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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 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:
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whether the contents of international conventions can be considered as the
result of the influence of the various interest groups involve;
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overview of the regulations of marine pollution;
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technical standards, rules for operation, professional criteria;
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to what extent a state may take action against trans-boundary polluting
activities;
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what liability a state may incur for non-action or non-effective action;
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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;
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the crucial role of the so-called ‘International Group’ of 13 Protection and
Indemnity (P & I) Clubs, non-profit organizations specializing in liability
insurance;
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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);
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the particular regime on offshore facility pollution liability in the United
States;
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port state control;
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criminal liability; and
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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.
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.