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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.
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.
The passage of the Oil Pollution Act of 1990 (OPA 90) by Congress and subsequent modifications of international maritime regulations resulted in a far-reaching change in the design of tank vessels. Double-hull rather than single-hull tankers are now the industry standard, and nearly all ships in the world maritime oil transportation fleet are expected to have double hulls by about 2020. This book assesses the impact of the double hull and related provisions of OPA 90 on ship safety, protection of the marine environment, and the economic viability and operational makeup of the maritime oil transportation industry. The influence of international conventions on tank vessel design and operation is addressed. Owners and operators of domestic and international tank vessel fleets, shipyard operators, marine architects, classification societies, environmentalists, and state and federal regulators will find this book useful.
Since the early 1970s, experts have recognized that petroleum pollutants were being discharged in marine waters worldwide, from oil spills, vessel operations, and land-based sources. Public attention to oil spills has forced improvements. Still, a considerable amount of oil is discharged yearly into sensitive coastal environments. Oil in the Sea provides the best available estimate of oil pollutant discharge into marine waters, including an evaluation of the methods for assessing petroleum load and a discussion about the concerns these loads represent. Featuring close-up looks at the Exxon Valdez spill and other notable events, the book identifies important research questions and makes recommendations for better analysis ofâ€"and more effective measures againstâ€"pollutant discharge. The book discusses: Inputâ€"where the discharges come from, including the role of two-stroke engines used on recreational craft. Behavior or fateâ€"how oil is affected by processes such as evaporation as it moves through the marine environment. Effectsâ€"what we know about the effects of petroleum hydrocarbons on marine organisms and ecosystems. Providing a needed update on a problem of international importance, this book will be of interest to energy policy makers, industry officials and managers, engineers and researchers, and advocates for the marine environment.

Oil Pollution Liability

United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Coast Guard and Navigation

Published: 1985

Total Pages: 296


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This edited volume presents a comprehensive and coherent interdisciplinary analysis of challenges and possibilities for sustainable governance of the Baltic Sea ecosystem by combining knowledge and approaches from natural and social sciences. Focusing on the Ecosystem Approach to Management (EAM) and associated multi-level, multi-sector and multi-actor challenges, the book provides up-to-date descriptions and analyses of environmental governance structures and processes at the macro-regional Baltic Sea level. Organised in two parts, Part 1 presents in-depth case studies of environmental governance practices and challenges linked to five key environmental problems - eutrophication, chemical pollution, overfishing, oil discharges and invasive species. Part 2 analyses and compares governance challenges and opportunities across the five case studies, focusing on governance structures and EAM implementation, knowledge integration and science support, as well as stakeholder communication and participation. Based on these cross-case comparisons, this book also draws a set of general conclusions on possible ways of improving the governance of the Baltic Sea by promoting what are identified as vital functions of environmental governance: coordination, integration, interdisciplinarity, precaution, deliberation, communication and adaptability.
Whether the result of an oil well blowout, vessel collision or grounding, leaking pipeline, or other incident at sea, each marine oil spill will present unique circumstances and challenges. The oil type and properties, location, time of year, duration of spill, water depth, environmental conditions, affected biomes, potential human community impact, and available resources may vary significantly. Also, each spill may be governed by policy guidelines, such as those set forth in the National Response Plan, Regional Response Plans, or Area Contingency Plans. To respond effectively to the specific conditions presented during an oil spill, spill responders have used a variety of response optionsâ€"including mechanical recovery of oil using skimmers and booms, in situ burning of oil, monitored natural attenuation of oil, and dispersion of oil by chemical dispersants. Because each response method has advantages and disadvantages, it is important to understand specific scenarios where a net benefit may be achieved by using a particular tool or combination of tools. This report builds on two previous National Research Council reports on dispersant use to provide a current understanding of the state of science and to inform future marine oil spill response operations. The response to the 2010 Deepwater Horizon spill included an unprecedented use of dispersants via both surface application and subsea injection. The magnitude of the spill stimulated interest and funding for research on oil spill response, and dispersant use in particular. This study assesses the effects and efficacy of dispersants as an oil spill response tool and evaluates trade-offs associated with dispersant use.
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.
Can we design an oil tanker that meets our complex demands for environmental protection, economical operation, and crew safety? This volume evaluates and ranks a wide variety of tank ship hull designs proposed by experts around the world. Based on extensive research and studies, the book explores the implications of our rising demand for petroleum and increase in tanker operations; U.S. government regulations and U.S. Coast Guard policies regarding designs for new tank vessel construction; how new ship design would affect crew safety, maintenance, inspection, and other technical issues; the prospects for retrofitting existing tankers to reduce the risk of oil spills; and more. The conclusions and recommendations will be particularly important to maritime safety regulators in the United States and abroad; naval architects; ship operators and engineers; and officials in the petroleum, shipping, and marine insurance industries.