Author: Wang Hui
Publisher: Kluwer Law International B.V.
ISBN: 9041142827
Category : Law
Languages : en
Pages : 442
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Book Description
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: Gotthard Gauci
Publisher: Wiley
ISBN: 9780471970668
Category : Technology & Engineering
Languages : en
Pages : 0
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Book Description
A comprehensive reference work for shipping and environmental lawyers and specialists The carriage of crude oil by sea is commonly associated with the disastrous effects of spills. Major spills include those from the Torrey Canyon, the Amoco Cadiz, the Exxon Valdez, the Haven, the Aegean Sea, the Braer and the Sea Empress. As these and other spills have indicated, the resultant pollution damage can take various forms and the resolution of ensuing disputes can be difficult and protracted. This is a detailed and thorough analysis of the law relating to liability and compensation for oil pollution damage caused by ships and covers legal issues which fall within the ambit of admiralty law and practice, international and domestic environmental law and the law relating to marine insurance. In particular, Oil Pollution at Sea: identifies the parties to litigation; details the range of remedies available and their quantification, examines relevant decisions of the IOPC Fund; analyses the limitation of liability and compensation; discusses rights and liabilities of salvors and insurers, and highlights jurisdictional issues which may arise.
Author: National Research Council
Publisher: National Academies Press
ISBN: 030929889X
Category : Science
Languages : en
Pages : 350
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Book Description
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: Marine Board
Publisher: National Academies Press
ISBN: 0309518288
Category : Science
Languages : en
Pages : 286
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Book Description
The passage of the Oil Pollution Act of 1990 (OPA 90) by Congress and subsequent modifications of international maritime regulations resulted in a far-reaching change in the design of tank vessels. Double-hull rather than single-hull tankers are now the industry standard, and nearly all ships in the world maritime oil transportation fleet are expected to have double hulls by about 2020. This book assesses the impact of the double hull and related provisions of OPA 90 on ship safety, protection of the marine environment, and the economic viability and operational makeup of the maritime oil transportation industry. The influence of international conventions on tank vessel design and operation is addressed. Owners and operators of domestic and international tank vessel fleets, shipyard operators, marine architects, classification societies, environmentalists, and state and federal regulators will find this book useful.
Author: Zhendi Wang
Publisher: Elsevier
ISBN: 0080467733
Category : Science
Languages : en
Pages : 617
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Book Description
Oil Spill Environmental Forensics provides a complete view of the various forensic techniques used to identify the source of an oil spill into the environment. The forensic procedures described within represent various methods from scientists throughout the world. The authors explore which analytical and interpretative techniques are best suited for a particular oil spill project. This handy reference also explores the use of these techniques in actual environmental oil spills. Famous incidents discussed include the Exxon Valdez incident in 1989 and the Guanabara Bay, Brazil 2000. The authors chronicle both the successes and failures of the techniques used for each of these events. Dr. Zhendi Wang is a senior research scientist and Head of Oil Spill Research of Environment Canada, working in the oil and toxic chemical spill research field. He has authored over 270 academic publications and won a number of national and international scientific honors and awards. Dr. Wang is a member of American Chemical Society (ACS), the Canadian Society for Chemistry (CSC), and the International Society of Environmental Forensics (ISEF). - International experts show readers the forensic techniques used in oil spill investigations - Provides the theoretical basis and practical applications for investigative techniques - Contains numerous case studies demonstrating proven technique
Author: Baris Soyer
Publisher: Taylor & Francis
ISBN: 1317984412
Category : Law
Languages : en
Pages : 626
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Book Description
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: National Research Council
Publisher: National Academies Press
ISBN: 0309084385
Category : Science
Languages : en
Pages : 278
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Book Description
Since the early 1970s, experts have recognized that petroleum pollutants were being discharged in marine waters worldwide, from oil spills, vessel operations, and land-based sources. Public attention to oil spills has forced improvements. Still, a considerable amount of oil is discharged yearly into sensitive coastal environments. Oil in the Sea provides the best available estimate of oil pollutant discharge into marine waters, including an evaluation of the methods for assessing petroleum load and a discussion about the concerns these loads represent. Featuring close-up looks at the Exxon Valdez spill and other notable events, the book identifies important research questions and makes recommendations for better analysis ofâ€"and more effective measures againstâ€"pollutant discharge. The book discusses: Inputâ€"where the discharges come from, including the role of two-stroke engines used on recreational craft. Behavior or fateâ€"how oil is affected by processes such as evaporation as it moves through the marine environment. Effectsâ€"what we know about the effects of petroleum hydrocarbons on marine organisms and ecosystems. Providing a needed update on a problem of international importance, this book will be of interest to energy policy makers, industry officials and managers, engineers and researchers, and advocates for the marine environment.
Author: Stephen M. Testa
Publisher: McGraw Hill Professional
ISBN: 0071772901
Category : Technology & Engineering
Languages : en
Pages : 593
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Book Description
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:
Publisher:
ISBN:
Category : Oil pollution of water
Languages : en
Pages : 60
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Book Description
Author: International Maritime Organization
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 128
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Book Description
