Civil Liability for Bunker Oil Pollution Damage

Civil Liability for Bunker Oil Pollution Damage
Author: Dan Malika Gunasekera
Publisher: Peter Lang
Total Pages: 340
Release: 2010
Genre: Law
ISBN: 9783631604601

This book deals with the liability conventions brought into existence by the International Maritime Organization and concentrates on the newly adopted instrument dealing with bunker oil pollution as an area of great concern for every stakeholder involved in shipping business. The work covers a wide spectrum ranging from the Convention itself to its scope of application, liable and aggrieved parties, jurisdiction, requirements of liability and admissibility of claims, defences and exoneration from liability. It addresses many areas of interest and of importance to international and national legal advisors, lawyers, law students and anyone interested in the relevant field such as shipowners, charterers, shipbrokers, ship personnel and associated contractors and sub-contractors.

Limitation Of Liability in International Maritime Conventions

Limitation Of Liability in International Maritime Conventions
Author: Norman Martínez Gutiérrez
Publisher: Routledge
Total Pages: 493
Release: 2010-12-16
Genre: Business & Economics
ISBN: 1136847480

This book approaches limitation of liability from an international perspective looking at a number of key conventions including the global limitation conventions, the conventions relating to the carriage of passengers and their luggage by sea (1974 Athens Convention relating to the Carriage of Passengers and Their Luggage by Sea and the 2002 Protocol thereto), conventions relating to liability and compensation for pollution damage (1969 International Convention on Civil Liability for Oil Pollution Damage and the 1992 Protocol thereto, the 1996 International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea and the 2010 Protocol thereto, and the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage), as well as the 2007 Nairobi International Convention on the Removal of Wrecks.

Condition Assessment Scheme

Condition Assessment Scheme
Author: International Maritime Organization
Publisher: IMO Publishing
Total Pages: 66
Release: 2005
Genre: Ships
ISBN: 9789280142075

The Condition Assessment Scheme (CAS) for oil tankers was adopted in 2001 and is applicable to all single-hull tankers of 15 years or older. Although the CAS does not specify structural standards in excess of the provisions of other IMO conventions, codes and recommendations, its requirements stipulate more stringent and transparent verification of the reported structural condition of the ship and that documentary and survey procedures have been properly carried out and completed. The Scheme requires that compliance with the CAS is assessed during the Enhanced Survey Program of Inspections concurrent with intermediate or renewal surveys currently required by resolution A.744(18), as amended.--Publisher's description.

Civil Liability for Marine Oil Pollution Damage

Civil Liability for Marine Oil Pollution Damage
Author: Wang Hui
Publisher: Kluwer Law International B.V.
Total Pages: 442
Release: 2011-09-15
Genre: Law
ISBN: 9041142827

This remarkable book – the first in-depth examination of the civil liability regime for marine oil pollution damage from a law and economics perspective – examines the efficiency and effectiveness of the regime, with particular attention to whether it is in fact designed in the public interest or merely a distribution of risks and costs among interested parties. The question is asked: does the liability system give the potential polluter incentives to take precautionary measures to avoid pollution or to reduce the possibility of pollution? The international regime on civil liability for marine oil pollution rests on the International Convention on Civil Liability for Oil Pollution Damage (CLC) and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (Fund Convention). However, the world’s biggest oil consumer and importer – the United States – has ratified neither, preferring its own Oil Pollution Act of 1990 (OPA), and China – currently the world’s second oil-consuming country – has not ratified the Fund Convention. Thus it is reasonable to compare the three regimes – international, US, and China – as such a comparative study may reveal some advantages or disadvantages among the three systems. Among the issues raised and tackled head-on by the author are the following: whether the contents of international conventions can be considered as the result of the influence of the various interest groups involve; overview of the regulations of marine pollution; technical standards, rules for operation, professional criteria; to what extent a state may take action against trans-boundary polluting activities; what liability a state may incur for non-action or non-effective action; significance for liability of the charter-party, generally considered the evidence of the hire of a ship, and the bill of lading, considered the evidence of the contract of carriage of goods by sea; the crucial role of the so-called ‘International Group’ of 13 Protection and Indemnity (P & I) Clubs, non-profit organizations specializing in liability insurance; the main international players – the International Maritime Organization (IMO), the Comité Maritime International (CMI), and industry organizations such as INTERTANKO and the Oil Companies International Marine Forum (OCIMF); the particular regime on offshore facility pollution liability in the United States; port state control; criminal liability; and EU and other regional initiatives. In addition, a detailed study of the Erika case reveals some of the rationale for many of the persistent features of marine pollution liability regimes. The well-thought-out legal and economic analysis provided in this book, along with its clearly stated policy recommendations and constructive perspectives for future development of the liability system, will be immeasurably valuable to lawyers and policymakers active in this highly visible area of international law.

Environmental Impact of Ships

Environmental Impact of Ships
Author: Stephen de Mora
Publisher: Cambridge University Press
Total Pages: 397
Release: 2020-11-05
Genre: Business & Economics
ISBN: 1108422373

A comprehensive, global review of the impact ships have on the environment, covering pollutant discharges, non-pollutant impacts and international legislation.

Governance of Arctic Shipping

Governance of Arctic Shipping
Author: Aldo Chircop
Publisher: Springer Nature
Total Pages: 320
Release: 2020-08-11
Genre: Science
ISBN: 3030449750

This open access book is a result of the Dalhousie-led research project Safe Navigation and Environment Protection, supported by a grant from the Ocean Frontier Institute’s the Canada First Research Excellent Fund (CFREF). The book focuses on Arctic shipping and investigates how ocean change and anthropogenic impacts affect our understanding of risk, policy, management and regulation for safe navigation, environment protection, conflict management between ocean uses, and protection of Indigenous peoples’ interests. A rapidly changing Arctic as a result of climate change and ice loss is rendering the North more accessible, providing new opportunities while producing impacts on the Arctic. The book explores ideas for enhanced governance of Arctic shipping through risk-based planning, marine spatial planning and scaling up shipping standards for safety, environment protection and public health.

The Law of Environmental Damage

The Law of Environmental Damage
Author: Marie-Louise Larsson
Publisher: Martinus Nijhoff Publishers
Total Pages: 696
Release: 1999-03-02
Genre: Law
ISBN: 9789041111289

From its starting point within international law, throughout its progression from regional to national law, "The Law of Environmental Damage" combines the disciplines of environmental law, liability law and insurance in its analysis of the development of reparative environmental law. In the model adopted, three generations of reparative schemes are identified, based on civil liability or administrative liability or self-taken measures from the area of insurance. The analysis applied is based on factors of standard and designation of liability, as well as the definition and assessment of environmental damage. Issues such as environmental lender liability and damage to public natural resources are highlighted. The results of the study are evaluated within the framework of a theory of environmental efficiency; among other factors, the reparative effect of liability rules is discussed.

Limitation of Liability for Maritime Claims

Limitation of Liability for Maritime Claims
Author: Patrick Griggs
Publisher: Taylor & Francis
Total Pages: 661
Release: 2020-11-25
Genre: Law
ISBN: 1000285758

This fourth edition addresses certain developments, including the 1996 Protocol to the 1976 Limitation Convention, which have come into effect since publication of the previous edition. The chapters on limitation of liability for passenger claims and in relation to the carriage of goods have been updated, as has the chapter on limitation regimes worldwide. The book also focuses upon the practicalities of seeking to limit by reference to case law and procedural rules.