Now also available aseBookThis remarkable book – the first in-depth examination of the civil liabilityregime for marine oil pollution damage from a law and economics perspective –examines the efficiency and effectiveness of the regime, with particularattention to whether it is in fact designed in the public interest or merely adistribution of risks and costs among interested parties.
The question isasked: does the liability system give the potential polluter incentives totake precautionary measures to avoid pollution or to reduce the possibility ofpollution? The international regime on civil liability for marine oilpollution rests on the International Convention on Civil Liability for OilPollution Damage (CLC) and the International Convention on the Establishmentof an International Fund for Compensation for Oil Pollution Damage (FundConvention). However, the world’s biggest oil consumer and importer – theUnited States – has ratified neither, preferring its own Oil Pollution Act of1990 (OPA), and China – currently the world’s second oil-consuming country –has not ratified the Fund Convention. Thus it is reasonable to compare thethree regimes – international, US, and China – as such a comparative study mayreveal some advantages or disadvantages among the three systems. Among theissues raised and tackled head-on by the author are the following:whether the contents of international conventions can be considered as theresult 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 pollutingactivities;what liability a state may incur for non-action or non-effective action;significance for liability of the charter-party, generally considered theevidence of the hire of a ship, and the bill of lading, considered theevidence of the contract of carriage of goods by sea;the crucial role of the so-called ‘International Group’ of 13 Protection andIndemnity (P & I) Clubs, non-profit organizations specializing in liabilityinsurance;the main international players – the International Maritime Organization(IMO), the Comité Maritime International (CMI), and industry organizationssuch as INTERTANKO and the Oil Companies International Marine Forum (OCIMF);the particular regime on offshore facility pollution liability in the UnitedStates;port state control;criminal liability; andEU and other regional initiatives.In addition, a detailed study of the Erika case reveals some of the rationalefor many of the persistent features of marine pollution liability regimes. Thewell-thought-out legal and economic analysis provided in this book, along withits clearly stated policy recommendations and constructive perspectives forfuture development of the liability system, will be immeasurably valuable tolawyers and policymakers active in this highly visible area of internationallaw.
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