scholarly journals A Legal Study on Marine Ecosystem Restoration by Oil Pollution Damage

2008 ◽  
Vol 1 (null) ◽  
pp. 73-107
Author(s):  
함태성
2021 ◽  
Author(s):  
Roberto Danovaro ◽  
James Aronson ◽  
Roberto Cimino ◽  
Cristina Gambi ◽  
Paul VR Snelgrove ◽  
...  

2021 ◽  
Vol 33 (2) ◽  
pp. 435-441
Author(s):  
Pham Van Tan

Oil pollution damage caused by oil spills at sea generally occurs on a large scale across numerous regions and countries, causing significant harm to marine ecosystems as well as worldwide economic loss. The costs are so severe in many instances that the owner of the ship responsible for the pollution cannot afford to pay compensation to those who have suffered loss. As a consequence, the need to cover oil pollution damages has given rise to compulsory liability insurance, which provides a financial guarantee against the costs of oil spills. Compulsory civil liability insurance has therefore become an indispensable part of the liability regime for owners of oil tankers and bunkers.


2019 ◽  
Vol 10 (1) ◽  
pp. 187-214
Author(s):  
Outi Penttilä

Recently, the Arctic has transformed from a peripheral region to an area of great interest, for instance in terms of oil drilling. Nonetheless, no legal instrument has addressed the matter of accountability for transfrontier oil pollution damage. This article accordingly evaluates whether the current legal constructs, meaning State responsibility, international liability, civil liability regimes, and multilateral environmental agreements, allow accountability to be established for transboundary environmental harm resulting from hydrocarbon exploitation in the Arctic. It also examines whether these constructions could serve as the basis for future legislative actions. This article treats these four constructions as layers of accountability. After examining all of the layers in their current formulation, this article asserts that the existing layers cannot establish accountability for transboundary environmental damage in the Arctic, nor do they as such offer an effective way to regulate accountability in the future. Therefore, the article concludes that the law of accountability necessitates a new approach, such as a non-compliance mechanism or hybrid system combining elements of multiple layers. Finally, the article calls for immediate legislative actions.


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