Liability for Damage to the Marine Environment

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Publisher :
ISBN 13 :
Total Pages : 308 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis Liability for Damage to the Marine Environment by : Colin M. de la Rue

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.

Civil Liability for Marine Oil Pollution Damage

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142827
Total Pages : 411 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Civil Liability for Marine Oil Pollution Damage by : Wang Hui

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 411 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.

Marine Resource Damage Assessment

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Publisher : Springer Science & Business Media
ISBN 13 : 1402033680
Total Pages : 289 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis Marine Resource Damage Assessment by : F. Maes

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.

Principles of International Environmental Law

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Publisher : Cambridge University Press
ISBN 13 : 9780521521062
Total Pages : 1252 pages
Book Rating : 4.5/5 (21 download)

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Book Synopsis Principles of International Environmental Law by : Philippe Sands

Download or read book Principles of International Environmental Law written by Philippe Sands and published by Cambridge University Press. This book was released on 2003-10-09 with total page 1252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition of Philippe Sand's leading textbook on international environmental law provides a clear and authoritative introduction to the subject, revised to December 2002. It considers relevant new topics, including the Kyoto Protocol, genetically modified organisms, oil pollution, chemicals etc. and will remain the most comprehensive account of the principles and rules relating to environmental protection and the conservation of natural resources. In addition to the key material from the 1992 Rio Declaration and subsequent developments, Sands also covers topics including the legal and institutional framework, the field's historic development and standards for general application. This will continue to be an invaluable resource for both students and practitioners alike.

Prevention and Compensation of Marine Pollution Damage

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041123385
Total Pages : 398 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Prevention and Compensation of Marine Pollution Damage by : Michael Faure

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.

State Responsibility and the Marine Environment

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Publisher :
ISBN 13 :
Total Pages : 312 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis State Responsibility and the Marine Environment by : Brian D. Smith

Download or read book State Responsibility and the Marine Environment written by Brian D. Smith and published by . This book was released on 1988 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on damage affecting the seas--tank spills, for example, or the dumping of wastes--this book seeks to identify and illustrate a set of international legal rules for determining if and when a country should be held responsible for environmental harm.

Maritime Pollution Liability and Policy

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041128697
Total Pages : 498 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Maritime Pollution Liability and Policy by : Faure

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.

Pollution at Sea

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Publisher : Taylor & Francis
ISBN 13 : 1317984412
Total Pages : 626 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis Pollution at Sea by : Baris Soyer

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.

Civil Liability for Bunker Oil Pollution Damage

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Publisher : Peter Lang
ISBN 13 : 9783631604601
Total Pages : 340 pages
Book Rating : 4.6/5 (46 download)

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Book Synopsis Civil Liability for Bunker Oil Pollution Damage by : Dan Malika Gunasekera

Download or read book Civil Liability for Bunker Oil Pollution Damage written by Dan Malika Gunasekera and published by Peter Lang. This book was released on 2010 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Liability for Oil Pollution and Collisions

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Publisher :
ISBN 13 :
Total Pages : 648 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Liability for Oil Pollution and Collisions by : Z. Oya Özçayir

Download or read book Liability for Oil Pollution and Collisions written by Z. Oya Özçayir and published by . This book was released on 1998 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law of Environmental Damage

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041111289
Total Pages : 696 pages
Book Rating : 4.1/5 (112 download)

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Book Synopsis The Law of Environmental Damage by : Marie-Louise Larsson

Download or read book The Law of Environmental Damage written by Marie-Louise Larsson and published by Martinus Nijhoff Publishers. This book was released on 1999-03-02 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: From its starting point within international law, throughout its progression from regional to national law, "The Law of Environmental Damage" combines the disciplines of environmental law, liability law and insurance in its analysis of the development of reparative environmental law. In the model adopted, three generations of reparative schemes are identified, based on civil liability or administrative liability or self-taken measures from the area of insurance. The analysis applied is based on factors of standard and designation of liability, as well as the definition and assessment of environmental damage. Issues such as environmental lender liability and damage to public natural resources are highlighted. The results of the study are evaluated within the framework of a theory of environmental efficiency; among other factors, the reparative effect of liability rules is discussed.

Pollution of the Sea - Prevention and Compensation

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Publisher : Springer Science & Business Media
ISBN 13 : 3540733957
Total Pages : 188 pages
Book Rating : 4.5/5 (47 download)

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Book Synopsis Pollution of the Sea - Prevention and Compensation by : Jurgen Basedow

Download or read book Pollution of the Sea - Prevention and Compensation written by Jurgen Basedow and published by Springer Science & Business Media. This book was released on 2007-07-11 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Max Planck Research School for Maritime Affairs hosted a global conference addressing marine pollution. At this meeting, academics and practitioners came together to discuss their findings and debate recent developments from an interdisciplinary perspective. This volume reflects those discussions, examining a broad range of topics concerning the ecological, economic, political, and legal aspects of the pollution of the sea.

Transboundary Damage in International Law

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Publisher : Cambridge University Press
ISBN 13 : 1139438107
Total Pages : 400 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Transboundary Damage in International Law by : Hanqin Xue

Download or read book Transboundary Damage in International Law written by Hanqin Xue and published by Cambridge University Press. This book was released on 2003-03-13 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chernobyl disaster, the Amoco Cadiz oil spill and the Colorado River dispute are examples of an activity conducted by one state which has serious adverse effects in the territory of another, or in global common areas. This book details the international rules and compensation procedures and is intended for use by governmental officials, international lawyers and jurists. It discusses existing laws on international liability and considers the underlying legal issues that require further development. It is one of the few books on the subject written from the perspective of a developing country with rapid economic and social development.

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

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Publisher :
ISBN 13 :
Total Pages : 128 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis 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 by : United States. Congress. Senate. Commerce

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:

Oil Pollution at Sea

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Publisher : Wiley
ISBN 13 : 9780471970668
Total Pages : 0 pages
Book Rating : 4.9/5 (76 download)

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Book Synopsis Oil Pollution at Sea by : Gotthard Gauci

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.

Environmental Damage in International and Comparative Law

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Publisher : Oxford University Press, USA
ISBN 13 : 9780199255733
Total Pages : 390 pages
Book Rating : 4.2/5 (557 download)

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Book Synopsis Environmental Damage in International and Comparative Law by : Michael Bowman

Download or read book Environmental Damage in International and Comparative Law written by Michael Bowman and published by Oxford University Press, USA. This book was released on 2002 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study considers the problems of defining and valuing "environmental damage" from the perspective of international and comparative law. The need for a broad and systematic evaluation of this issue is illustrated by the number of topics presently on the international law-making agenda to which it is relevant, including the UN Compensation Commission's decisions on compensation for environmental losses suffered by Kuwait in the Gulf War, nuclear and oil pollution liability regimes, the development of an environmental liability protocol to the Antarctic Treaty and other agreements on bio-safety and genetically modified organisms. It is thus an important element in contemporary efforts to strengthen legal remedies for environmental harm which does not necessarily come within traditional categories of legally protected personal or property rights.

The Impact of Marine Pollution

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Publisher : Routledge
ISBN 13 : 1000683001
Total Pages : 282 pages
Book Rating : 4.0/5 (6 download)

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Book Synopsis The Impact of Marine Pollution by : Douglas J. Cusine

Download or read book The Impact of Marine Pollution written by Douglas J. Cusine and published by Routledge. This book was released on 2019-10-28 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1980, this book by a group of international lawyers and experts from the energy industries suggests ways in which the law may have to change to cope with developments in the oil and nuclear energy industries and the way they impact on marine pollution. Incorporating issues arising on an international and comparative basis, the book discusses the approaches made to marine pollution problems by the UK, EU and USA.