Legal Definitions - COA

The acronym COA stands for two distinct legal terms:

• Contract of Affreightment
• Certificate of Appealability

Contract of Affreightment

A Contract of Affreightment is a legal agreement between a shipowner (or operator) and a charterer (the party wishing to transport goods) for the carriage of goods by sea. This contract outlines the terms and conditions under which the shipowner agrees to transport a specific quantity of cargo, or to provide the use of a ship's cargo space, for a defined period or voyage, in exchange for payment (freight). It's essentially a shipping contract for the use of a vessel's capacity.

Examples:

• Scenario: A large agricultural company needs to ship a harvest of soybeans from Brazil to China.

  Example: "AgriCorp, a major agricultural exporter, enters into a Contract of Affreightment with OceanFreight Lines to transport 50,000 tons of soybeans from Santos, Brazil, to Shanghai, China, over a three-month period using a specific bulk carrier."

  Explanation: This illustrates a COA because AgriCorp is contracting for the use of a ship's capacity to move its goods internationally, specifying the cargo, origin, destination, and duration of the shipping service.

• Scenario: An oil company needs to move crude oil between its refineries on a regular basis.

  Example: "PetroEnergy Inc. regularly uses a Contract of Affreightment with TankerFleet Services to move crude oil between its offshore drilling platforms and its coastal refinery, establishing a long-term agreement for multiple shipments throughout the year."

  Explanation: This shows a COA as a standing agreement for the transport of specific goods (crude oil) by sea, detailing the terms for repeated voyages rather than a single, one-off trip.

• Scenario: A construction company needs to transport heavy machinery for a new project overseas.

  Example: "Global Builders, undertaking a major infrastructure project in Africa, signs a Contract of Affreightment with HeavyLift Shipping to transport several oversized cranes and excavators from Europe to the project site, detailing the specialized handling and delivery schedule."

  Explanation: This demonstrates a COA for specialized cargo and a specific project, where the agreement covers the logistics, timing, and cost of moving large equipment by sea.

Certificate of Appealability

In the U.S. federal court system, a Certificate of Appealability is a document required for a prisoner to appeal the denial of a habeas corpus petition. A habeas corpus petition is a legal challenge to the legality of a person's detention or conviction. Without a COA, a prisoner cannot proceed with an appeal of the lower court's decision to a federal circuit court. The certificate is granted only if the appeal raises a "substantial showing of the denial of a constitutional right," meaning the issue is debatable among reasonable jurists or deserves further consideration.

Examples:

• Scenario: A state prisoner claims his constitutional rights were violated during his trial.

  Example: "After a state prisoner, Mr. Davies, filed a federal habeas corpus petition arguing that his trial attorney provided ineffective assistance, the federal district court denied his petition. To appeal this denial to the Circuit Court of Appeals, Mr. Davies must first obtain a Certificate of Appealability from either the district court or the appellate court, demonstrating that his claim about ineffective assistance raises a significant constitutional issue."

  Explanation: This illustrates a COA as the necessary permission for a prisoner to appeal the rejection of their challenge to their detention, specifically when a constitutional right (the right to effective legal counsel) is at stake.

• Scenario: A person convicted of a federal crime seeks to challenge their conviction based on new evidence.

  Example: "Ms. Chen, convicted of a federal drug offense, filed a habeas petition asserting that newly discovered evidence proves her innocence, but the district court dismissed her petition. Before she can present her case to the Court of Appeals, she needs a Certificate of Appealability, which would indicate that her claim of actual innocence based on new evidence presents a debatable constitutional question."

  Explanation: This shows a COA as the gateway for a federal prisoner to appeal a habeas denial, particularly when the appeal hinges on a substantial constitutional claim like actual innocence.

• Scenario: A death row inmate challenges the constitutionality of his sentence.

  Example: "Mr. Evans, a death row inmate, filed a habeas corpus petition arguing that his death sentence was unconstitutional due to prosecutorial misconduct. When the district court denied his petition, he sought a Certificate of Appealability to take his case to the federal appellate court, needing to show that his claim about prosecutorial misconduct raises a substantial constitutional question worthy of appellate review."

  Explanation: This demonstrates a COA's role in allowing a prisoner to appeal a habeas denial, especially in high-stakes cases like capital punishment, where the appeal must involve a significant constitutional issue to proceed.