Liability For Damage To The Marine Environment

Author : Colin M. de la Rue
Publisher :
ISBN 13 :
Total Pages : 308 pages
Book Rating : 4.97/5 ( download)

DOWNLOAD NOW!

Download or read book Liability for Damage to the Marine Environment written by Colin M. de la Rue and published by . This book was released on 1993 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Hui Wang
Publisher : Kluwer Law International B.V.
ISBN 13 : 904113672X
Total Pages : 442 pages
Book Rating : 4.25/5 ( download)

DOWNLOAD NOW!

Download or read book Civil Liability for Marine Oil Pollution Damage written by Hui Wang and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Michael Faure
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041123385
Total Pages : 398 pages
Book Rating : 4.81/5 ( download)

DOWNLOAD NOW!

Download or read book Prevention and Compensation of Marine Pollution Damage written by Michael Faure and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : United States. Congress. Senate. Commerce
Publisher :
ISBN 13 :
Total Pages : 128 pages
Book Rating : 4.9P/5 ( download)

DOWNLOAD NOW!

Download or read book Methods and Procedures for Implementing a Uniform Law Providing Liability for Cleanup Costs and Damages Caused from Oceanrelated Sources: a Study by the Department of Justice for the Use of ..., July 1975 written by United States. Congress. Senate. Commerce and published by . This book was released on 1975 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Coast Guard and Navigation
Publisher :
ISBN 13 :
Total Pages : 224 pages
Book Rating : 4.69/5 ( download)

DOWNLOAD NOW!

Download or read book Oil Pollution Liability written by United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Coast Guard and Navigation and published by . This book was released on 1987 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Brian D. Smith
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 312 pages
Book Rating : 4.65/5 ( download)

DOWNLOAD NOW!

Download or read book State Responsibility and the Marine Environment written by Brian D. Smith and published by Oxford University Press, USA. This book was released on 1988 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Fisheries and Wildlife Conservation and the Environment
Publisher :
ISBN 13 :
Total Pages : 96 pages
Book Rating : 4.49/5 ( download)

DOWNLOAD NOW!

Download or read book Ocean Dumping Liability Act written by United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Fisheries and Wildlife Conservation and the Environment and published by . This book was released on 1992 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Baris Soyer
Publisher : Taylor & Francis
ISBN 13 : 1317984420
Total Pages : 418 pages
Book Rating : 4.29/5 ( download)

DOWNLOAD NOW!

Download or read book Pollution at Sea written by Baris Soyer and published by Taylor & Francis. This book was released on 2013-06-07 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Faure
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041128697
Total Pages : 498 pages
Book Rating : 4.90/5 ( download)

DOWNLOAD NOW!

Download or read book Maritime Pollution Liability and Policy written by Faure and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Colin De La Rue
Publisher : CRC Press
ISBN 13 : 1317375815
Total Pages : 1727 pages
Book Rating : 4.14/5 ( download)

DOWNLOAD NOW!

Download or read book Shipping and the Environment written by Colin De La Rue and published by CRC Press. This book was released on 2015-06-03 with total page 1727 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.