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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.
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.
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.
Diluted bitumen has been transported by pipeline in the United States for more than 40 years, with the amount increasing recently as a result of improved extraction technologies and resulting increases in production and exportation of Canadian diluted bitumen. The increased importation of Canadian diluted bitumen to the United States has strained the existing pipeline capacity and contributed to the expansion of pipeline mileage over the past 5 years. Although rising North American crude oil production has resulted in greater transport of crude oil by rail or tanker, oil pipelines continue to deliver the vast majority of crude oil supplies to U.S. refineries. Spills of Diluted Bitumen from Pipelines examines the current state of knowledge and identifies the relevant properties and characteristics of the transport, fate, and effects of diluted bitumen and commonly transported crude oils when spilled in the environment. This report assesses whether the differences between properties of diluted bitumen and those of other commonly transported crude oils warrant modifications to the regulations governing spill response plans and cleanup. Given the nature of pipeline operations, response planning, and the oil industry, the recommendations outlined in this study are broadly applicable to other modes of transportation as well.
The 2004 Environmental Liability Directive (ELD) created a legal regime for the restoration of environmental damage that was novel to all EU Member States. This is the first book to provide a comprehensive commentary on legal issues arising under the ELD as well as guidance on interpreting and applying the ELD.