Maritime Pollution Liability And Policy PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Maritime Pollution Liability And Policy PDF full book. Access full book title Maritime Pollution Liability And Policy.
Author | : Faure |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 498 |
Release | : 2010-01-01 |
Genre | : Law |
ISBN | : 9041128697 |
Download Maritime Pollution Liability and Policy Book in PDF, ePub and Kindle
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.
Author | : Wang Hui |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 411 |
Release | : 2011-09-15 |
Genre | : Law |
ISBN | : 9041142827 |
Download Civil Liability for Marine Oil Pollution Damage Book in PDF, ePub and Kindle
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.
Author | : Baris Soyer |
Publisher | : Taylor & Francis |
Total Pages | : 626 |
Release | : 2013-06-07 |
Genre | : Law |
ISBN | : 1317984412 |
Download Pollution at Sea Book in PDF, ePub and Kindle
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 | : Michael Faure |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 398 |
Release | : 2006-01-01 |
Genre | : Law |
ISBN | : 9041123385 |
Download Prevention and Compensation of Marine Pollution Damage Book in PDF, ePub and Kindle
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.
Author | : United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Coast Guard and Navigation |
Publisher | : |
Total Pages | : 370 |
Release | : 1987 |
Genre | : Compensation (Law) |
ISBN | : |
Download Oil Pollution Liability Book in PDF, ePub and Kindle
Author | : United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Coast Guard and Navigation |
Publisher | : |
Total Pages | : 376 |
Release | : 1976 |
Genre | : Liability for oil pollution damages |
ISBN | : |
Download Oil Pollution Liability Book in PDF, ePub and Kindle
Author | : United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Coast Guard and Navigation |
Publisher | : |
Total Pages | : 230 |
Release | : 1977 |
Genre | : Liability for oil pollution damages |
ISBN | : |
Download Oil Pollution Liability Book in PDF, ePub and Kindle
Author | : United States. Coast Guard |
Publisher | : |
Total Pages | : 770 |
Release | : 1970 |
Genre | : Oil pollution of rivers, harbors, etc |
ISBN | : |
Download 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 Book in PDF, ePub and Kindle
Author | : Jurgen Basedow |
Publisher | : Springer Science & Business Media |
Total Pages | : 188 |
Release | : 2007-07-11 |
Genre | : Science |
ISBN | : 3540733957 |
Download Pollution of the Sea - Prevention and Compensation Book in PDF, ePub and Kindle
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.
Author | : Colin M. de la Rue |
Publisher | : |
Total Pages | : 308 |
Release | : 1993 |
Genre | : Law |
ISBN | : |
Download Liability for Damage to the Marine Environment Book in PDF, ePub and Kindle
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.