binding United States law and applicable to the case was considered by the Court in Puerto Rico, and it concluded that “[mjatters of pollution by foreign vessels within the territorial sea of the United States are governed by UNCLOS. Although the treaty arising from the convention is currently pending ratification before the Senate, it nevertheless carries the weight of law from the date of its submission by the President to the Senate.” United States v. Royal Caribbean Cruises Ltd., et al., — F.Supp. - [1997 WL 1045726] (D.P.R. Sept 19, 1997) (citing Article 19 of the Vienna Convention on the Law of Treaties). The issue was briefed and resolved by the Court’s opinion, and thus was actually litigated. See, e.g., Bush v. Balfour Beatty Bahamas, Ltd., 62 F.3d 1319, 1323 (11th Cir.1995) (<HOLDING>). However, the third prong of the collateral
holding that burden was on nonmoving party to show issue was not litigated where moving party presented supreme court opinion showing issue had been litigated holding that burden was on nonmoving party to show issue was not litigated where moving party presented arbitrators order showing issue had been litigated holding that a party had failed to preserve an argument for appellate review when that party had failed to argue the issue to the trial court either at trial or in his postjudgment motion holding that fully litigated requires both that the issue was effectively raised in the prior action either through pleadings or development of evidence and argument at trial or on motion and that the losing party have had a fair opportunity pro cedurally substantively and evidentially to contest the issue holding that trial by consent requires that the parties actually recognize the issue to have been litigated