Download or read book Pure Economic Loss in Europe written by Mauro Bussani and published by Cambridge University Press. This book was released on 2003-07-31 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: How far can tort liability expand without imposing excessive burdens upon individual activity? This comprehensive 2003 study of pure economic loss in Europe uses a fact-based comparative method and research into the laws of thirteen European countries. Includes a historical and analytical introduction to economic loss.

Download or read book Civil Liability and Financial Security for Offshore Oil and Gas Activities written by Michael Faure and published by Cambridge University Press. This book was released on 2017 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: 7.2.1.2 Application to Offshore-Related Risks

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.

Download or read book Deepwater Horizon Oil Spill written by Curry L. Hagerty and published by DIANE Publishing. This book was released on 2010-10 with total page 51 pages. Available in PDF, EPUB and Kindle. Book excerpt: On April 20, 2010, an explosion and fire occurred on the Deepwater Horizon drilling rig in the Gulf of Mexico (GoM). This resulted in 11 worker fatalities, a massive oil release, and a national response effort in the GoM region by the federal and state governments as well as BP. Contents of this report: (1) Intro.; (2) Setting in the GoM: Oil and Gas Recovery; Weather and Ocean Currents; Biological Resources; (3) Offshore Oil and Gas Drilling Technology; (4) Fed. Statutory Framework; (5) Fed. Regulatory Framework; (6) Environmental and Economic Impacts; (7) Labor Issues; (8) Reorganization of Minerals Mgmt. Service; (9) FEMA Issues; Exxon Valdez; Recent Regional Disaster History; (10) Conclusion. Charts and tables.

Download or read book Responding to Oil Spills in the U S Arctic Marine Environment written by National Research Council and published by National Academies Press. This book was released on 2014-08-01 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Civil Liability for Accidents at Sea written by Sarah Fiona Gahlen and published by Springer. This book was released on 2015-02-24 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: ​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.​

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 Macondo Well Deepwater Horizon Blowout written by National Research Council and published by National Academies Press. This book was released on 2012-03-02 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: The blowout of the Macondo well on April 20, 2010, led to enormous consequences for the individuals involved in the drilling operations, and for their families. Eleven workers on the Deepwater Horizon drilling rig lost their lives and 16 others were seriously injured. There were also enormous consequences for the companies involved in the drilling operations, to the Gulf of Mexico environment, and to the economy of the region and beyond. The flow continued for nearly 3 months before the well could be completely killed, during which time, nearly 5 million barrels of oil spilled into the gulf. Macondo Well-Deepwater Horizon Blowout examines the causes of the blowout and provides a series of recommendations, for both the oil and gas industry and government regulators, intended to reduce the likelihood and impact of any future losses of well control during offshore drilling. According to this report, companies involved in offshore drilling should take a "system safety" approach to anticipating and managing possible dangers at every level of operation-from ensuring the integrity of wells to designing blowout preventers that function under all foreseeable conditions-in order to reduce the risk of another accident as catastrophic as the Deepwater Horizon explosion and oil spill. In addition, an enhanced regulatory approach should combine strong industry safety goals with mandatory oversight at critical points during drilling operations. Macondo Well-Deepwater Horizon Blowout discusses ultimate responsibility and accountability for well integrity and safety of offshore equipment, formal system safety education and training of personnel engaged in offshore drilling, and guidelines that should be established so that well designs incorporate protection against the various credible risks associated with the drilling and abandonment process. This book will be of interest to professionals in the oil and gas industry, government decision makers, environmental advocacy groups, and others who seek an understanding of the processes involved in order to ensure safety in undertakings of this nature.

Download or read book Natural Resource Damages written by Preston, Thorgrimson, Shidler, Gates & Ellis and published by . This book was released on 1993 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This manual outlines the legal and regulatory framework surrounding natural resource damages claims. It provides comprehensive chapters on the common law origins of natural resource damage claims, statutory natural resource damage claims under federal law, CERCLA damage assessment regulations, and economic methodologies for valuing natural resource damages.

Download or read book Human Rights Obligations of Business written by Surya Deva and published by Cambridge University Press. This book was released on 2013-11-21 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically evaluates the Ruggie Framework and the Guiding Principles on Business and Human Rights, and investigates the normative foundations as well as the nature, extent and enforcement of corporate obligations for the realisation of human rights.

Download or read book The Healy Lectures written by John Kimball and published by Routledge. This book was released on 2017-07-05 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Nicholas J. Healy Lectures on Admiralty Law takes place annually at New York University School. They commenced in 1992 with the aim of providing a forum for the scholarly consideration of maritime law and, delivered by expert academics and practitioners in the field, provide great insight into the development of admiralty law since then. This volume collects the seventh to thirteenth lectures, which were given from 2005 to 2015.

Download or read book In Praise of Litigation written by Alexandra Lahav and published by Oxford University Press. This book was released on 2017-01-02 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the right to have one's day in court is a cherished feature of the American democratic system, alarms that the United States is hopelessly litigious and awash in frivolous claims have become so commonplace that they are now a fixture in the popular imagination. According to this view, litigation wastes precious resources, stifles innovation and productivity, and corrodes our social fabric and the national character. Calls for reform have sought, often successfully, to limit people's access to the court system, most often by imposing technical barriers to bringing suit. Alexandra Lahav's In Praise of Litigation provides a much needed corrective to this flawed perspective, reminding us of the irreplaceable role of litigation in a well-functioning democracy and debunking many of the myths that cloud our understanding of this role. For example, the vast majority of lawsuits in the United States are based on contract claims, the median value of lawsuits is on a downward trend, and, on a per capita basis, many fewer lawsuits are filed today than were filed in the 19th century. Exploring cases involving freedom of speech, foodborne illness, defective cars, business competition, and more, the book shows that despite its inevitable limitations, litigation empowers citizens to challenge the most powerful public and private interests and hold them accountable for their actions. Lawsuits change behavior, provide information to consumers and citizens, promote deliberation, and express society's views on equality and its most treasured values. In Praise of Litigation shows how our court system protects our liberties and enables civil society to flourish, and serves as a powerful reminder of why we need to protect people's ability to use it. The tort reform movement has had some real successes in limiting what can reach the courts, but there have been victims too. As Alexandra Lahav shows, it has become increasingly difficult for ordinary people to enforce their rights. In the grand scale of lawsuits, actually crazy or bogus lawsuits constitute a tiny minority; in fact, most anecdotes turn out to be misrepresentations of what actually happened. In In Praise of Litigation, Lahav argues that critics are blinded to the many benefits of lawsuits. The majority of lawsuits promote equality before the law, transparency, and accountability. Our ability to go to court is a sign of our strength as a society and enables us to both participate in and reinforce the rule of law. In addition, joining lawsuits gives citizens direct access to governmental officials-judges-who can hear their arguments about issues central to our democracy, including the proper extent of police power and the ability of all people to vote. It is at least arguable that lawsuits have helped spur major social changes in arenas like race relations and marriage rights, as well as made products safer and forced wrongdoers to answer for their conduct. In this defense, Lahav does not ignore the obvious drawbacks to litigiousness. It is expensive, stressful, and time consuming. Certainly, sensible reforms could make the system better. However, many of the proposals that have been adopted and are currently on the table seek only to solve problems that do not exist or to make it harder for citizens to defend their rights and to enforce the law. This is not the answer. In Praise of Litigation offers a level-headed and law-based assessment of the state of litigation in America as well as a number of practical steps that can be taken to ensure citizens have the right to defend themselves against wrongs while not odiously infringing on the rights of others.

Download or read book Towards a Chinese Civil Code written by Lei Chen and published by Martinus Nijhoff Publishers. This book was released on 2012-11-13 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. "Towards a Chinese Civil Code" aims at providing the necessary historical and comparative legal perspectives. The book addresses the following topics: property law, contract law, tort law and civil procedure.

Download or read book The Price of Inequality written by Joseph E. Stiglitz and published by W. W. Norton & Company. This book was released on 2012-06-11 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: About the problem of social inequality in the United States.

Download or read book The IMLI Manual on International Maritime Law written by David Joseph Attard and published by Oxford University Press. This book was released on 2016-03-24 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume III is devoted to the marine environmental law and maritime security law. The first part of Volume III deals in depth with issues of most fundamental importance in the contemporary world, namely how to protect the marine environment from pollution from ships, land-based sources, seabed activities, and from or through air. In explaining these types of pollution, various conventions concluded under the auspices of the IMO (such as MARPOL 73/78 and the 1972 London Convention) and soft law documents are analysed. The volume also includes chapters on the conventions relating to pollution incident preparedness, response, cooperation, and the relevance of regional cooperation. It additionally discusses liability and compensation for pollution damage. The second part of volume III examines an issue of increasing importance in a world threatened by terrorism, piracy, and drug-trafficking. Chapters in this part cover the topics of piracy; stowaways; human trafficking; illicit drugs; terrorism; military uses of the sea; and new maritime security threats, such as the illegal dumping of hazardous wastes and toxic substances, as well as illegal, unreported, and unregulated fishing.

Download or read book The Environmental Case written by Judith A. Layzer and published by CQ Press. This book was released on 2019-08-13 with total page 689 pages. Available in PDF, EPUB and Kindle. Book excerpt: Answers to environmental issues are not black and white. Debates around policy are often among those with fundamentally different values, and the way that problems and solutions are defined plays a central role in shaping how those values are translated into policy. The Environmental Case captures the real-world complexity of creating environmental policy, and this much-anticipated Fifth Edition contains fifteen carefully constructed cases. Through her analysis, Sara Rinfret continues the work of Judith Layzer and explores the background, players, contributing factors, and outcomes of each case, and gives readers insight into some of the most interesting and controversial issues in U.S. environmental policymaking.

Download or read book African perspectives on selected marine maritime and international trade law topics written by Patrick Vrancken and published by African Sun Media. This book was released on 2021-02-16 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the culmination of research collaboration between the Nelson Mandela University and the University of Johannesburg, and, in particular, between the South African Research Chair in the Law of the Sea and Development in Africa (housed at Nelson Mandela University) and the Centre for Banking Law (housed at the University of Johannesburg). The topics considered have their roots respectively in international law, environmental law, public law and international trade law. The common denominator is the sea.