scholarly journals Oil Pollution and International Marine Environmental Law

10.5772/37399 ◽  
2012 ◽  
Author(s):  
Ekaterina Anyanova
Keyword(s):  
Oil Pollution ◽  
Environmental Law ◽  
Marine Environmental

Marine Environmental Damage: The Compensability of Ecosystem Service Loss in International Law

2019 ◽  
Vol 34 (4) ◽  
pp. 602-641
Author(s):  
Günther Handl
Keyword(s):  
International Law ◽  
Marine Environment ◽  
Oil Pollution ◽  
Environmental Damage ◽  
Emerging Trends ◽  
Full Compensation ◽  
Environmental Loss ◽  
National Practice ◽  
Marine Environmental

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.

scholarly journals The Environmental Jurisprudence of the International Tribunal for the Law of the Sea

2007 ◽  
Vol 22 (3) ◽  
pp. 369-381 ◽  
Author(s):  
Alan Boyle
Keyword(s):  
Dispute Settlement ◽  
Environmental Law ◽  
Case Law ◽  
Law Of The Sea ◽  
Settlement System ◽  
International Environmental Law ◽  
Environmental Disputes ◽  
Dispute Settlement System ◽  
Marine Environmental ◽  
Environmental Jurisprudence

AbstractThis presentation starts out with an overview of the environmental jurisprudence of international tribunals and courts in the last decade. The author then examines the jurisprudence of the ITLOS and considers four issues that have arisen: the precautionary principle; environmental impact assessment; environmental co-operation; and jurisdiction over marine environmental disputes. Concluding, he asks what the jurisprudence tells us about the Tribunal's role in the LOSC dispute settlement system. First, the Tribunal's provisional measures cases have established the utility of the Article 290 procedure as a means of protecting the rights of other States but also the marine environment in general. Second, there is evidence in the case law of a desire to settle disputes between the parties in a way that contributes to the development of a consistent jurisprudence and of a willingness to interpret and apply Part XII of the Convention in accordance with the contemporary state of international environmental law. The Tribunal's record on marine environmental disputes is a positive one.

PREVENTIVE SALVAGE: THE GAP IN OPA POLLUTION DEFENSES

1993 ◽  
Vol 1993 (1) ◽  
pp. 659-661
Author(s):  
John Arnold Witte
Keyword(s):  
United States ◽  
Oil Spill ◽  
Oil Pollution ◽  
The United States ◽  
Strong Emphasis ◽  
The World ◽  
Oil Spill Cleanup ◽  
Marine Environmental

ABSTRACT Despite the strong emphasis on oil spill cleanup in the Oil Pollution Act of 1990, the United States still faces a major gap in its defenses against oil pollution: the lack of adequate professional ship salvage capability. Availability of preventive salvage capability would contribute to the most effective way of preventing a marine environmental catastrophe: keeping the oil, or chemicals, in the ship. This is especially important in view of the increasing age of the world tanker fleet.

Government Initiated Unannounced Exercises (GIUEs): Developing Response Best Practices to Improve Marine Environmental Response Preparedness

2017 ◽  
Vol 2017 (1) ◽  
pp. 2879-2894
Author(s):  
Christopher Klarmann ◽  
LCDR Johna Rossetti
Keyword(s):  
Best Practices ◽  
Oil Spill ◽  
Oil Pollution ◽  
Coast Guard ◽  
Regulatory Agencies ◽  
Environmental Response ◽  
Vessel Response ◽  
Oil Spill Response ◽  
Response Plan ◽  
Marine Environmental

ABSTRACT ID: 2017-101 – GIUEs: Developing Best Practices to Improve Marine Environmental Response Preparedness The U.S. Coast Guard (USCG) is authorized by the Oil Pollution Act (OPA) of 1990 to conduct Government Initiated Unannounced Exercises (GIUE), a cornerstone of the oil spill exercise cycle. These exercises are instrumental for USCG Captains of the Port (COTP) to evaluate industry preparedness for oil spill response by specifically testing a facility or vessel on notification procedures, response time, and deployment of facility-owned or Oil Spill Removal Organization (OSRO) equipment. Facility Response Plan holders and Vessel Response Plan holders are subject to these exercises under federal regulations 33 C.F.R. § 154 and § 155. In 2013, the USCG restructured their GIUE policy to provide better guidance for employees. This updated policy detailed how to properly plan and conduct a GIUE as well as established expectations following both satisfactory and unsatisfactory exercises. In this paper we will examine the changes that the USCG has made regarding its policy on planning and conducting GIUEs, describe how USCG field units are implementing the new policy, including how unsatisfactory GIUEs are addressed, and examine what commonalities, are being seen in GIUE unsatisfactory results. Finally, we will discuss how plan holders, OSROs, and regulatory agencies can work together to better prepare for responding to an environmental emergency when it occurs.

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