Civil Liability For Marine Oil Pollution Damage
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Civil Liability For Marine Oil Pollution Damage
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Author : Wang Hui
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-09-15
Civil Liability For Marine Oil Pollution Damage written by Wang Hui and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-15 with Law categories.
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.
Civil Liability For Bunker Oil Pollution Damage
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Author : Dan Malika Gunasekera
language : en
Publisher: Peter Lang
Release Date : 2010
Civil Liability For Bunker Oil Pollution Damage written by Dan Malika Gunasekera and has been published by Peter Lang this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Liability for oil pollution damages categories.
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.
Compulsory Insurance And Compensation For Bunker Oil Pollution Damage
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Author : Ling Zhu
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-03-20
Compulsory Insurance And Compensation For Bunker Oil Pollution Damage written by Ling Zhu and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-03-20 with Law categories.
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.
Prevention And Compensation Of Marine Pollution Damage
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Author : Michael Faure
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2006-01-01
Prevention And Compensation Of Marine Pollution Damage written by Michael Faure and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Law categories.
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.
Maritime Pollution Liability And Policy
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Author : Faure
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01
Maritime Pollution Liability And Policy written by Faure and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.
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.
International Legal Conference On Marine Pollution Damage
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Author : Intergovernmental Maritime Consultative Organization
language : en
Publisher: Walter de Gruyter
Release Date : 1970-01-01
International Legal Conference On Marine Pollution Damage written by Intergovernmental Maritime Consultative Organization and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 1970-01-01 with categories.
Liability For Damage To The Marine Environment
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Author : Colin M. de la Rue
language : en
Publisher:
Release Date : 1993
Liability For Damage To The Marine Environment written by Colin M. de la Rue and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
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.
Two Conventions And Amendments Relating To Pollution Of The Sea By Oil
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Author :
language : en
Publisher:
Release Date : 1970
Two Conventions And Amendments Relating To Pollution Of The Sea By Oil written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1970 with Liability for oil pollution damages categories.
Pollution At Sea
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Author : Baris Soyer
language : en
Publisher: Taylor & Francis
Release Date : 2013-06-07
Pollution At Sea written by Baris Soyer and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-07 with Law categories.
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.
Manual On Oil Pollution
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Author :
language : en
Publisher:
Release Date : 1998
Manual On Oil Pollution written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Liability for oil pollution damages categories.