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Maritime Pollution Liability And Policy
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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.
Book Synopsis Civil Liability for Marine Oil Pollution Damage by : Hui Wang
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.
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.
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.
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 :4.0/5 (1 download)
Book Synopsis Oil Pollution Liability by : United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Coast Guard and Navigation
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 :United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Coast Guard and Navigation Publisher : ISBN 13 : Total Pages :230 pages Book Rating :4.:/5 (318 download)
Book Synopsis Oil Pollution Liability by : United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Coast Guard and Navigation
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 1977 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Oil Pollution Liability and Financial Responsibility: Legal, economic and technical aspects of liability and financial responsibility as related to oil pollution : a study performed for the United States Coast Guard ...by the Program of Policy Studies in Science and Technology, George Washington University by : United States. Coast Guard
Download or read book Oil Pollution Liability and Financial Responsibility: Legal, economic and technical aspects of liability and financial responsibility as related to oil pollution : a study performed for the United States Coast Guard ...by the Program of Policy Studies in Science and Technology, George Washington University written by United States. Coast Guard and published by . This book was released on 1970 with total page 770 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
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.
Book Synopsis Effects of Insurance on Maritime Liability Law by : Muhammad Masum Billah
Download or read book Effects of Insurance on Maritime Liability Law written by Muhammad Masum Billah and published by Springer. This book was released on 2016-08-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines how the absence of insurance in the past led to some special maritime liability law principles such as ‘general average’ (i.e., losses or expenses shared by all the parties to a maritime adventure) and the limitation of shipowners’ liability. In the absence of insurance, these principles served the function of insurance mostly for shipowners. As commercial marine insurance is now widely available, these principles have lost their justification and may in fact interfere with the most important goal of liability law i.e., deterrence from negligence. The work thus recommends their abolition. It further argues that when insurance is easily available and affordable to the both parties to a liability claim, the main goal of liability law should be deterrence as opposed to compensation. This is exactly the case with the maritime cargo liability claims where both cargo owners and shipowners are invariably insured. As a result, the sole focus of cargo liability law should be and to a great extent, is deterrence. On the other hand in the vessel-source oil pollution liability setting, pollution victims are not usually insured. Therefore oil pollution liability law has to cater both for compensation and deterrence, the two traditional goals of liability law. The final question the work addresses is whether the deterrent effect of liability law is affected by the availability of liability insurance. Contrary to the popular belief the work attempts to prove that the presence of liability insurance is not necessarily a hindrance but can be a complementary force towards the realization of deterrent goal of liability law.
Author :United States. Congress. House. Committee on Transportation and Infrastructure. Subcommittee on Coast Guard and Maritime Transportation Publisher : ISBN 13 : Total Pages :178 pages Book Rating :4.F/5 ( download)
Book Synopsis The Federal Requirements for Vessels to Obtain Evidence of Financial Responsibility for Oil Spill Liability Under the Oil Pollution Act of 1990 by : United States. Congress. House. Committee on Transportation and Infrastructure. Subcommittee on Coast Guard and Maritime Transportation
Download or read book The Federal Requirements for Vessels to Obtain Evidence of Financial Responsibility for Oil Spill Liability Under the Oil Pollution Act of 1990 written by United States. Congress. House. Committee on Transportation and Infrastructure. Subcommittee on Coast Guard and Maritime Transportation and published by . This book was released on 1997 with total page 178 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 :388 pages Book Rating :4.0/5 (18 download)
Book Synopsis Oil Pollution Liability by : United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Coast Guard and Navigation
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 1976 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Pollution from the Carriage of Oil by Sea:Liability and Compensation Issues by : Wu Chao
Download or read book Pollution from the Carriage of Oil by Sea:Liability and Compensation Issues written by Wu Chao and published by Springer. This book was released on 1996-09-20 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important new reference work analyses the special legal regime for oil pollution liability and compensation with regard to shipowners and cargo owners. it describes the system put in place by international Conventions and international voluntary agreements with particular regard To The IOPC Fund compensation policy. This work examines in detail how responsibility is divided between shipowners and oil companies and which claims for pollution damage are admissible within the framework of the Conventions. The operation and application of the Conventions is considered specifically in the light of the unilateral approach adopted by the United States based on an extensive study of legislation and caselaw.
Book Synopsis Oil Pollution Liability and Financial Responsibility by : United States. Coast Guard
Download or read book Oil Pollution Liability and Financial Responsibility written by United States. Coast Guard and published by . This book was released on 1970 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Oil Pollution Liability and Compensation, Course and Compendium by :
Download or read book Oil Pollution Liability and Compensation, Course and Compendium written by and published by . This book was released on 1991 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Pollution Law and Insurance:A Comparison of the Legal Regimes of European States and the U. S. A. by : Anthony Fitzsimmons
Download or read book Pollution Law and Insurance:A Comparison of the Legal Regimes of European States and the U. S. A. written by Anthony Fitzsimmons and published by Springer. This book was released on 1997-11-04 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pollution does not respect national frontiers. Accidents in one country can cause pollution and economic loss in many others. This proposition forms the seed of one of two studies of the Pollution and Insurance Working Party of the International Insurance Law Association (AIDA) presented in this volume. The contributors analyse matters relating to jurisdiction, applicable law, material law as to bases of liability and locus standi, procedure and enforcement, and disclosure to plaintiffs regarding existing insurance. Pollution incidents often lead to demands for clean-up cost reimbursement. In the field of marine insurance, such expenses are regularly covered as `sue and labour' expenses, though sometimes subject to limits created by indemnity and specific exclusions. The position is far less clear in non-marine insurance. The second study in this book looks at the current practice in countries where salvage costs are treated under binding legal rules, insurance clauses, and by courts and jurisprudence. Through the presentation of the results of these two studies, this book examines issues relating to forum shopping and salvage costs in the field of pollution insurance in a number of jurisdictions worldwide, setting out the numerous complexities and national variations in a clear and concise manner.
Book Synopsis The Law of the Seabed by : Catherine Banet
Download or read book The Law of the Seabed written by Catherine Banet and published by BRILL. This book was released on 2020-01-29 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the Seabed reviews the most pressing legal questions raised by the use and protection of natural resources on and underneath the world’s seabeds. While barely accessible, the seabed plays a major role in the Earth’s ecological balance. It is both a medium and a resource, and is central to the blue economy. New uses and new knowledge about seabed ecosystems, and the risks of disputes due to competing interests, urge reflection on which regulatory approaches to pursue. The regulation of ocean activities is essentially sector-based, and the book puts in parallel the international and national regimes for seabed mining, oil and gas, energy generation, bottom fisheries, marine genetic resources, carbon sequestration and maritime security operations, both within and beyond the national jurisdiction. The book contains seven parts respectively addressing the definition of the seabed from a multidisciplinary perspective, the principles of jurisdiction delimitation under the United Nations Convention on the Law of the Sea (UNCLOS), the regimes for use of non-living, living and marine biodiversity resources, the role of state and non-state actors, the laying and removal of installations, the principles for sustainable and equitable use (common heritage of mankind, precaution, benefit sharing), and management tools to ensure coexistence between activities as well as the protection of the marine environment.
