Liability For Damage To The Marine Environment

Author : Colin M. de la Rue
Publisher : Unknown
Page : 308 pages
File Size : 54,8 Mb
Release : 1993
Category : Law
ISBN : UVA:35007000136097

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Liability for Damage to the Marine Environment by Colin M. de la Rue Pdf

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.

Author : Wang Hui
Publisher : Kluwer Law International B.V.
Page : 411 pages
File Size : 52,5 Mb
Release : 2011-09-15
Category : Law
ISBN : 9789041142825

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Civil Liability for Marine Oil Pollution Damage by Wang Hui Pdf

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 : Michael Faure,Michael G. Faure
Publisher : Kluwer Law International B.V.
Page : 398 pages
File Size : 47,8 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041123381

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Prevention and Compensation of Marine Pollution Damage by Michael Faure,Michael G. Faure Pdf

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 : F. Maes
Publisher : Springer Science & Business Media
Page : 289 pages
File Size : 41,6 Mb
Release : 2006-06-29
Category : Law
ISBN : 9781402033681

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Marine Resource Damage Assessment by F. Maes Pdf

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.

Author : Faure
Publisher : Kluwer Law International B.V.
Page : 498 pages
File Size : 46,9 Mb
Release : 2010-01-01
Category : Law
ISBN : 9789041128690

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Maritime Pollution Liability and Policy by Faure Pdf

The approach throughout is both legal multi-disciplinary and comparative. The relevant international conventions are examined (particularly the 'Bunker Convention' of 2008), with particular attention to their implementation in China and Europe, as well as the independent US regime. In addition, detailed empirical data from well-known case studies provide important insights into the working of international and national prevention and compensation mechanisms.

Author : Baris Soyer,Andrew Tettenborn
Publisher : Taylor & Francis
Page : 626 pages
File Size : 46,6 Mb
Release : 2013-06-07
Category : Law
ISBN : 9781317984412

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Pollution at Sea by Baris Soyer,Andrew Tettenborn Pdf

A sharp, informed and thoroughly practical guide to contemporary and developing issues relating to sea pollution, prepared by leading academics and practitioners with everyday hands-on experience. Pollution at Sea focuses on a number of the vital private law issues – compensation, insurance, contract and tort – thrown up by contemporary developments in the law of pollution. The book also intends to offer a critical analysis on emerging public law concepts, such as the legal position of seafarers from the perspective of criminal law in cases of pollution and the impact of port state control as a pollution control mechanism. Pollution at Sea is divided into three parts: 1. Private Law Liability Regimes 2. Rights and Liabilities of Particular Parties 3. The Impact of Public Law on the Actors Concerned In part 1; various liability regimes are dissected, including those which have been under the spotlight in recent years. This section has particular international appeal, and many of the regimes discussed are based at least in part on international conventions, agreements or practices. In part 2; the impact of pollution at sea on third parties is considered, with respect to the legal position of parties that might be perused either by the victims of pollution incidents or in some cases by the parties liable by way of a recourse action. Finally in part 3; recent relevant developments, particularly in the realm of public law are covered.

Author : Dan Malika Gunasekera
Publisher : Peter Lang
Page : 340 pages
File Size : 53,9 Mb
Release : 2010
Category : Liability for oil pollution damages
ISBN : 3631604602

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Civil Liability for Bunker Oil Pollution Damage by Dan Malika Gunasekera Pdf

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 : Brian D. Smith
Publisher : Oxford University Press, USA
Page : 312 pages
File Size : 47,5 Mb
Release : 1988
Category : Law
ISBN : UVA:35007001122765

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State Responsibility and the Marine Environment by Brian D. Smith Pdf

Focusing on tank spills, waste dumping, and other damage affecting the seas, this book illustrates a set of international legal rules for determining a country's responsibility for environmental harm.

Author : Philippe Sands
Publisher : Cambridge University Press
Page : 1252 pages
File Size : 49,7 Mb
Release : 2003-10-09
Category : Law
ISBN : 0521521068

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Principles of International Environmental Law by Philippe Sands Pdf

This second edition of Philippe Sand's leading textbook on international environmental law provides a clear and authoritative introduction to the subject, revised to December 2002. It considers relevant new topics, including the Kyoto Protocol, genetically modified organisms, oil pollution, chemicals etc. and will remain the most comprehensive account of the principles and rules relating to environmental protection and the conservation of natural resources. In addition to the key material from the 1992 Rio Declaration and subsequent developments, Sands also covers topics including the legal and institutional framework, the field's historic development and standards for general application. This will continue to be an invaluable resource for both students and practitioners alike.

Author : Hanqin Xue
Publisher : Cambridge University Press
Page : 400 pages
File Size : 47,6 Mb
Release : 2003-03-13
Category : Law
ISBN : 9781139438100

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Transboundary Damage in International Law by Hanqin Xue Pdf

The Chernobyl disaster, the Amoco Cadiz oil spill and the Colorado River dispute are examples of an activity conducted by one state which has serious adverse effects in the territory of another, or in global common areas. This book details the international rules and compensation procedures and is intended for use by governmental officials, international lawyers and jurists. It discusses existing laws on international liability and considers the underlying legal issues that require further development. It is one of the few books on the subject written from the perspective of a developing country with rapid economic and social development.

Author : Z. Oya Özçayir
Publisher : Unknown
Page : 648 pages
File Size : 50,7 Mb
Release : 1998
Category : Collisions at sea
ISBN : STANFORD:36105060371254

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Liability for Oil Pollution and Collisions by Z. Oya Özçayir Pdf

Author : Marie-Louise Larsson
Publisher : Martinus Nijhoff Publishers
Page : 696 pages
File Size : 40,6 Mb
Release : 1999-03-02
Category : Law
ISBN : 904111128X

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The Law of Environmental Damage by Marie-Louise Larsson Pdf

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.

Author : Michael Bowman,Alan E. Boyle
Publisher : Oxford University Press, USA
Page : 390 pages
File Size : 50,6 Mb
Release : 2002
Category : Law
ISBN : 0199255733

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Environmental Damage in International and Comparative Law by Michael Bowman,Alan E. Boyle Pdf

This study considers the problems of defining and valuing "environmental damage" from the perspective of international and comparative law. The need for a broad and systematic evaluation of this issue is illustrated by the number of topics presently on the international law-making agenda to which it is relevant, including the UN Compensation Commission's decisions on compensation for environmental losses suffered by Kuwait in the Gulf War, nuclear and oil pollution liability regimes, the development of an environmental liability protocol to the Antarctic Treaty and other agreements on bio-safety and genetically modified organisms. It is thus an important element in contemporary efforts to strengthen legal remedies for environmental harm which does not necessarily come within traditional categories of legally protected personal or property rights.

Author : Jurgen Basedow,Ulrich Magnus
Publisher : Springer Science & Business Media
Page : 188 pages
File Size : 48,8 Mb
Release : 2007-07-11
Category : Science
ISBN : 9783540733959

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Pollution of the Sea - Prevention and Compensation by Jurgen Basedow,Ulrich Magnus Pdf

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.

Author : Catherine Banet
Publisher : BRILL
Page : 637 pages
File Size : 51,9 Mb
Release : 2020-01-29
Category : Law
ISBN : 9789004391567

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The Law of the Seabed by Catherine Banet Pdf

The Law of the Seabed reviews the most pressing legal questions raised by the use and protection of natural resources on and underneath the world’s seabeds. While barely accessible, the seabed plays a major role in the Earth’s ecological balance. It is both a medium and a resource, and is central to the blue economy. New uses and new knowledge about seabed ecosystems, and the risks of disputes due to competing interests, urge reflection on which regulatory approaches to pursue. The regulation of ocean activities is essentially sector-based, and the book puts in parallel the international and national regimes for seabed mining, oil and gas, energy generation, bottom fisheries, marine genetic resources, carbon sequestration and maritime security operations, both within and beyond the national jurisdiction. The book contains seven parts respectively addressing the definition of the seabed from a multidisciplinary perspective, the principles of jurisdiction delimitation under the United Nations Convention on the Law of the Sea (UNCLOS), the regimes for use of non-living, living and marine biodiversity resources, the role of state and non-state actors, the laying and removal of installations, the principles for sustainable and equitable use (common heritage of mankind, precaution, benefit sharing), and management tools to ensure coexistence between activities as well as the protection of the marine environment.