Legal Framework for Marine Oil Pollution from Ships in Thailand

2021 ◽  
Vol 36 (4) ◽  
pp. 647-671
Author(s):  
Pascal Kany Prud’ome Gamassa
Keyword(s):  
Marine Environment ◽  
Oil Pollution ◽  
Legal Framework ◽  
Marine Oil ◽  
Pollution Damage ◽  
International Conventions

Abstract Marine oil pollution from ships has been a constant threat to Thai waters. This article examines the domestication of the provisions of relevant international conventions to which Thailand is a party regarding the prevention, preparedness, response and compensation of claimants of marine oil pollution damage. The current Thai legal framework does not provide for adequate protection of the marine environment. Thailand has not yet become a party to many relevant international conventions and does not provide adequate compensation to victims of marine oil pollution incidents. This article provides recommendations for the improvement of the legal framework of Thailand regarding these issues.

scholarly journals THE NOTION OF “POLLUTION DAMAGE,” WITH PARTICULAR REGARD TO DAMAGE TO THE MARINE ENVIRONMENT

1987 ◽  
Vol 1987 (1) ◽  
pp. 555-557
Author(s):  
Måns Jacobsson
Keyword(s):  
Marine Environment ◽  
Oil Pollution ◽  
Civil Liability ◽  
Economic Loss ◽  
Economic Damage ◽  
Pure Economic Loss ◽  
Pollution Damage ◽  
Definition Of ◽  
International Conventions ◽  
The Impact

ABSTRACT Oil spill incidents may cause damage of several different types: damage to property, consequential loss, pure economic loss, and damage to the environment. The last type presents the greatest problems in connection with liability and compensation, because it is not easily assessed in monetary terms. This paper focuses on the problems relating to non-economic damage to the marine environment and economic loss as a consequence of damage to the environment. Some leading court cases are used to illustrate some of the problems. The definition of “pollution damage” in the international conventions, i.e., the 1969 Civil Liability Convention and the 1971 Fund Convention, is discussed. The position taken by the International Oil Pollution Compensation Fund in respect to claims for non-economic damage to the environment as well as claims for pure economic loss is described. The impact the new definition of this notion in the 1984 protocol to the Civil Liability Convention would have on the law of contracting states is examined.

Legal Protection of the Marine Environment from Vessel-Source Oil Pollution: Progress and Challenges in Tanzania

2021 ◽  
pp. 1-27
Author(s):  
Pascal Kany Prud'ome Gamassa
Keyword(s):  
Marine Environment ◽  
Oil Pollution ◽  
Legal Protection ◽  
Legal Environment ◽  
United Republic ◽  
Pollution Damage ◽  
Increased Risk ◽  
United Republic Of Tanzania ◽  
International Conventions ◽  
Made In

Abstract The United Republic of Tanzania, also called Tanzania, is a country composed of Mainland Tanzania and the islands of Zanzibar. Tanzania's domestic laws promote sustainable development of the marine environment; however, since the beginning of the 21st century, the country has been importing large quantities of oil, resulting in an increased risk of vessel-source oil pollution damage. Through a comparative analysis, this article examines the laws addressing this issue in Mainland Tanzania and Zanzibar, the progress that has been made in the legal environment and the challenges that remain, and it discusses possible solutions and improvements. The article reveals that weak implementation of domestic laws for marine environment conservation, a lack of harmonization between domestic laws regarding this issue, and weak domestication of relevant ratified international conventions are among the challenges currently hindering the sustainability of Tanzania's marine environment.

scholarly journals Civil Liability for Marine Oil Pollution Damage in the BRICS Countries

2020 ◽  
Vol 7 (3) ◽  
pp. 29-51
Author(s):  
Dinh Thi My Linh
Keyword(s):  
Marine Environment ◽  
Oil Pollution ◽  
Marine Pollution ◽  
Civil Liability ◽  
Total Production ◽  
Member States ◽  
Marine Oil ◽  
Brics Countries ◽  
Pollution Damage ◽  
The World

Until the 20th century, most countries around the world focused on developing the benefits of maritime transport and paid little attention to oil pollution from ships. The truth of the matter is that the development of marine transportation was a leading cause of marine pollution. Today, marine oil pollution is considered a dangerous source of contamination of the marine environment, and the oil pollution from ships is the source that draws the greatest concern. This concern clearly is felt by the BRICS countries, whose members, with vast seas adjacent to their landmasses, are keenly interested in preserving and protecting the marine environment against pollution, including marine pollution caused by oil from ships. The BRICS member states are countries with large economies and significant influence on regional and global issues. In recent years they have played a vital role in the world economy in terms of total production, destinations for investment capital and potential consumer markets. Therefore, the development and improvement of the laws of these countries relating to civil liability for marine pollution damage have significance for protecting the marine environment. This paper explores the legal regimes relating to civil liability for marine pollution damage at the international level and in the BRICS member states. It compares the differences in the domestic legislation of the BRICS countries pertaining to civil liability for marine pollution damage and concludes with recommendations for better implementation.

INTERNATIONAL REGIME FOR COMPENSATION FOR POLLUTION FROM TANKERS

1997 ◽  
Vol 1997 (1) ◽  
pp. 69-71
Author(s):  
Mans Jacobsson
Keyword(s):  
Oil Spills ◽  
Oil Pollution ◽  
Civil Liability ◽  
The United States ◽  
Compensation System ◽  
Intergovernmental Organization ◽  
Pollution Damage ◽  
Set Up ◽  
International Conventions ◽  
New System

ABSTRACT Compensation for oil spills from laden tankers has so far been governed by two international conventions adopted under the auspices of the International Maritime Organization: the 1969 Civil Liability Convention and the 1971 Fund Convention. Ninety-six states are parties to the 1969 Civil Liability Convention, and 70 states are parties to the 1971 Fund Convention. The United States is not party to either of these conventions. In 1992, two protocols were adopted amending the 1969 Civil Liability Convention and the 1971 Fund Convention. The conventions as amended by the 1992 protocols (the 1992 conventions), which entered into force on May 30, 1996, give better economic protection to victims of oil pollution damage caused by oil spills from tankers than the conventions in their original versions. Under the 1992 conventions, the available compensation amounts per incident (including the sum actually paid by the shipowner and his or her insurer) have been increased from US$87 million to approximately US$196 million. The 1971 Fund Convention set up an intergovernmental organization, the 1971 Fund, to administer the compensation system. The new system of compensation established under the 1992 Fund Convention is administered by a separate legal entity: the 1992 Fund. The two funds share a secretariat.

THE SHARING OF THE FINANCIAL BURDEN BETWEEN THE SHIPPIING AND OIL INDUSTRIES UNDER THE INTERNATIONAL COMPENSATION REGIMES

2005 ◽  
Vol 2005 (1) ◽  
pp. 769-772
Author(s):  
Joe Nichols ◽  
Miles Morgan
Keyword(s):  
Oil Spills ◽  
Oil Pollution ◽  
Financial Burden ◽  
The United States ◽  
Economic Consequences ◽  
Shipping Industry ◽  
Pollution Damage ◽  
Tier System ◽  
The Subject ◽  
International Conventions

ABSTRACT The international regime on liability and compensation for oil pollution damage is based on international Conventions adopted under the auspices of the International Maritime Organization (IMO). When the international compensation Conventions were first elaborated over thirty years ago in the aftermath of the Torrey Canyon incident, it was decided to establish a two-tier system whereby the economic consequences of marine oil spills from tankers should be shared between the shipping industry and those industries who either owned or received the cargoes transported by sea. Although the limits of liability and compensation under the Conventions have been revised from time to time, the concept of sharing has been maintained. In 2004 the Secretariat of the International Oil Pollution Compensation Funds undertook a study of the costs of oil spills from tankers worldwide, except the United States, over the past 25 years. The purpose of the study was to examine the extent to which the economic consequences of oil spills had been shared by the shipping and oil sectors under the Conventions as envisaged when they were elaborated and under the voluntary industry schemes which coexisted and interacted with the Conventions for much of that time. The results of the study and their impact on any future revisions of the international Conventions, particularly as regards the sharing of the financial burden, are the subject of this paper.

scholarly journals International Laws on Oil Pollution Caused by Ships and Their Enforcement in Vietnam

2020 ◽  
Vol 55 (2) ◽  
Author(s):  
Pham Van Tan
Keyword(s):  
Oil Pollution ◽  
Human Life ◽  
Rapid Development ◽  
Civil Liability ◽  
Assessment Method ◽  
International Convention ◽  
Pollution Damage ◽  
Major Interest ◽  
International Laws ◽  
International Conventions

Pollution in the marine environment, especially pollution caused by oil, is of major interest to the international community because the sea plays a major role in human life. With the rapid development of Vietnam’s maritime activities, the risk of oil pollution in Vietnam’s sea is increasing. Therefore, the study of the international laws on oil pollution caused by ships is also an urgent and necessary issue for Vietnam. The system of modern international laws has formed the legal regulatory framework to address oil pollution caused by ships at the sea by a series of international conventions related to oil pollution. With the comparison method and assessment method, the article describes a new idea for improving the oil pollution law system of Vietnam, based on the analysis and comparison of international conventions on oil pollution caused by ships with several Vietnam laws, including: United Nations Convention on the Law of the Sea 1982; International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978; International Convention on Civil Liability for Oil Pollution Damage 1992; and International Convention on Civil Liability for Bunker Oil Pollution Damage 2001. From these analyses and comparisons, the author offers some learned lessons for Vietnam, which have helped Vietnam to develop legal documents to improve the legal system regarding oil pollution – which is a necessity for Vietnam at present.

Claims for Oil Pollution Damage—Arbitration and Alternative Dispute Resolution

1991 ◽  
Vol 1991 (1) ◽  
pp. 691-693
Author(s):  
Patrick O'Donovan
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Oil Pollution ◽  
Marine Pollution ◽  
Pollution Damage ◽  
Court Proceedings ◽  
International Conventions

ABSTRACT It is clear that there is a role for arbitration and alternative dispute resolution in the context of oil pollution, as recognized by the arbitration provisions in the TOVALOP and CRISTAL agreements (compare the International Conventions which provide for court proceedings). An example is given of an arbitration under TOVALOP. The suitability of arbitration in the context of marine pollution disputes is analyzed and the main centers of existing maritime arbitration and conciliation are identified. Various international conventions provide for resolution of disputes by arbitration or some other form of alternative dispute resolution; these are noted and discussed.

RESPONDER IMMUNITY AND SALVAGE1

1995 ◽  
Vol 1995 (1) ◽  
pp. 237-240
Author(s):  
William L. Peck ◽  
Allan F. Elmore
Keyword(s):  
Marine Environment ◽  
Oil Pollution ◽  
Legal Protection ◽  
International Conventions ◽  
Pollution Events

ABSTRACT Marine salvage protects not only vessel and cargo, but also the marine environment. International conventions and federal and some state oil pollution legislation provide legal protection for responders to actual or threatened pollution events. Many of these responder immunity provisions, however, fall short in protecting salvors. As a result, salvors risk incurring liability in their operations. This paper examines responder immunity provisions in the context of the protection they afford the salvor. The paper offers a model responder immunity provision for persons engaged in salvage of a casualty threatening pollution.

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