Download or read book Civil Liability for Marine Oil Pollution Damage written by Wang Hui and published by Kluwer Law International B.V.. This book was released on 2011-09-15 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 & 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.
Download or read book Oil Pollution at Sea written by Gotthard Gauci and published by Wiley. This book was released on 1997-10-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Oil Spills and Gas Leaks Environmental Response Prevention and Cost Recovery written by Stephen M. Testa and published by McGraw Hill Professional. This book was released on 2013-02-01 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Understanding Oil Spills and Oil Spill Response written by and published by . This book was released on 1993 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Convention on Civil Liability for Oil Pollution Damage 1969 And Protocol to the International Convention on Civil Liability for Oil Pollution Damage 1969 1976 written by International convention on civil liability for oil pollution damage and published by IMO Publishing. This book was released on 1977 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Oil in the Sea III written by National Research Council and published by National Academies Press. This book was released on 2003-03-14 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Oil Spill Environmental Forensics written by Zhendi Wang and published by Elsevier. This book was released on 2010-07-26 with total page 617 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Double Hull Tanker Legislation written by Marine Board and published by National Academies Press. This book was released on 1998-02-23 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Oil Pollution in the North Sea written by Angela Carpenter and published by Springer. This book was released on 2015-11-27 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a review of measures taken at different levels to prevent oil inputs to the North Sea from sources such as shipping and oil installations. A range of data from satellites, remote sensing, aerial surveillance, in-situ monitoring, oil spill sampling and beached bird surveys presents a comprehensive portrait of trends in oil pollution over many years. Topics include Bonn Agreement-based actions to eliminate illegal and accidental pollution from ships, OSPAR monitoring of oil installations, EMSA CleanSeaNet activities, and an internationally approved common standard for oil spills presented by the Bonn-OSINet. A chapter on the role of the IMO in preventing oil pollution from ships provides an international context, while others discuss efforts being made at the national level. A decadal review of the state of the North Sea prepared by OSPAR supports the view that there has been a significant reduction of oil inputs to the sea. This thorough review addresses national and international agencies and government bodies, as well as policymakers and practitioners in the fields of shipping, ports and terminals, oil extraction and marine management. Further, it provides researchers with essential reference material on tools and techniques for monitoring oil pollution and offers a valuable resource for undergraduate and post-graduate students in the field of marine oil pollution.
Download or read book Maritime Liabilities in a Global and Regional Context written by Barış Soyer and published by Taylor & Francis. This book was released on 2018-10-10 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: Maritime Liabilities in a Global and Regional Context consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law’s 13th International Colloquium at Swansea Law School in September 2017. Written by a combination of top academics and highly-experienced legal practitioners, these papers have been carefully co-ordinated to give the reader a first-class insight into the issues surrounding maritime liabilities. The book is set out in two parts: - Part I offers a detailed and critical analysis of issues of contemporary importance concerning maritime liabilities - Part 2 discusses contemporary issues concerning the enforcement of maritime liabilities. An invaluable guide to recent legal and practical developments in maritime liabilities, this book is vital reading for both professional and academic readers.
Download or read book Index of IMO Resolutions written by International Maritime Organization and published by . This book was released on 1990 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Limitation of Liability for Maritime Claims written by Xia Chen and published by Martinus Nijhoff Publishers. This book was released on 2001-01-01 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Limitation of liability for maritime claims is an important system for the shipping industry. The original rationale for such a system was to encourage the shipping enterprise. However, in our today's much changed world, the system has been under severe attack and has been described as 'hopelessly anachronistic'. Yet, the debate over repeal or retention of the system is far from settled. This book traces the history and development of limitation law around the world. It compares various limitation laws in operation under different legal regimes. In particular, it analytically scrutinizes the limitation systems under U.S. law, Chinese law and international conventions. It explores the possibility of international uniformity of maritime limitation law and points out that complete uniformity will not be achieved unless the United States joins the international community. It concludes that although there is a need for reform of the system, limitation of liability for maritime claims is here to stay. This book also thoroughly examines the limitation system under the Chinese legal regime through comparison with U.S. law and in the context of international conventions. Both practitioners and academic scholars will find this book helpful in understanding Chinese law in general and Chinese maritime limitation of liability in particular.
Download or read book Oil Spills First Principles written by B. Ornitz† and published by Elsevier. This book was released on 2002-06-18 with total page 677 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marine oil spills are no longer considered unavoidable "accidents" resulting from adverse environmental conditions or functions of catastrophic events. More than 80% of all spills are the result of "human error". The focus of the current legal, regulatory, and convention framework affecting the transportation of oil by ship reflects a recent change in public attitude, in which there is an insistence upon protection of the world¿s marine environments, particularly coastal ecosystems. The outcome of such global attention is the creation of significant legal and political motivators for a cultural shift by the oil shipping industry, from an "evasion culture" to a "safety culture". The new safety culture connotes continuous improvement in ship operations and a willingness to adopt the evolving concepts of communication at all levels, better trained and qualified personnel on board ship, emphasis of safety from top down, and proactive institution of safety management systems. Mere compliance with international and national laws is no longer sufficient for future sustainable shipping. These changes and advancements in understanding the science and engineering of oil spills are the focus of this book on Oil Spills First Principles. They are Prevention, based upon adoption of the safety culture, and Best Response, utilizing scientific, technical and environmental data and information.Over the past 30 years, billions of US dollars have been spent in R&D planning, response and clean up of oil spills. All of these efforts have focused on achieving Best Response. The concept of time periods of "Technology Windows-of-Opportunity" for a given response and clean up technology has developed from the leadership and wisdom of researchers and responders from many nations using modeling of the weathering of spilled oil and technology effectiveness. The Windows-of-Opportunity strategy provides a scientific basis for policy and decision-making in oil spill planning, response, and training.A global paradigm shift is needed to more effectively utilize and expedite the application of lessons learned in both prevention and clean up. Recognition of economic, political, and legal benefits accruing from environmental protection is good for business and critical for sustainable shipping.
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 626 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.
Download or read book Marine Resource Damage Assessment written by F. Maes and published by Springer Science & Business Media. This book was released on 2006-06-29 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Limitation Of Liability in International Maritime Conventions written by Norman Martínez Gutiérrez and published by Routledge. This book was released on 2010-12-16 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book approaches limitation of liability from an international perspective looking at a number of key conventions including the global limitation conventions, the conventions relating to the carriage of passengers and their luggage by sea (1974 Athens Convention relating to the Carriage of Passengers and Their Luggage by Sea and the 2002 Protocol thereto), conventions relating to liability and compensation for pollution damage (1969 International Convention on Civil Liability for Oil Pollution Damage and the 1992 Protocol thereto, the 1996 International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea and the 2010 Protocol thereto, and the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage), as well as the 2007 Nairobi International Convention on the Removal of Wrecks.
Download or read book Imo 2020 written by INTERNATIONAL MARITIME ORGANIZATION. and published by . This book was released on 2019-10 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: MARPOL VI was developed through the International Maritime Organization (IMO), a United Nations agency that deals with maritime safety and security, as well as the prevention of marine pollution from ships. MARPOL is the main international agreement covering all types of pollution from ships. Annex VI aims to reduce emissions from ships through international regulations. Regulation 14 - Restricts SOx emissions from ships by introducing a maximum sulphur content in marine fuels of 4.5 per cent. In addition, MARPOL Annex VI identifies SOx emission control areas (SECA)
