Maritime Salvage Operations And Environmental Protection
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Author | : Durand M. Cupido |
Publisher | : |
Total Pages | : 0 |
Release | : 2023 |
Genre | : LAW |
ISBN | : 9781003315506 |
This book questions the use of salvage law as legal regulatory framework for the remuneration of environmental services in salvage operations, proposing that such services should be based on direct contracting between commercial salvors and coastal States. Adopting an environment-first approach, it argues that direct contracting better serves and promotes environmental protection outcomes. It also takes a functional view of the law as a tool to promote values and sought outcomes. Salvage operations are recognised as the first line of defence against pollution following shipping incidents. Although regulated under the law of salvage, these operations form an integral component of a framework of environmental protection measures regulated under different legal instruments or laws. The law of salvage fails to effectively integrate salvage operations into broader pollution response mechanisms because it does not align comfortably with this framework of laws. Despite the emphasis on environmental protection in the 1989 London Salvage Convention, the Convention maintains the traditional notion of salvage operations as a service to property, while environmental outcomes and the remuneration of environmental services are positioned as a secondary outcome of the law of salvage. This book argues that directly contracting for environmental services bolsters the primacy of environmental protection and the functional use of law to further environmental protection and policy formulation. Direct contracting between coastal States and salvors for environmental services complements existing practices and pollution response mechanisms and provides a sound legal basis for the effective realisation of salvage operations as the first line of defence against pollution following shipping incidents without fundamentally altering the established commercial identity of the traditional law of salvage. This book will be key reading for students, academics, and practitioners working at the intersection of shipping and environmental law.
Author | : Durand Martin Cupido |
Publisher | : Taylor & Francis |
Total Pages | : 129 |
Release | : 2023-01-20 |
Genre | : Law |
ISBN | : 1000853020 |
This book questions the use of salvage law as legal regulatory framework for the remuneration of environmental services in salvage operations, proposing that such services should be based on direct contracting between commercial salvors and coastal States. Adopting an environment-first approach, it argues that direct contracting better serves and promotes environmental protection outcomes. It also takes a functional view of the law as a tool to promote values and sought outcomes. Salvage operations are recognised as the first line of defence against pollution following shipping incidents. Although regulated under the law of salvage, these operations form an integral component of a framework of environmental protection measures regulated under different legal instruments or laws. The law of salvage fails to effectively integrate salvage operations into broader pollution response mechanisms because it does not align comfortably with this framework of laws. Despite the emphasis on environmental protection in the 1989 London Salvage Convention, the Convention maintains the traditional notion of salvage operations as a service to property, while environmental outcomes and the remuneration of environmental services are positioned as a secondary outcome of the law of salvage. This book argues that directly contracting for environmental services bolsters the primacy of environmental protection and the functional use of law to further environmental protection and policy formulation. Direct contracting between coastal States and salvors for environmental services complements existing practices and pollution response mechanisms and provides a sound legal basis for the effective realisation of salvage operations as the first line of defence against pollution following shipping incidents without fundamentally altering the established commercial identity of the traditional law of salvage. This book will be key reading for students, academics, and practitioners working at the intersection of shipping and environmental law.
Author | : David Joseph Attard |
Publisher | : Oxford University Press |
Total Pages | : 657 |
Release | : 2014 |
Genre | : Law of the sea |
ISBN | : 0199683948 |
"This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact." --
Author | : Aldo E. Chircop |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 581 |
Release | : 2006 |
Genre | : History |
ISBN | : 900414952X |
Written by scholars and practitioners, this work consists of 20 multidisciplinary chapters addressing the law, policy and management aspects of the problem of places of refuge for ships in need of assistance. Specific chapters focus on the experiences and approaches of Australia, Belgium, Canada, Denmark, Germany, United Kingdom and United States.
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.
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 | : Geoffrey Brice |
Publisher | : Sweet & Maxwell |
Total Pages | : 1079 |
Release | : 2011 |
Genre | : Law |
ISBN | : 0414045793 |
Providing coverage of the latest developments in all aspects of the law of torts, this First Supplement brings the 20th Edition of Clerk & Lindsell on Torts fully up to date. The Supplement discusses recent case law, legislation and issues affecting the practice and development of tort law.
Author | : Sarah Dromgoole |
Publisher | : Cambridge University Press |
Total Pages | : 439 |
Release | : 2013-07-25 |
Genre | : History |
ISBN | : 052184231X |
The first full-scale study of the international legal framework governing underwater cultural heritage to be published in nearly two decades.
Author | : Colin De La Rue |
Publisher | : CRC Press |
Total Pages | : 1339 |
Release | : 2015-06-03 |
Genre | : Law |
ISBN | : 1317375815 |
The first edition of this book was quickly acclaimed as the new leading text worldwide on the law and practice of pollution from ships. The second edition deals with a variety of developments since then in this fast-moving subject: the Erika and the Prestige; changes in international law on maritime safety and compensation; latest decisions on claims for compensation; analysis of the SCOPIC regime; new material on ports of refuge, transboundary movements, and pollution from offshore craft; latest cases and regulatory changes in the US; and enlarged chapters on enforcement of laws and criminal sanctions. Like its predecessor, the second edition is superbly indexed and written clearly with the needs in mind of a wide international readership.
Author | : Senbursa, Nihan |
Publisher | : IGI Global |
Total Pages | : 465 |
Release | : 2022-03-25 |
Genre | : Business & Economics |
ISBN | : 1799890414 |
During the COVID-19 pandemic, employees of maritime and logistics sectors have continued their activities both on shore and on board to complete operations and supply continuity of logistics management in hard times. While organizations worked to provide the best services to customers, the shipping industry suffered by the work-life changes brought by the pandemic. Changes have been felt in talent management in new shipping, changing maritime ethics and affecting the maritime industry psychology, employee motivation, importance of seafarers, and employee rights and responsibilities. The Handbook of Research on the Future of the Maritime Industry presents leaders and managers from maritime and logistics industries, sharing their experiences, new paradigms, practices, and strategies. This book provides practical ideas and strategies to cope with the consequences of the “new normal” in the wake of the global pandemic crisis. Covering topics such as employee rights, occupational safety, and psychological effects, this book is an essential resource for senior executives, leaders and managers, HR professionals, lecturers, business clusters, entrepreneurs, researchers, scholars, academicians, and faculty of higher education.