On the issue of environmental damage identification from oil pollution

Author(s):  
M.M. Zaderigolova ◽  
◽  
S.V. Fradkin ◽  
D.Е. Yakushev ◽  
V.A. Kalinin ◽  
...  
2019 ◽  
Vol 34 (4) ◽  
pp. 602-641
Author(s):  
Günther Handl

AbstractKey maritime conventions governing liability and compensation for pollution of the marine environment, foremost among them the 1992 Civil Liability for Oil Pollution Convention and the 2003 Supplementary Fund Protocol (the CLC/Fund regime), exclude compensation for pure environmental loss. This article discusses whether anything less than full compensation of damage to the marine environment, including the loss of ecosystem services, comports with contemporary international public policy or law. After reviewing and rejecting traditional arguments opposing such compensability, the article contrasts the CLC/Fund regime’s environmental claims practice with emerging trends in decision on the international legal plane and in select domestic legal systems, all of which support full compensation. The article thus concludes that an adjustment of the CLC/Fund regime’s environmental claims approach is desirable to align it with this international (and national) practice and thereby to protect the long-term integrity of the regime itself.


2021 ◽  
Vol 20 (1) ◽  
pp. 1
Author(s):  
Elly Kristiani Purwendah ◽  
Aniek Periani ◽  
Elisabet Pudyastiwi

Environmental control in this case is intended to include prevention, mitigation and recovery carried out by the government, regional government and those in charge of businesses and/or activities in accordance with their respective authorities, roles and responsibilities. One of the instruments for preventing pollution and/or environmental damage consists of; environmental economic instruments, environmental-based laws and regulations, environmental-based budgets and other instruments according to the needs and/or developments of science.


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.


2021 ◽  
Vol 921 (1) ◽  
pp. 012049
Author(s):  
P Agustine ◽  
H Parung ◽  
P Davey ◽  
C Frid

Abstract Following an oil spill in the western Java Sea, in July 2019, the issue of oil pollution has received heightened interest. More and more people in Indonesia are increasingly aware that environmental damage will be a severe threat to the sustainability of ecosystems and environmental services. Given that oil pollution does endanger not only the aquatic ecosystem but also the surrounding terrestrial ecosystem, it is essential to encourage the involvement of stakeholders to contribute to efforts to prevent and minimize the impact of oil pollution in coastal areas that may arise in the future. Thus, since oil pollution is extremely harmful not only to aquatic ecosystems but also terrestrial ecosystems, coastal management strategies are urgently required to minimize the impact of oil pollution in the future. The overall aim of this research is to provide recommendations for policy formulations that may be adopted by the relevant local government to protect coastal areas from seawater contaminated with oil. This research uses both qualitative and quantitative approaches, including Statistical analysis, Strength-Weakness-Opportunity-Threat (SWOT) analysis and Analytical Hierarchy Process (AHP). The type of data collected will be primary data and secondary data which are sourced from experts and agencies engaged in the management of the coastal and marine environments.


2008 ◽  
Vol 2008 (1) ◽  
pp. 203-209
Author(s):  
Chris R. Chase ◽  
Leonard G. Roberts

ABSTRACT This paper discusses the development of an oil spill detection and alarm system that provides industry with a reliable, cost-saving mechanism for containing and/or preventing accidental discharges of hydrocarbon-based pollutants. By utilizing an automated spill detection system, hydrocarbon releases are detected in real-time (analogous to a ‘smoke alarm’ for oil spills). Early warning and automated response capabilities allows early containment of oil pollution, thereby reducing the volume spilled and minimizing damage to the environment, wildlife, public waterways and/or commercial assets. This technology provides a new weapon in the pollution prevention arsenal, offering Health Safety & Environment (HSE) personnel a critical compliance tool in accordance with National Pollution Discharge Elimination System (NPDES), US EPA Spill Prevention Control & Countermeasure (SPCC), and other regulations stipulating spill prevention, planning and response. This paper details: 1) Development of a reliable, economical, optical, non contact, UV/fluorometry-type, hydrocarbon pollution detection sensor system 2) Performance results drawn from an array of performance tests and real-world deployments, 3) A variety of existing applications and deployment opportunities for which this new technology offers a reliable solution and easy-to-use tool for both regulatory compliance and realization of cost benefits associated with minimizing spill risk(s). Design features have evolved to reflect feedback from existing industrial users, as well as input from environmental consultants and regulatory agencies. These key system attributes include: 1) Near-zero maintenance, 2) Micron- level sensitivity for a comprehensive range of oils (from crude-oil to jet-A), and 3) Sensor/system flexibility and adaptability for varied application requirements and a wide range of installation settings (i.e. freshwater, marine, industrial, harbor, offshore, etc.). Finally this paper describes how any entity that produces, stores, uses, or transports hydrocarbons, can best employ the detection sensor/alarm to realize cost-benefits, strengthen compliance, and eliminate the expense, environmental damage, and bad publicity inherent with any oil spill.


Baltica ◽  
2014 ◽  
Vol 27 (special) ◽  
pp. 3-8 ◽  
Author(s):  
Sergej Suzdalev ◽  
Saulius Gulbinskas ◽  
Vadim Sivkov ◽  
Tatiana Bukanova

The Baltic Sea is facing exceptionally intensive marine traffic. Oil products in addition to other cargo types are being transported in this marine area. Therefore, the risk of potential oil pollution is very high. Although, the Baltic Sea has not experienced catastrophic oil spills, there have been spills causing serious environmental damage in the region. Construction of oil terminals and planned growth of Russian oil export through Baltic Sea ports along with the operation of large oil enterprises and oil drilling platforms make maritime safety a priority task for the Baltic Sea region. The publications collected in present Baltica Journal Special Issue set sights on the improvement of oil spill management in the South–Eastern Baltic Sea as well as stimulate the appearance of new transnational response agreements in the region.


Author(s):  
Monika Hinteregger

This chapter discusses the potential and the limits of civil law for the prevention and remediation of environmental harm. It first provides a brief overview of the environmental liability regimes established by international conventions, including those on nuclear liability and oil pollution damage by ships, and the basic rules of selected national tort laws (e.g. fault-based liability, no-fault liability for pollution damage, product liability, neighbourhood law and nuisance). It then considers the main problems of environmental liability, namely: proof of causation, legal standing for the remediation and compensation of environmental damage, the evaluation of natural resource damage, and the relationship between tort liability and environmental regulations. The chapter concludes with a critical analysis of the uses of tort law in environmental protection while also emphasizing that it must meet some requirements in order to become fully effective.


Author(s):  
Juan Zheng ◽  
Jinyun Zhao ◽  
Biyuan Shui ◽  
Kaixuan Wu ◽  
Lili Zhang

Over 40,000 kilometers of pipeline transporting natural gas, oil, and other hazardous liquids have been built from 2001 to 2010 in China. More than 100,000 kilometers pipeline will be constructed from 2011 to 2015. While being considered as an efficient and safe means, many pipelines carry materials with the risk to cause public injury and environmental damage. Pipeline safety and security issues involve with many groups: the government, oil and gas pipeline companies, and local communities. Standards play an important role to ensure these groups working together to achieve common goals. Pipeline operation safety and security mainly rely on the partial or complete incorporation of standards by reference. Standards Development Organizations (SDO) and pipeline companies have done lots of work to make the standards working well in the past ten years. The “standard analysis project” was one of them that were taken to improve pipeline safety and security. This paper briefly reviews the primary standards which consist of national standards, industry standards and enterprise standards for pipeline operation safety and security. Combined with the technical development and the pipeline operation situation, the standards were analyzed, especially for the differences of technical specifications in the standards. Several aspects are pointed out as the key issues to improve pipeline operation safety and security standards, including pipeline integrity management standards, pipeline Safety Instrumented System standards, standards preventing pipeline from Third Party Damages, standards protecting environment from unexpected oil pollution, and permafrost areas pipeline operation and maintenance standards. In addition to the issues mentioned above, the related legislation situation in China is also taken into consideration. Keeping and improving pipeline safety and security is a task that not only needs the development of supporting standards but the implementation of the standards. According to the analysis results, SDOs will continue improving pipeline safety and security standards by launching relevant standard development projects and encouraging research and development achievements transfer to standards.


Author(s):  
A. S. MacLennan

SynopsisOil pollution incidents in the inshore Moray Firth 1975–84 and Cromarty Firth 1970–84 are reviewed, describing the levels, geographical patterns, trends and some impacts.Growth in oil-related activity in the inshore Moray and Cromarty Firths has not led to increased levels of oil pollution. In the Cromarty Firth the majority of incidents since 1970 have been from long-established shore-based sources, while the frequency of incidents and their impact have diminished over the last few years from levels in the early-raid 1970s which were very unsatisfactory. Incident levels in the inshore Moray Firth have also reduced since 1980.While no major environmental damage has resulted from oil pollution in this area, important wildlife resources, and in particular bird populations, have been shown in individual incidents to be extremely vulnerable to relatively small quantities of oil. It is thus important that continued attention is given to the prevention and treatment of oil pollution in this area and the strict procedures pertaining to oil exploration and production and operation of marine traffic should be maintained.


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