Last edited by Kigagore
Tuesday, February 11, 2020 | History

1 edition of Civil liability for marine oil pollution damage found in the catalog.

Civil liability for marine oil pollution damage

Wang Hui

Civil liability for marine oil pollution damage

a comparative and economic study of the international, US and the Chinese compensation regime

by Wang Hui

  • 158 Want to read
  • 4 Currently reading

Published by Kluwer Law International, Sold and distributed in North, Central and South America by Aspen Publishers, Turpin Distribution in Alphen aan den Rijn, The Netherlands, Frederick, MD, Biggleswade .
Written in English

    Subjects:
  • Transboundary pollution,
  • Law and legislation,
  • Marine pollution,
  • Liability for oil pollution damages,
  • International Environmental law

  • Edition Notes

    StatementWang Hui
    SeriesEnergy and environmental law & policy series -- v. 19, Energy and environmental law & policy series -- v. 19.
    Classifications
    LC ClassificationsK956 .W36 2011
    The Physical Object
    Paginationxxii, 411 p. ;
    Number of Pages411
    ID Numbers
    Open LibraryOL25087831M
    ISBN 10904113672X
    ISBN 109789041136725
    LC Control Number2011290590
    OCLC/WorldCa757043252

    The CLC covers ships carrying persistent oil as cargo i. Please note that corrections may take a couple of weeks to filter through the various RePEc services. Bunker oil spills occur more frequently than spills from oil tankers. You can help adding them by using this form. Through international agreements, Canada can ensure losses and damage from oil pollution are covered. The CLC applies to all seagoing vessels carrying oil in bulk as cargo, but only ships capable of carrying more than 2, tons of oil are required to maintain insurance in respect of oil pollution damage.

    The only exception as regards such ships is that they are not required to carry insurance. The Protocol also extended the Convention to cover spills from sea-going vessels constructed or adapted to carry oil in bulk as cargo so that it applies apply to both laden and unladen tankers, including spills of bunker oil from such ships. In the cases referred to in this paragraph, a State becomes bound by an amendment when that amendment enters into force, or when this Protocol enters into force for that State, if later. For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Chris Longhurst. Google Scholar S. The total amount of compensation available for the largest tankers is

    Within this section. He may further avail himself of the defences other than the bankruptcy or winding up of the owner which the owner himself would have been entitled to invoke. Google Scholar S. The CLC requires ships to maintain adequate insurance or other financial security in sums equivalent to the owner's total liability. For States Parties to the Protocol of to that Convention, the term shall be deemed to include the Liability Convention as amended by that Protocol. Sincethese provisions are contained in the.


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Civil liability for marine oil pollution damage by Wang Hui Download PDF Ebook

If you Civil liability for marine oil pollution damage book of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. Google Scholar R.

Anderson, Shipping and the Environment Law and Practice4, 8. Key elements The Bunkers Convention places the liability for oil pollution damage on the owner of the ship from which the polluting oil escaped or was discharged.

Sincethese provisions are contained in the. This does not apply to warships or other vessels owned or operated by a State and used for the time being for Government non-commercial service. The foregoing provisions shall similarly apply to any modification which results in the insurance or Civil liability for marine oil pollution damage book no longer satisfying the requirements of this Article.

The fund can be constituted either by depositing the sum or by producing a bank guarantee or other guarantee, acceptable under the legislation of the Contracting State where the fund is constituted, and considered to be adequate by the Court or other competent authority.

In such case the defendant may, even if the owner is not entitled to limit his liability according to Article V, paragraph 2, avail himself of the limits of liability prescribed in Article V, paragraph 1.

These two conventions have established some principles of the international oil pollution compensation regime which have basically remained unchanged through history.

This allows to link your profile to this item. Preview Unable to display preview. Such a fund may be constituted even if, under the provisions of paragraph 2, the owner is not entitled to limit his liability, but its constitution shall in that case not prejudice the rights of any claimant against the owner.

Google Scholar S. The protocol also widened the scope of the Convention to cover pollution damage caused in the exclusive economic zone EEZ or equivalent area of a State Party. He is exempt from liability only if he proves that: the damage resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character, or the damage was wholly caused by an act or omission done with the intent to cause damage by a third party, or the damage was wholly caused by the negligence or other wrongful act of any Government or other authority responsible for the maintenance of lights or other navigational aids, in the exercise of that function.

International Convention on Civil Liability for Oil Pollution Damage (CLC)

A State which becomes a Contracting State after that period shall be bound by an amendment which has been accepted in accordance with paragraph 7. The Convention places the liability for such damage on the owner of the ship from which the polluting oil escaped or was discharged.

Google Scholar C. A Contracting State may at any time request consultation with the issuing or certifying State should it believe that the insurer or guarantor named in the certificate is not financially capable of Civil liability for marine oil pollution damage book the obligations imposed by this Convention.

Key elements The CLC places the liability for oil pollution damage on the owner of the ship from which the polluting oil escaped or was discharged.

Within this section. If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. 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.

The amendment shall be deemed to have been accepted at the end of a period of eighteen months after the date of notification, unless within that period not less than one quarter of the States that were Contracting States at the time of the adoption of the amendment by the Legal Committee Civil liability for marine oil pollution damage book communicated to the Organization that they do not accept the amendment in which case the amendment is rejected and shall have no effect.

The Bunkers Convention applies to all seagoing vessels carrying oil in bulk as cargo, but only ships of 1, gross tons or morel are required to maintain insurance in respect of oil pollution damage. The value of the national currency, in terms of the Special Drawing Right, of a Contracting State which is not a member of the International Monetary Fund shall be calculated in a manner determined by that State.

Please note that corrections may take a couple of weeks to filter through the various RePEc services. The Convention requires ships covered by it to maintain insurance or other financial security in sums equivalent to the owner's total liability for one incident.

Google Scholar E.POLLUTION BY SHIPS AND CIVIL LIABILITY FOR. OIL POLLUTION DAMAGE IN SOUTH AFRICAN MARINE. AND COASTAL WATERS _____ A dissertation presented for the approval of Senate in fulfilment of part of the requirements for the Degree of Extent of risk of oil pollution in the marine and coastal waters of South Africa 4.

MARINE DEPARTMENT APPLICATION FOR CERTIFICATE OF INSURANCE OR OTHER FINANCIAL SECURITY IN RESPECT OF CIVIL LIABILITY FOR BUNKER OIL POLLUTION DAMAGE In accordance with Article 7 of the International Convention on Civil Liability for Bunker Oil Pollution Damage.

The International Convention on Civil Liability for Bunker Oil Pollution Damage, (the Bunkers Convention) was adopted by the International Maritime Organization (IMO) in March The aim of the Bunkers Convention is to ensure the availability of adequate, prompt and effective compensation to persons who suffer pollution damage caused by Cited by: 5.an act pdf give effect to the international convention on civil liability for bunker oil pollution pdf done at london on 23 march and to make provision for matters relating to council regulation (ec) no.

44/ of 22 december on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters in so far as it relates to that convention, to give.The International Convention on Civil Liability for Bunker Oil Pollution Damage,(Bunkers Convention) was adopted by the International Maritime Organization to make shipowners strictly liable for oil pollution damage from the ship and thus ensuring that compensation is available.

The Bunkers Convention covers all ships and the pollution.IMO IE Civil Liability ebook Oil Pollution Damage, Edition. Ebook it became clear that the Protocols of to the CLC Convention and to the Fund Convention were unlikely to come into force in the foreseeable future, because an insufficient number of States had adopted them, new, slightly amended protocols were drafted with lower requirements for entry into 42comusa.com: Maryland Nautical Sales Inc.