Author: Tarcísio Hardman Reis
Publisher: Kluwer Law International B.V.
ISBN: 9041134379
Category : Law
Languages : en
Pages : 250
Book Description
At present there is no clear model under international law with which to determine compensation for environmental damage. After showing that no existing standard of compensation defined by the theory and practice of international law is adequate to cover all cases involving environmental damages - and that such a broad standard or set of standards may in fact be ultimately unachievable - the author of this important book develops a 'fair compensation' regime from an analysis of existing international dispute adjudication mechanisms, and presents this model as the best possible current approach to the conciliation of international responsibility and environmental interests.
Section-by-section Analysis of the Proposed Act Concerning Compensation for Oil Pollution Damage
Author: United States. Department of State
Publisher:
ISBN:
Category : Liability for oil pollution damages
Languages : en
Pages : 18
Book Description
Publisher:
ISBN:
Category : Liability for oil pollution damages
Languages : en
Pages : 18
Book Description
Compensation for Environmental Damages Under International Law
Author: Tarcísio Hardman Reis
Publisher: Kluwer Law International B.V.
ISBN: 9041134379
Category : Law
Languages : en
Pages : 250
Book Description
At present there is no clear model under international law with which to determine compensation for environmental damage. After showing that no existing standard of compensation defined by the theory and practice of international law is adequate to cover all cases involving environmental damages - and that such a broad standard or set of standards may in fact be ultimately unachievable - the author of this important book develops a 'fair compensation' regime from an analysis of existing international dispute adjudication mechanisms, and presents this model as the best possible current approach to the conciliation of international responsibility and environmental interests.
Publisher: Kluwer Law International B.V.
ISBN: 9041134379
Category : Law
Languages : en
Pages : 250
Book Description
At present there is no clear model under international law with which to determine compensation for environmental damage. After showing that no existing standard of compensation defined by the theory and practice of international law is adequate to cover all cases involving environmental damages - and that such a broad standard or set of standards may in fact be ultimately unachievable - the author of this important book develops a 'fair compensation' regime from an analysis of existing international dispute adjudication mechanisms, and presents this model as the best possible current approach to the conciliation of international responsibility and environmental interests.
Compensation for Pollution Damage
Author: Organisation for Economic Co-operation and Development
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 218
Book Description
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 218
Book Description
International Compensation Fund for Oil Pollution Damage, Hearings Before the Subcommittee on Oceans and International Environment..., 93-1, on Executive K, 92-2..., and S.841..., April 17 and 18, 1973
Author: United States. Congress. Senate. Foreign Relations
Publisher:
ISBN:
Category :
Languages : en
Pages : 214
Book Description
Publisher:
ISBN:
Category :
Languages : en
Pages : 214
Book Description
Civil Liability for Marine Oil Pollution Damage
Author: Hui Wang
Publisher: Kluwer Law International B.V.
ISBN: 904113672X
Category : Law
Languages : en
Pages : 442
Book Description
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.
Publisher: Kluwer Law International B.V.
ISBN: 904113672X
Category : Law
Languages : en
Pages : 442
Book Description
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.
Civil Liability for Oil Pollution Damage
Author: International Maritime Organization
Publisher: IMO Publishing
ISBN: 9789280113310
Category : Law
Languages : en
Pages : 138
Book Description
"This publication contain the texts of the documents which resulted from the work of the 1992 International Conference on the Revision of the 1969 Civil Liability Convention and the 1971 Fund Convention. The Conference, which was convened by the International Maritime Organization (IMO), met in London from 23 to 27 November 1992"--Page iii
Publisher: IMO Publishing
ISBN: 9789280113310
Category : Law
Languages : en
Pages : 138
Book Description
"This publication contain the texts of the documents which resulted from the work of the 1992 International Conference on the Revision of the 1969 Civil Liability Convention and the 1971 Fund Convention. The Conference, which was convened by the International Maritime Organization (IMO), met in London from 23 to 27 November 1992"--Page iii
General Information on Liability and Compensation for Oil Pollution Damage
Author: International Oil Pollution Compensation Fund
Publisher:
ISBN:
Category :
Languages : en
Pages : 21
Book Description
Publisher:
ISBN:
Category :
Languages : en
Pages : 21
Book Description
Compulsory Insurance and Compensation for Bunker Oil Pollution Damage
Author: Ling Zhu
Publisher: Springer Science & Business Media
ISBN: 3540459030
Category : Law
Languages : en
Pages : 254
Book Description
Oil tankers are not solely to blame for pollution at sea. Non-tankers have released numerous spills. The International Convention on Civil Liability for Bunker Oil Pollution Damage has been adopted, but has not yet come into force. This timely and comprehensive book studies compulsory insurance, its main purpose of ensuring compensation and its interrelations with other features such as the rule of strict liability, the limitation of liability of that convention.
Publisher: Springer Science & Business Media
ISBN: 3540459030
Category : Law
Languages : en
Pages : 254
Book Description
Oil tankers are not solely to blame for pollution at sea. Non-tankers have released numerous spills. The International Convention on Civil Liability for Bunker Oil Pollution Damage has been adopted, but has not yet come into force. This timely and comprehensive book studies compulsory insurance, its main purpose of ensuring compensation and its interrelations with other features such as the rule of strict liability, the limitation of liability of that convention.
Prevention and Compensation of Marine Pollution Damage
Author: Michael Faure
Publisher: Kluwer Law International B.V.
ISBN: 9041123385
Category : Law
Languages : en
Pages : 398
Book Description
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.
Publisher: Kluwer Law International B.V.
ISBN: 9041123385
Category : Law
Languages : en
Pages : 398
Book Description
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.
International Compensation Fund for Oil Pollution Damage
Author: United States. Congress. Senate. Committee on Foreign Relations. Subcommittee on Oceans and International Environment
Publisher:
ISBN:
Category : Liability for oil pollution damages
Languages : en
Pages : 212
Book Description
Publisher:
ISBN:
Category : Liability for oil pollution damages
Languages : en
Pages : 212
Book Description