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Vol 23 No 3 March/April 2018

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Scamell and Gasztowicz on Land Covenants

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Maritime Pollution Liability and Policy: China, Europe and the U.S.

ISBN13: 9789041128690
Published: October 2010
Publisher: Kluwer Law International
Country of Publication: The Netherlans
Format: Hardback
Price: £96.00

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Too many oil spills have given dramatic evidence of the inadequacy of international conventions designed to prevent and/or compensate for maritime pollution damage.

In the light of the ecological disaster caused by such incidents and the huge economic consequences for the population of the zones affected, various concerned parties around the world are deeply committed to the goals of optimizing legal mechanisms to prevent and deter maritime pollution incidents as well as providing better and more efficient compensation of victims.

One of the more notable conferences dedicated to this purpose was sponsored by the Institute of International Maritime Law of Dalian Maritime University in conjunction with the Maastricht European Institute for Transnational Legal Research in June 2009.

This important book is a record of that conference. Twenty-nine authors – academics, lawyers, and officials of relevant agencies, from China, Europe, and the United States – here offer thorough analysis of the overt and underlying legal issues with which this difficult matter is fraught, including the following:-

  • imposition of financial caps;
  • competence of authorities;
  • criminal sanctions for non-compliance;
  • parties to criminal liability;
  • territorial scope of state police power;
  • relevance and application of the public trust doctrine;
  • carriage of dangerous substances by sea;
  • fair treatment of seafarers;
  • role of the ‘protection and indemnity clubs’;
  • monitoring and inspections of ships as an aspect of criminal law; and
  • insurance coverage for fines.
The approach thoughout 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 U.S. 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.

Through a critical review of the current structure of prevention and compensation for oil pollution damage, this book opens the door to a further restructuring of conventions (or national legislation), clarifying the dimensions of the crucial discussion about of how an optimal enforcement of oil pollution legislation can be achieved and who should bear the costs. It will be hugely valuable to policymakers and practitioners dealing with this most daunting and urgent of international legal problems.

Environmental Law

Series: Energy and Environmental Law and Policy Series

The Instrumentalisation of Property: Legal Interests in the EU Emissions Trading System ISBN 9789041154200
Published October 2014
Kluwer Law International
International Energy Investment Law: Stability Through Contractual Clauses ISBN 9789041134110
Published January 2011
Kluwer Law International
Compensating Catastrophe Victims: A Comparative Law and Economics Approach ISBN 9789041132635
Published October 2010
Kluwer Law International
The Role of the Judiciary in Environmental Governance: Comparative Perspectives ISBN 9789041127082
Published May 2009
Kluwer Law International
Legal Systems and Wind Energy: A Comparative Perspective ISBN 9789041128317
Published March 2009
Kluwer Law International