Recent Developments Relating To Civil Liability For Marine Oil Pollution Damage
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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.
Author | : Hui Wang |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 442 |
Release | : 2011-01-01 |
Genre | : Law |
ISBN | : 904113672X |
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 and I) Clubs, non-profit organizations specializing in liability insurance; the main international players - the International Maritime Organization (IMO), the Comit? 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.
Author | : Barış Soyer |
Publisher | : Taylor & Francis |
Total Pages | : 445 |
Release | : 2018-10-10 |
Genre | : Law |
ISBN | : 135102812X |
Maritime Liabilities in a Global and Regional Context consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law’s 13th International Colloquium at Swansea Law School in September 2017. Written by a combination of top academics and highly-experienced legal practitioners, these papers have been carefully co-ordinated to give the reader a first-class insight into the issues surrounding maritime liabilities. The book is set out in two parts: - Part I offers a detailed and critical analysis of issues of contemporary importance concerning maritime liabilities - Part 2 discusses contemporary issues concerning the enforcement of maritime liabilities. An invaluable guide to recent legal and practical developments in maritime liabilities, this book is vital reading for both professional and academic readers.
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.
Author | : Stephen M. Testa |
Publisher | : McGraw Hill Professional |
Total Pages | : 593 |
Release | : 2013-02-01 |
Genre | : Technology & Engineering |
ISBN | : 0071772901 |
The definitive guide to petroleum hydrocarbon fuel spill and leak causes, prevention, response, and cost recovery Oil Spills and Gas Leaks highlights the complex nature of petroleum hydrocarbon fuel extraction methods, the unintended consequences when disasters occur, spill behavior, and environmental impact mitigation. This practical resource discusses engineering techniques; long-term biological and environmental effects; dealing with insurance claims, litigation, and legislation in overlapping jurisdictions; and much more. Featuring global case studies and best practices, this timely volume provides an in-depth understanding of how oil spills and gas leaks occur and describes the most effective environmental assessment, remediation, and restoration options available to respond to these industrial accidents. Coverage includes: The role of petroleum hydrocarbon fuels in society Geology and geochemistry of oil and gas deposits Oil and gas well drilling and production issues Hydraulic fracturing for shale gas and oil Behavior of oil spills in various environments Behavior of gas leaks in various environments Assessment of spills and leaks Toxicity issues and exposure pathways Subsurface investigations Sampling strategies and remedial approaches Sampling methods on land and offshore Prevention, oversight, and mitigation Remediation of oil spills Case histories and cost recovery Oil spills and wildlife Oil spills and safety issues Conclusions and recommendations
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.
Author | : International Maritime Organization |
Publisher | : |
Total Pages | : 128 |
Release | : 1990 |
Genre | : Law |
ISBN | : |
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.
Author | : National Research Council |
Publisher | : National Academies Press |
Total Pages | : 350 |
Release | : 2014-08-01 |
Genre | : Science |
ISBN | : 030929889X |
U.S. Arctic waters north of the Bering Strait and west of the Canadian border encompass a vast area that is usually ice covered for much of the year, but is increasingly experiencing longer periods and larger areas of open water due to climate change. Sparsely inhabited with a wide variety of ecosystems found nowhere else, this region is vulnerable to damage from human activities. As oil and gas, shipping, and tourism activities increase, the possibilities of an oil spill also increase. How can we best prepare to respond to such an event in this challenging environment? Responding to Oil Spills in the U.S. Arctic Marine Environment reviews the current state of the science regarding oil spill response and environmental assessment in the Arctic region north of the Bering Strait, with emphasis on the potential impacts in U.S. waters. This report describes the unique ecosystems and environment of the Arctic and makes recommendations to provide an effective response effort in these challenging conditions. According to Responding to Oil Spills in the U.S. Arctic Marine Environment, a full range of proven oil spill response technologies is needed in order to minimize the impacts on people and sensitive ecosystems. This report identifies key oil spill research priorities, critical data and monitoring needs, mitigation strategies, and important operational and logistical issues. The Arctic acts as an integrating, regulating, and mediating component of the physical, atmospheric and cryospheric systems that govern life on Earth. Not only does the Arctic serve as regulator of many of the Earth's large-scale systems and processes, but it is also an area where choices made have substantial impact on life and choices everywhere on planet Earth. This report's recommendations will assist environmentalists, industry, state and local policymakers, and anyone interested in the future of this special region to preserve and protect it from damaging oil spills.
Author | : National Research Council |
Publisher | : National Academies Press |
Total Pages | : 216 |
Release | : 1994-02-01 |
Genre | : Science |
ISBN | : 0309050812 |
This book addresses the problem of deliberate discharge of petroleum cargo during salvage operations. It assesses the implications for shipping and marine environmental protection; documents the need to clarify U.S. law concerning intentional discharges of petroleum cargoes to save ships and prevent the loss of larger amounts of cargo; considers the implications of advances in oil spill contingency planning, environmental data acquisition and spill trajectory forecasting; and makes recommendations concerning the feasibility of developing guidelines for deciding whether to discharge oil intentionally.