Download or read book The International Regime for Compensation for Oil Pollution Damage written by International Oil Pollution Compensation Funds and published by . This book was released on 2011 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The International Regimes for the Compensation of Oil Pollution Damage written by Michael G. Faure and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article discusses the question whether the current international regimes are adequate for the compensation of oil pollution damage. It sketches the regime of the CLC 1969 and the Fund Convention. Then it will show that by in 1984 and 1992, among others following the catastrophe with the Amoco Cadiz new initiatives were taken with the goal of providing more compensation. In 2000, following the Erika incident, the IMO Legal Committee proposed new amendments, which are to take effect in November 2003. However, even before this new regime has entered into force the sinking of the Prestige has cast doubt on whether this new regime is indeed sufficient to deal with major oil spills. Hence, this paper will address some of the critical issues underlying the current structure of the regime and discuss possible future developments, as indicated in doctrine and at the policy level. Finally, the paper formulates concluding remarks.
Download or read book Compensation for Oil Pollution Damage written by Michael G. Faure and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper discusses important features of the international conventions regulating the compensation of oil pollution damage, more particularly the limitation of the liability of the tanker owner and the additional compensation provided through the IOPC Fund. The paper sketches the historical evolution of the conventions since their origin in 1969 until the latest amendments in May 2003. In addition, the compensation of victims of oil pollution in China is discussed, whereby it is stressed that China has acceeded to the CLC conventions, but has not implemented those in national law. The lack of compulsory insurance of tanker owners and the fact that China is not a party to the fund convention are critically discussed. A comparison between the international regime and Chinese law is provided. The paper concludes with a few policy conclusions and suggestions to improve the compensation of oil pollution damage in China.
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 The International Oil Pollution Compensation Funds and the International Regime of Compensation for Oil Pollution Damage written by Mans Jacobssen and published by . This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The International Oil Pollution Compensation Funds and the International Regime of Compensation for Oil Pollution Damage written by Mans Jacobsson and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Section by section Analysis of the Proposed Act Concerning Compensation for Oil Pollution Damage written by United States. Department of State and published by . This book was released on 1972 with total page 18 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 International Compensation Fund for Oil Pollution Damage written by United States. Congress. Senate. Committee on Foreign Relations. Subcommittee on Oceans and International Environment and published by . This book was released on 1973 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Compensation for Environmental Damages Under International Law written by Tarcísio Hardman Reis and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: At present there is no clear model under international law with which to determine compensation for environmental damage. After showing that no existing standard of compensation defined by the theory and practice of international law is adequate to cover all cases involving environmental damages - and that such a broad standard or set of standards may in fact be ultimately unachievable - the author of this important book develops a 'fair compensation' regime from an analysis of existing international dispute adjudication mechanisms, and presents this model as the best possible current approach to the conciliation of international responsibility and environmental interests.
Download or read book Oil Pollution Liability and Compensation Act written by United States. Congress. House. Committee on Foreign Affairs. Subcommittee on Human Rights and International Organizations and published by . This book was released on 1990 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Compulsory Insurance and Compensation for Bunker Oil Pollution Damage written by Ling Zhu and published by Springer Science & Business Media. This book was released on 2007-03-20 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Oil Pollution Liability and Compensation Act of 1986 written by United States. Congress. Senate. Committee on Environment and Public Works and published by . This book was released on 1986 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Texts of the 1992 Conventions on Liability and Compensation for Oil Pollution Damages written by and published by . This book was released on 2001 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book CONFERENCE ON THE ESTABLISHMENT OF AN INTERNATIONAL COMPENSATION FUND FOR OIL POLLUTION DAMAGE 1971 1972 Edition written by and published by IMO Publishing. This book was released on 1972 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
