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.

Pollution of the Sea - Prevention and Compensation

Pollution of the Sea - Prevention and Compensation
Author: Jurgen Basedow
Publisher: Springer Science & Business Media
Total Pages: 188
Release: 2007-07-11
Genre: Science
ISBN: 3540733957

The International Max Planck Research School for Maritime Affairs hosted a global conference addressing marine pollution. At this meeting, academics and practitioners came together to discuss their findings and debate recent developments from an interdisciplinary perspective. This volume reflects those discussions, examining a broad range of topics concerning the ecological, economic, political, and legal aspects of the pollution of the sea.

Marine Resource Damage Assessment

Marine Resource Damage Assessment
Author: F. Maes
Publisher: Springer Science & Business Media
Total Pages: 289
Release: 2006-06-29
Genre: Law
ISBN: 1402033680

The main focus of this important book is on civil liability regimes to compensate for ecological/environmental damage, the impact of EC decision-making on the international regime for oil pollution damage, the use of environmental funds in this respect, the economic valuation of damage to the environment from a theoretical perspective and the application of the Contingent Valuation Method in Belgium for ecological damage at sea.

Prevention and Compensation of Marine Pollution Damage

Prevention and Compensation of Marine Pollution Damage
Author: Michael Faure
Publisher:
Total Pages: 396
Release: 2006
Genre:
ISBN: 9789041130808

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.

High Seas Governance

High Seas Governance
Author: Robert C. Beckman
Publisher: BRILL
Total Pages: 336
Release: 2018-11-26
Genre: Law
ISBN: 9004373306

High Seas Governance: Gaps and Challenges identifies gaps in and challenges to the existing legal regime in the protection and preservation of the marine environment of the high seas, including sensitive marine areas. The gaps identified in the book include the failure of liability and compensation schemes to cover pollution of the high seas and the fact that no state has the responsibility to clean up pollution of the high seas. One common theme of the book is that it is necessary to identify a state other than flag states, port states or coastal states, which should have an obligation to exercise jurisdiction and control over certain activities on the high seas.

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.

The Practice of Shared Responsibility in International Law

The Practice of Shared Responsibility in International Law
Author: André Nollkaemper
Publisher: Cambridge University Press
Total Pages: 1229
Release: 2017-02-02
Genre: Law
ISBN: 1107107091

This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.

Marine Pollution Contingency Planning

Marine Pollution Contingency Planning
Author: Anastasia Telesetsky
Publisher: Martinus Nijhoff Publishers
Total Pages: 241
Release: 2017-09-25
Genre: Law
ISBN: 9004355502

There is an ever-present threat of catastrophic marine pollution incidents, as illustrated by recent disasters such as the Deepwater Horizon oil spill in the Gulf of Mexico. Even small-scale accidental pollution discharges can have long-term consequences for marine and coastal resources. The UN Convention on the Law of Sea obliges all States to cooperate to prevent accidents and to minimize environmental damage during emergencies by jointly developing and implementing marine pollution contingency plans. The Asia-Pacific is one of the world’s busiest shipping regions, some of its mega-ports experience high rates of vessel congestion, and there are increasing numbers of offshore installations. Marine pollution prevention planning is thus vital for the region. Marine Pollution Contingency Planning: State Practice in Asia-Pacific States outlines and examines marine pollution contingency planning in Australia, Canada, China, Japan, Korea, Malaysia, Mexico, Philippines, Singapore, and the United States.

The Law of the Sea in the Caribbean

The Law of the Sea in the Caribbean
Author: The Hon Justice Winston Anderson
Publisher: Publications on Ocean Developm
Total Pages: 472
Release: 2022
Genre: Law
ISBN: 9789004503175

"This book is about the Law of the Sea in the Caribbean and the contribution of that law to economic development in the region. The most important legal instrument for that discussion is undoubtedly the United Nations Convention on the Law of the Sea which entered into force on 16 November 1994, some twelve years after it was adopted in December 1982, and following more than nine years of negotiations, which began in 1973"--

Oil Pollution in the North Sea

Oil Pollution in the North Sea
Author: Angela Carpenter
Publisher: Springer
Total Pages: 321
Release: 2015-11-27
Genre: Science
ISBN: 3319239015

This volume offers a review of measures taken at different levels to prevent oil inputs to the North Sea from sources such as shipping and oil installations. A range of data from satellites, remote sensing, aerial surveillance, in-situ monitoring, oil spill sampling and beached bird surveys presents a comprehensive portrait of trends in oil pollution over many years. Topics include Bonn Agreement-based actions to eliminate illegal and accidental pollution from ships, OSPAR monitoring of oil installations, EMSA CleanSeaNet activities, and an internationally approved common standard for oil spills presented by the Bonn-OSINet. A chapter on the role of the IMO in preventing oil pollution from ships provides an international context, while others discuss efforts being made at the national level. A decadal review of the state of the North Sea prepared by OSPAR supports the view that there has been a significant reduction of oil inputs to the sea. This thorough review addresses national and international agencies and government bodies, as well as policymakers and practitioners in the fields of shipping, ports and terminals, oil extraction and marine management. Further, it provides researchers with essential reference material on tools and techniques for monitoring oil pollution and offers a valuable resource for undergraduate and post-graduate students in the field of marine oil pollution.