Oil and Aquatic Ecosystems, Tanker Safety, and Oil Pollution Liability

Oil and Aquatic Ecosystems, Tanker Safety, and Oil Pollution Liability
Author:
Publisher:
Total Pages: 280
Release: 1977
Genre: Aquatic animals
ISBN:

Contains 28 papers grouped as follows: oil and aquatic ecosystems, tanker safety and navigation standards, liability problems resulting from oil pollution, and the social and economic impacts on the fishing community. Many papers focus specifically on Alaska.

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.

Prevention and Compensation of Marine Pollution Damage

Prevention and Compensation of Marine Pollution Damage
Author: Michael Faure
Publisher: Kluwer Law International B.V.
Total Pages: 398
Release: 2006-01-01
Genre: Law
ISBN: 9041123385

Marine oil pollution is one of the most damaging environmental liabilities of our time, and is taken very seriously by governments. Although international conventions take the lead in the legal regime underpinning prevention and compensation of marine oil pollution damage, national legal systems differ considerably in how they interpret and apply their monitoring and enforcement responsibilities. This is the first book to present a comparative analysis of the law with respect to marine oil pollution, with expert contributions emphasising particular solutions in Europe, the US, and China. The authors draw on the full range of legal sources, from theory and legislation to procedure and actual case studies. Written by both academics and practitioners?senior academics with a wide experience in the field, and practitioners who have extensively dealt with marine pollution issues?the work is not confined to a mere legal analysis, but offers a more inclusive law and economics perspective, solidly built on a substantial analysis (in English) of the law in the European, US, Chinese, and international contexts. Individual contributors focus on countries with which they have particular expertise or experience. This book will be of interest to corporate counsel, international lawyers, academics, and policy makers, as well as to students of (international) environmental and maritime law. In addition, the book is especially valuable to non-Chinese lawyers for its clear insight into the complex Chinese environmental legal system.

Oil Spills First Principles

Oil Spills First Principles
Author: B. Ornitz†
Publisher: Elsevier
Total Pages: 677
Release: 2002-06-18
Genre: Science
ISBN: 0080537960

Marine oil spills are no longer considered unavoidable "accidents" resulting from adverse environmental conditions or functions of catastrophic events. More than 80% of all spills are the result of "human error". The focus of the current legal, regulatory, and convention framework affecting the transportation of oil by ship reflects a recent change in public attitude, in which there is an insistence upon protection of the world¿s marine environments, particularly coastal ecosystems. The outcome of such global attention is the creation of significant legal and political motivators for a cultural shift by the oil shipping industry, from an "evasion culture" to a "safety culture". The new safety culture connotes continuous improvement in ship operations and a willingness to adopt the evolving concepts of communication at all levels, better trained and qualified personnel on board ship, emphasis of safety from top down, and proactive institution of safety management systems. Mere compliance with international and national laws is no longer sufficient for future sustainable shipping. These changes and advancements in understanding the science and engineering of oil spills are the focus of this book on Oil Spills First Principles. They are Prevention, based upon adoption of the safety culture, and Best Response, utilizing scientific, technical and environmental data and information.Over the past 30 years, billions of US dollars have been spent in R&D planning, response and clean up of oil spills. All of these efforts have focused on achieving Best Response. The concept of time periods of "Technology Windows-of-Opportunity" for a given response and clean up technology has developed from the leadership and wisdom of researchers and responders from many nations using modeling of the weathering of spilled oil and technology effectiveness. The Windows-of-Opportunity strategy provides a scientific basis for policy and decision-making in oil spill planning, response, and training.A global paradigm shift is needed to more effectively utilize and expedite the application of lessons learned in both prevention and clean up. Recognition of economic, political, and legal benefits accruing from environmental protection is good for business and critical for sustainable shipping.

Compulsory Insurance and Compensation for Bunker Oil Pollution Damage

Compulsory Insurance and Compensation for Bunker Oil Pollution Damage
Author: Ling Zhu
Publisher: Springer Science & Business Media
Total Pages: 254
Release: 2007-03-20
Genre: Law
ISBN: 3540459030

Oil tankers are not solely to blame for pollution at sea. Non-tankers have released numerous spills. The International Convention on Civil Liability for Bunker Oil Pollution Damage has been adopted, but has not yet come into force. This timely and comprehensive book studies compulsory insurance, its main purpose of ensuring compensation and its interrelations with other features such as the rule of strict liability, the limitation of liability of that convention.

Oil in the Sea III

Oil in the Sea III
Author: National Research Council
Publisher: National Academies Press
Total Pages: 278
Release: 2003-03-14
Genre: Science
ISBN: 0309084385

Since the early 1970s, experts have recognized that petroleum pollutants were being discharged in marine waters worldwide, from oil spills, vessel operations, and land-based sources. Public attention to oil spills has forced improvements. Still, a considerable amount of oil is discharged yearly into sensitive coastal environments. Oil in the Sea provides the best available estimate of oil pollutant discharge into marine waters, including an evaluation of the methods for assessing petroleum load and a discussion about the concerns these loads represent. Featuring close-up looks at the Exxon Valdez spill and other notable events, the book identifies important research questions and makes recommendations for better analysis ofâ€"and more effective measures againstâ€"pollutant discharge. The book discusses: Inputâ€"where the discharges come from, including the role of two-stroke engines used on recreational craft. Behavior or fateâ€"how oil is affected by processes such as evaporation as it moves through the marine environment. Effectsâ€"what we know about the effects of petroleum hydrocarbons on marine organisms and ecosystems. Providing a needed update on a problem of international importance, this book will be of interest to energy policy makers, industry officials and managers, engineers and researchers, and advocates for the marine environment.

Oil Spills in U. S. Coastal Waters

Oil Spills in U. S. Coastal Waters
Author: Jonathan L. Ramseur
Publisher: DIANE Publishing
Total Pages: 38
Release: 2010-11
Genre: Technology & Engineering
ISBN: 1437934064

Contents: (1) Background: Oil Spills (OS) in U.S. Coastal Waters; Impacts of OS in Aquatic Environ.: Acute Impacts; Chronic Impacts; Ecosystem Recovery; Econ. Costs of OS: Cleanup Costs; Natural Resources Damages; Other Econ. Costs; (2) OS Governance: Federal Authorities: Exxon Valdez OS: 1990 Oil Pollution Act; Other Fed. Laws; Internat. Conventions: MARPOL 73/78; Intervention Convention; Fed. Agencies Responsibilities: Response; Prevention and Preparedness; Fed. Funding for the OS Liab. Trust Fund: Background; Trust Fund Ceiling; Fund Projections, and Vulnerability; State Laws; (3) Threat of Future OS in U.S. Coastal Waters: Possibilities for Future OS: U.S. Oil Imports and Possible OS; Level of Preparedness. Illustrations.

Liability for Damage to the Marine Environment

Liability for Damage to the Marine Environment
Author: Colin M. de la Rue
Publisher:
Total Pages: 308
Release: 1993
Genre: Law
ISBN:

Despite widely-accepted international systems of liability for pollution damage to the marine environment, uniformity is far from being achieved. This book is based on the papers delivered at the CMI seminar on liability for pollution damage. The purpose of the seminar was to take stock of the legal position worldwide as a prelude to discussions on unification of laws relating to the admissibility and assessment of claims. Among the main issues addressed are - oil pollution prevention and response, the effectiveness of present compensation methods, the importance of recent protocols to the compensation conventions, the ramifications of OPA 90, the underwriting of oil pollution risks and the need for an international convention on hazardous and noxious substances. These issues are covered by a broad range of international experts.

The Impact of Marine Pollution

The Impact of Marine Pollution
Author: Douglas J. Cusine
Publisher: Routledge
Total Pages: 282
Release: 2019-10-28
Genre: Business & Economics
ISBN: 1000683001

Originally published in 1980, this book by a group of international lawyers and experts from the energy industries suggests ways in which the law may have to change to cope with developments in the oil and nuclear energy industries and the way they impact on marine pollution. Incorporating issues arising on an international and comparative basis, the book discusses the approaches made to marine pollution problems by the UK, EU and USA.