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Maritime Pollution Liability and Policy

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

Author: Michael Faure; Han Lixin; Shan Hongjun
Publisher: Kluwer Law International
ISBN: 9789041128690
Published In: September 2010
Format: Hardback , 496 pages
Jurisdiction: China, Europe, U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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 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.

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.

Reviews:

"This is a lively and enjoyable collection of papers and an illuminating review of the considerable difficulties that China will face implementing key liability conventions in future years."

Dr. Richard Caddell in IUCN Academy of Environmental Law eJournal 2011(1)

Chapter 1 Introduction

Part I General Issues in Prevention and Compensation of Marine Pollution Damage

Chapter 2 Prevention and Compensation for Marine Pollution Wang Hui

Chapter 3 Marine Pollution and the Right of Entry in Maritime Ports for Ships in Distress Eddy Somers

Chapter 4 Lost Ecosystem Goods and Services as a Measure of Marine Damages James Boyd

Chapter 5 Liability and Compensation for Environmental Damage Caused by Ship-Source Oil Pollution: Actionability of Claims Proshanto K. Mukherjee

Chapter 6 Funds' Admissibility Criteria for Pure Economic Loss Claims versus British Judicial Stand: Complementary or Contradictory? Baris Soyer

Chapter 7 Is the Polluter Pays Principle Really Fundamental? An Economic Explanation of the Relative Unimportance of Environmental Liability and Taxes in US Environmental Law Jason Scott Johnston

Part II The Bunker Convention

Chapter 8 The Era after the Bunker Convention: Is the Gap in China's Regime for Compensating Victims of Vessel-Source Oil Spills Filled? Shan Hongjun

Chapter 9 Discussion on Limitation of Liability and Compulsory Insurance of Compensation for Bunker Oil Pollution Damage from Ships in China Han Lixin & Wang Dapeng

Part III Criminal Law

Chapter 10 Criminal Liability for Oil Pollution Damage: An Economic Analysis Michael Faure

Chapter 11 Criminal Liability and Vessel-Source Pollution in the European Union and the United States: Inspiration for the Prevention of Vessel-Source Pollution in China? Liu Nengye & Frank Maes

Chapter 12 Criminal Liability of Master and Crew in Oil Pollution Cases: A Possible Conflict between the Law of the Sea Convention (UNCLOS), MARPOL and the European Directive 2005/35/EC Marc A. Huybrechts

Chapter 13 Criminal Liabilities for Ship-Source Pollution Based on the Laws of China Jiang Yuechuan

Chapter 14 Civil and Criminal Liabilities Concerning Marine Pollution in Hong Kong Li Lianjun & Qin Mu

Part IV United States

Chapter 15 A Comparison of the Recovery of Compensation for Injury to Natural Resources under the 92 CLC and Fund Conventions with the US Oil Pollution Act of 1990 Robert Force

Chapter 16 National Interests Influence in Compensation for Damages Resulting from Oil Pollution: The Experience of the United States and Its Reference to China Li Tiansheng & Han Lixin

Chapter 17 Study on Ocean Pollution Damage Legislation between the United States and China: A Comparative Perspective Guo Ping

Part V China

Chapter 18 China and International Protection of Marine Environment Song Ying

Chapter 19 On the Application of CLC 92 in China Chen Qi

Chapter 20 Compensation for the Domestic Oil Pollution in China's Coast: Which Law Shall Apply? Zhang Liying Chapter 21 Compulsory Liability Insurance on Carriage of Liquid and Dangerous Cargo by Coastal and Inland Waters in China Chu Beiping & Zhang Jinlei

Chapter 22 The Factors Affecting Judicial Authentication on Maritime Oil Pollution and Relevant Solving Measures Sun Guang

Part VI Case Studies

Chapter 23 Legal Issues from the Hebei Spirit Oil Spill Incident Hu James Zhengliang

Chapter 24 A Review and Critical Analysis on the MSC Ilona Oil Spill Incident at Pearl River Estuary Li Zhonghua & Zhou Zhujun

Chapter 25 A Case Study of Compensation for Marine Oil Pollution Damage: Centring in the Compensation Claim of the Amorgos Oil Pollution Accident Wang Yuh-Ling

Part VII Comparative Conclusions

Chapter 26 Comparative Conclusions Michael Faure, Han Lixin & Shan Hongjun