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Pollution From The Carriage Of Oil By Sealiability And Compensation Issues
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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 The Professional Salvor's Liability in the Law of Negligence and the Doctrine of Affirmative Damages by : Miso Mudric
Download or read book The Professional Salvor's Liability in the Law of Negligence and the Doctrine of Affirmative Damages written by Miso Mudric and published by LIT Verlag Münster. This book was released on 2013 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: The research in this book examines the issue of professional salvor's liability for damage caused due to negligent performance of salvage services. Analysis is focused on the relevant international law (1989 Salvage Convention, 1976 LLMC Convention, and the 1992 CLC Convention), the (professional) liability provisions of the chosen number of jurisdictions (England/Wales, Germany, France, and the US), the standard salvage contract forms, the standard of care, the relevant salvage case law, the sanctions for poor or non-performance, and the methods of calculating the limitation of liability. (Series: Writings on Maritime and Port Law / Schriften zum See- und Hafenrecht - Vol. 20)
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.
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 Oil Spill Science and Technology by : Mervin Fingas
Download or read book Oil Spill Science and Technology written by Mervin Fingas and published by Gulf Professional Publishing. This book was released on 2016-11-23 with total page 1080 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oil Spill Science and Technology, Second Edition, delivers a multi-contributed view on the entire chain of oil-spill related topics from oil properties and behaviors, to remote sensing through the management side of contingency planning and communicating oil spill risk perceptions. Completely new case studies are included with special attention to the Deepwater Horizon event, covering the impacts of wetlands and sand beaches, a mass balance approach, and the process for removing petroleum chemicals still trapped near Alabama beaches. Other new information on lingering oil left behind from the Exxon Valdez spill, the emergency system used in the Prestige incident, and coverage on the Heibei Spirit spill in Korea are also included. This updated edition combines technology with case studies to identify the current state of knowledge surrounding oil spills that will encourage additional areas of research that are left to uncover in this critical sector of the oil and gas industry. - Updated with new chapters on risk analysis and communication, contingency planning, restoration, and case studies - Supported with technological advances evolved from the Deepwater Horizon/BP oil tragedy and events in the Arctic/Antarctic - Multi-contributed from various industry experts to provide an extensive background in technical equipment and worldwide procedures used today
Book Synopsis Compulsory Insurance and Compensation for Bunker Oil Pollution Damage by : Ling Zhu
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.
Book Synopsis Liability for Environmental Harm to the Global Commons by : Neil Craik
Download or read book Liability for Environmental Harm to the Global Commons written by Neil Craik and published by Cambridge University Press. This book was released on 2023-08-31 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: A full examination of global legal rules governing liability for environmental harm in areas beyond the national jurisdiction of states.
Author :Meltem Deniz Güner-Özbek Publisher :Springer Science & Business Media ISBN 13 :3540758372 Total Pages :369 pages Book Rating :4.5/5 (47 download)
Book Synopsis The Carriage of Dangerous Goods by Sea by : Meltem Deniz Güner-Özbek
Download or read book The Carriage of Dangerous Goods by Sea written by Meltem Deniz Güner-Özbek and published by Springer Science & Business Media. This book was released on 2007-11-14 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever-increasing numbers of dangerous goods are carried by sea today. Worldwide concern with the risk posed by this increased frequency has led to the adoption of international technical standards to promote maritime safety and the insertion of special provisions in the carriage contracts. Moreover, growing environmental awareness and concern with the economic cost implications of maritime casualties have given rise to the regulation of liability and compensation.
Book Synopsis Coastal State Jurisdiction over Ships in Need of Assistance, Maritime Casualties and Shipwrecks by : Iva Parlov
Download or read book Coastal State Jurisdiction over Ships in Need of Assistance, Maritime Casualties and Shipwrecks written by Iva Parlov and published by BRILL. This book was released on 2022-08-01 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Coastal State Jurisdiction over Ships in Need of Assistance, Maritime Casualties and Shipwrecks, Iva Parlov takes a systemic approach in providing a holistic and dynamic understanding of the legal issues raised by ships in peril in the contemporary context.
Book Synopsis Civil Liability for Accidents at Sea by : Sarah Fiona Gahlen
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.
Book Synopsis Liability for Damage to Public Natural Resources:Standing, Damage and Damage Assessment by : Edward Brans
Download or read book Liability for Damage to Public Natural Resources:Standing, Damage and Damage Assessment written by Edward Brans and published by Kluwer Law International B.V.. This book was released on 2001-10-17 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on liability for damage to those natural resources that are of interest to the public and are protected by national, European or international law. It provides an overview of the law of the United States and of certain EU Member States on the recovery of damages for injury to natural resources. The international civil liability conventions that cover environmental harm and the recently published European Commission's White Paper on environmental liability are also discussed. The on-going development in various international forums of treaties or protocols dealing with liability for environmental damage are analyzed, as are the principles developed by the UNEP Working Group established in response to the 1990 Gulf War to advise the UNCC on claims for damage to natural resources. The book addresses assessment and valuation issues, the issue of standing in cases of injury to (un)owned natural resources, and the determination of ways to repair, restore and compensate for natural resource injuries and the associated loss of ecological and human services. It also explains why such a difference exists between the US and most European jurisdictions and inter-national liability conventions as to the recovery of damages for injury to natural resources.
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.
Book Synopsis The Liability of Classification Societies by : Nicolai I. Lagoni
Download or read book The Liability of Classification Societies written by Nicolai I. Lagoni and published by Springer Science & Business Media. This book was released on 2007-06-29 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because the liability of ship owners is limited, classification societies have been considered as exempt from liability. This book analyses which actions of classification societies may give rise to claims and whether or not the societies can be held liable under English, German or American maritime law. In addition, it develops the fundamental aspects of an international convention on the limitation of the liability of classification societies.
Book Synopsis Oil Spills First Principles by : B. Ornitz†
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.
Author :ZUZANNA PEPŁOWSKA-DĄBROWSKA Publisher :Wydawnictwo Naukowe Uniwersytetu Mikołaja Kopernika ISBN 13 :8323138036 Total Pages :34 pages Book Rating :4.3/5 (231 download)
Book Synopsis Odpowiedzialność cywilna za szkody spowodowane zanieczyszczeniem olejami ze statku by : ZUZANNA PEPŁOWSKA-DĄBROWSKA
Download or read book Odpowiedzialność cywilna za szkody spowodowane zanieczyszczeniem olejami ze statku written by ZUZANNA PEPŁOWSKA-DĄBROWSKA and published by Wydawnictwo Naukowe Uniwersytetu Mikołaja Kopernika. This book was released on 2017 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: Książka jest jedynym na rynku polskim omówieniem problematyki odpowiedzialności cywilnej za szkody olejowe ze statku. Rozwój transportu ropy naftowej drogą morską czyni tę tematykę niezwykle aktualną, o czym świadczą niedawne katastrofy tankowców Erika, Prestige czy wyciek z platformy wiertniczej Deepwater Horizon w Zatoce Meksykańskiej. Autorka omawia międzynarodowy system kompensacji szkód olejowych, który tworzą ratyfikowane przez Polskę konwencje międzynarodowe. Porównuje go z autonomicznymi rozwiązaniami przyjętymi w prawie amerykańskim, które były przedmiotem Jej badań podczas stypendium naukowego Polsko-Amerykańskiej Komisji Fulbrighta w Tulane Law School. Zarówno międzynarodowy, jak i amerykański system kompensacji szkód olejowych został przedstawiony na podstawie analizy licznego i aktualnego orzecznictwa oraz literatury. Autorka poddaje również szczegółowej analizie rozwiązania prawa polskiego, uwzględniając nowelizację kodeksu morskiego.
Book Synopsis Responsibilities and Liabilities for Commercial Activity in the Arctic by : Vibe Ulfbeck
Download or read book Responsibilities and Liabilities for Commercial Activity in the Arctic written by Vibe Ulfbeck and published by Routledge. This book was released on 2016-03-02 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Given the magnitude of the risks associated with commercial activities in the Arctic arising as a result of the milder climate, new business opportunities raise important questions of responsibility and liability. This book analyses the issues of responsibility and liability connected with the exploitation of natural resources, marine transport and other activities in the Arctic. Applying a combined private and public law perspective on these issues, it considers both the business and societal interests related to Arctic development using Greenland as an example. The book focuses on problems that are specific to Greenland and wider issues that affect all Arctic states.
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 Science & Business Media. This book was released on 2014-01-07 with total page 330 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.
