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Civil Liability for Marine Oil Pollution Damage: A Comparative and Economic Study of the International, US and Chinese Compensation Regime

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ISBN13: 9789041136725
Published: September 2011
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £96.00

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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 is 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.

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Shipping, Transport and Maritime Law, Environmental Law
Table of Contents. About the Author. List of Abbreviations. List of Tables.
Chapter 1 Introduction.
Chapter 2 Legal Framework for Vessel Source Marine Pollution.
Chapter 3 Introduction of the International Regime.
Chapter 4 Evolution of the International Regime.
Chapter 5 US Regime on Civil Liability for Marine Oil Pollution.
Chapter 6 Chinese Marine Oil Pollution Compensation Regime.
Chapter 7 Comparative Analysis.
Chapter 8 Economic Analysis.
Chapter 9 Law and Practice: Marine Pollution in Motion.
Chapter 10 Conclusions and Policy Recommendations. Table of Cases. Table of Legislations. Bibliography. Index

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
Maritime Pollution Liability and Policy: China, Europe and the U.S. ISBN 9789041128690
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