Pollution from the Carriage of Oil by Sea:Liability and Compensation Issues PDF Download
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Author: Wu Chao
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 464
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Book Description
This important new reference work analyses the special legal regime for oil pollution liability and compensation with regard to shipowners and cargo owners. it describes the system put in place by international Conventions and international voluntary agreements with particular regard To The IOPC Fund compensation policy. This work examines in detail how responsibility is divided between shipowners and oil companies and which claims for pollution damage are admissible within the framework of the Conventions. The operation and application of the Conventions is considered specifically in the light of the unilateral approach adopted by the United States based on an extensive study of legislation and caselaw.
Author: Wu Chao
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 464
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Book Description
This important new reference work analyses the special legal regime for oil pollution liability and compensation with regard to shipowners and cargo owners. it describes the system put in place by international Conventions and international voluntary agreements with particular regard To The IOPC Fund compensation policy. This work examines in detail how responsibility is divided between shipowners and oil companies and which claims for pollution damage are admissible within the framework of the Conventions. The operation and application of the Conventions is considered specifically in the light of the unilateral approach adopted by the United States based on an extensive study of legislation and caselaw.
Author: Miso Mudric
Publisher: LIT Verlag Münster
ISBN: 3643904053
Category : History
Languages : en
Pages : 365
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Book Description
The research in this book examines the issue of professional salvor's liability for damage caused due to negligent performance of salvage services. Analysis is focused on the relevant international law (1989 Salvage Convention, 1976 LLMC Convention, and the 1992 CLC Convention), the (professional) liability provisions of the chosen number of jurisdictions (England/Wales, Germany, France, and the US), the standard salvage contract forms, the standard of care, the relevant salvage case law, the sanctions for poor or non-performance, and the methods of calculating the limitation of liability. (Series: Writings on Maritime and Port Law / Schriften zum See- und Hafenrecht - Vol. 20)
Author: Dan Malika Gunasekera
Publisher: Peter Lang
ISBN: 9783631604601
Category : Law
Languages : en
Pages : 340
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Book Description
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: Hui Wang
Publisher: Kluwer Law International B.V.
ISBN: 904113672X
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 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: Ling Zhu
Publisher: Springer Science & Business Media
ISBN: 3540459030
Category : Law
Languages : en
Pages : 254
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Book Description
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.
Author: Mervin Fingas
Publisher: Gulf Professional Publishing
ISBN: 0128110961
Category : Technology & Engineering
Languages : en
Pages : 1080
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Book Description
Oil Spill Science and Technology, Second Edition, delivers a multi-contributed view on the entire chain of oil-spill related topics from oil properties and behaviors, to remote sensing through the management side of contingency planning and communicating oil spill risk perceptions. Completely new case studies are included with special attention to the Deepwater Horizon event, covering the impacts of wetlands and sand beaches, a mass balance approach, and the process for removing petroleum chemicals still trapped near Alabama beaches. Other new information on lingering oil left behind from the Exxon Valdez spill, the emergency system used in the Prestige incident, and coverage on the Heibei Spirit spill in Korea are also included. This updated edition combines technology with case studies to identify the current state of knowledge surrounding oil spills that will encourage additional areas of research that are left to uncover in this critical sector of the oil and gas industry. - Updated with new chapters on risk analysis and communication, contingency planning, restoration, and case studies - Supported with technological advances evolved from the Deepwater Horizon/BP oil tragedy and events in the Arctic/Antarctic - Multi-contributed from various industry experts to provide an extensive background in technical equipment and worldwide procedures used today
Author: Meltem Deniz Güner-Özbek
Publisher: Springer Science & Business Media
ISBN: 3540758372
Category : Law
Languages : en
Pages : 369
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Book Description
Ever-increasing numbers of dangerous goods are carried by sea today. Worldwide concern with the risk posed by this increased frequency has led to the adoption of international technical standards to promote maritime safety and the insertion of special provisions in the carriage contracts. Moreover, growing environmental awareness and concern with the economic cost implications of maritime casualties have given rise to the regulation of liability and compensation.
Author: Sarah Fiona Gahlen
Publisher: Springer
ISBN: 3662455552
Category : Law
Languages : en
Pages : 440
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Book Description
This book presents a study on civil liability for accidents at sea, with a focus on the interests of parties that are not contractually participating in the maritime enterprise. Shipping and the maritime offshore industry are among the most international businesses in the world, and the operation of ships and facilities at sea can involve very different interests in a wide variety of relationships. Although there is an international legal framework that covers the most frequent types of cases, questions remain regarding the interplay of international and national legislation. Addressing those questions, the first part of this study analyses the rules and the limits of international regulation applicable at sea, namely regarding compensation for pollution damage. The second part focuses on the jurisdictional rules and conflict-of-law rules that may be used to deal with cases beyond the scope of international legislation, in accordance with the law of the sea.
Author: Neil Craik
Publisher: Cambridge University Press
ISBN: 1108496229
Category : Law
Languages : en
Pages : 319
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Book Description
A full examination of global legal rules governing liability for environmental harm in areas beyond the national jurisdiction of states.
Author: Iva Parlov
Publisher: BRILL
ISBN: 9004515070
Category : Law
Languages : en
Pages : 379
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Book Description
In Coastal State Jurisdiction over Ships in Need of Assistance, Maritime Casualties and Shipwrecks, Iva Parlov takes a systemic approach in providing a holistic and dynamic understanding of the legal issues raised by ships in peril in the contemporary context.
