Corp v Iraqi Airways Co: The effect in private international law of a breach of public international law by a state actor,” 2 Melbourne Journal of International Law 523-534 (2001).

“Insured’s post-contract duty uberrimae fidei: Manifest Shipping Co Ltd v Uni-Polaris Shipping Co Ltd (The Star Sea),” 32 Journal of Maritime Law and Commerce 501-510 (2001).

“Common law liability of statutory authorities: Crimmins v Stevedoring Industry Finance Committee,” 8 Torts Law Journal 133-151 (2000).

“Application of the Hague Rules” “perils of the sea” defense in Australia: The Bunga Seroja,” 23 Tulane Maritime Law Journal 449-64 (1999).

“A chink (or two) in the bill of lading plaintiff’s jurisdictional armour? Good news for Australian maritime arbitration?,” 26 Australian Business Law Review 70-74 (1998).

“A curate’s egg: good in parts - Akai Pty Ltd v People’s Insurance Co Ltd,” 25 Australian Business Law Review 215-21 (1997).

“What is “ownership” for the purposes of ship arrest under the Admiralty Act 1988 (Cth)?,” 24 Australian Business Law Review 76-80 (1996).

“The Hamburg Rules: what happens in 1997?,” 23 Australian Business Law Review 235- 36 (1995).

“The Constitutional Validity of Residence Requirements in No-Fault Transport Accident Compensation Schemes,” 2 Torts Law Journal 275-84 (1994).

“Section 37 of the Admiralty Act 1988: Safety net or not?,” 22 Australian Business Law Review 447-50 (1994).

“Strict Liability and Reasonable Foreseeability: Cambridge Water Co v Eastern Counties Leather plc,” 2 Torts Law Journal 12-21 (1994). 8

“The Exocet finds a new target, or fear and loathing for freight forwarders and other carriers by sea,” 21 Australian Business Law Review 377-84 (1993).

“Auditors’ liability to third parties: R Lowe Lippman Figdor & Franck (a firm) v AGC (Advances) Ltd,” 1 Torts Law Journal 114-21 (1993).

“What obligations does a shipowner take over from a defaulting time charterer under charterers’ bills of lading?,” 21 Australian Business Law Review 227-30 (1993).

“The new Act, old bills of lading and the United States District Court for the Southern District of New York: an interesting mix,” 20 Australian Business Law Review 432-36 (1992).

“Case note: New South Wales Leather Co Pty Ltd v Vanguard Insurance Co Ltd,” 5 Insurance Law Journal 159-64 (1992).

“Deviation is alive and well and living in New South Wales,” 19 Australian Business Law Review 379-83 (1991).

“Fruits of the Blooming Orchard,” 19 Australian Business Law Review 217-22 (1991).

“Default of one in a chain of charterparties,” 19 Australian Business Law Review 51-57 (1991).

“Carriage of Goods by Sea Bill,” 19 Australian Business Law Review 57-60 (1991). Case note: Qantas Airways Ltd v SS Pharmaceutical Pty Ltd, 18 Australian Business Law Review 435-40 (1990). Case note: Verna Trading (Aust) Pty Ltd v New India Assurance Co Ltd, 18 Australian Business Law Review 430-35 (1990). “San Sebastian revisited,” 17 UWA L Rev 150-159 (1987).