OFFSHORE OIL POLLUTION: LAW AND ENFORCEMENT

1975 ◽  
Vol 1975 (1) ◽  
pp. 3-10
Author(s):  
Roy D. Jackson
Keyword(s):  
Oil Pollution ◽  
Marine Pollution ◽  
Evolutionary Process ◽  
Law Of The Sea ◽  
Santa Barbara ◽  
Voluntary Programs ◽  
Legal Principles ◽  
The Public ◽  
Unique Nature ◽  
Offshore Oil

ABSTRACT The Torrey Canyon (1967) and Santa Barbara (1969) occurrences dramatized the unique nature of offshore oil pollution risks and the lack of a definitive legal system for dealing effectively with prevention, cleanup, and compensation. Although it is not the major part of the far more serious problem of marine pollution and is caused mainly by land-sourced activity, offshore oil pollution constitutes an increasingly important hazard because of the expanded, accelerating offshore search for alternate petroleum sources and unparalleled technological innovation. As offshore petroleum activity is essentially a transplant of land-based activity to a marine environment, the law of the sea and certain traditional legal principles are in an evolutionary process of adaptation to new factual situations. Considerable progress has occurred during the last two decades, but law and enforcement at international and regional levels are still not effective, while national regimes in the context of increasing nationalization of the sea by coastal states are in danger of becoming chaotically inconsistent. Two approaches hold realistic promise: first, industry's voluntary programs, which are impressive in scope and efficiency; secondly, joint government/industry consultation, cooperation, and action, which accentuates the strengths and minimizes the weaknesses of the only two parties capable of protecting and advancing the public interest and encourages more effective law and enforcement.

scholarly journals Enforcement and sanctioning system deficit under UNCLOS? A closer look at the Fukushima accident

2019 ◽  
pp. 47-59
Author(s):  
Hanna Banaszek
Keyword(s):  
International Cooperation ◽  
Marine Environment ◽  
Marine Pollution ◽  
Law Of The Sea ◽  
Fukushima Accident ◽  
The Public ◽  
Marine Life ◽  
Sources Of Pollution ◽  
Fukushima Daiichi ◽  
Source Of Pollution

The marine pollution is rarely debated from the perspective of land-based sources of pollution under the 1982 UN Convention on the Law of the Sea (UNCLOS). This article centres not only on a land-based source of pollution of the sea, but also a very particular one – the 2011 Fukushima Daiichi accident. Apart from causing severe infrastructural damage and posing a radiation-related threat to the public, Fukushima has had a lasting impact on the marine environment, too. Especially,since the operator of the plant has so far been unsuccessful in completely eliminating the radioactive leakage into the seas. This article considers the actual impact of the accident on the marine life along with the relevant recovery and remediation measures aimed to limit said impact, all in the light of the provisions of UNCLOS. Especially, with regard to its problematic (rather underdeveloped) enforcement and sanctioning system which should be more balanced, considering the various contemporary sources of pollution of the seas. Notwithstanding, UNCLOS will most likely further strengthen international cooperation with the ultimate aim of preventing the pollution of the world’s oceans.

The impact of recent shipping reforms on the offshore oil and gas industry in Australia

2013 ◽  
Vol 53 (1) ◽  
pp. 203
Author(s):  
Shane Bosma
Keyword(s):  
Oil And Gas ◽  
Oil Pollution ◽  
Marine Pollution ◽  
Oil And Gas Industry ◽  
Export Market ◽  
Shipping Industry ◽  
Gas Industry ◽  
Offshore Oil And Gas ◽  
Offshore Oil ◽  
The Impact

This peer-reviewed paper focuses on the impact of recent shipping reforms on the offshore oil and gas industry in Australia. These reforms are: the wholesale rewrite of the Navigation Act 1912 (Cth) by the Navigation Act 2012 (Cth), and the introduction of the Marine Safety (Domestic Commercial Vessels) Act 2012 (Cth); the registration of ships in Australia and the regulation of coastal trading in Australia; and, the regulation of marine pollution in Australia. The regulatory framework for offshore oil and gas facilities, and the interaction between the maritime legislation and the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth)—specifically, how the legislation applies at different stages of the operation of offshore oil and gas facilities—is considered. Also considered is the Australian Government’s Stronger Shipping for a Stronger Economy shipping reform package, which aims to position the Australian shipping industry to take advantage of opportunities provided by an expanding export market. This peer-reviewed paper also considers the new offences for oil pollution from ships, the widened scope of liability to include charterers of ships for oil pollution, and the significantly increased penalties for pollution offences promulgated by the Maritime Legislation Amendment Act 2011 (Cth). The text was finalised in November 2012, and for that reason developments after this date have not been treated.

scholarly journals Die Kulanz in der Schadensversicherung

2021 ◽  
Author(s):  
Jan Lucas Gutsche
Keyword(s):  
United Kingdom ◽  
Public Perception ◽  
Private Insurance ◽  
Economic Perspective ◽  
Future Change ◽  
Insurance Law ◽  
Legal Principles ◽  
The Public ◽  
The United Kingdom ◽  
Positive Light

Ex gratia is an integral part of the practice of private insurers. In the public perception, it is predominantly seen in a positive light. This work shows that ex gratia can neither always be reconciled with the legal principles of private insurance law, nor is it always unobjectionable from an economic perspective. The relevant German actors have so far remained inactive in this regard. A comprehensive legal comparison with the United Kingdom provides insightful guidance on how to enforce the legal conformity of ex gratia. The developments in the United Kingdom suggest that a future change in the approach in Germany is conceivable.

scholarly journals 110 years of the Second Hague Conference: role of the Russian diplomacy and International Law doctrine of F. Martens

2017 ◽  
pp. 78-83
Author(s):  
E. Voronin
Keyword(s):  
International Law ◽  
Social System ◽  
Use Of Force ◽  
Russian Society ◽  
Coup D'etat ◽  
Legal Principles ◽  
The Public ◽  
Public Expression ◽  
Real Essence

Facts backed up by documents and contemporary testimonies must serve as a basis for the consequencies of the events of 1917, as a verification of any impartial estimation and indiscriminate view on the most brutal revolt in history, and its consequences.The Russian society needs an impartial, just and deep analysis of these events. Foremost this would require a clear civilised understanding of the real essence of any coup d’etat, whatever name it takes (revolution, classjustified struggle, etc) and whatever banners it bears in history, and whatever propaganda and ideological falcifications determine it.The Constitution of any state ruled by law acknowledges any evolution in the development of the sociaty based on legal principles. Any change of institutes or social system in a state can be realised through the force of laws, which comply with the public expression of will (referendum). In national legislation of the present-day states there are no norms, which establish revolutionary convulsions as legal, which are based on illegitimate take-over with the use of force.

The Prevention and Control of Marine Pollution: A Progress Report

1972 ◽  
Vol 1 (1) ◽  
pp. 51-78 ◽  
Author(s):  
E. D. Brown
Keyword(s):  
Prevention And Control ◽  
Oil Pollution ◽  
Marine Pollution ◽  
Progress Report ◽  
Hazardous Substances ◽  
Current Debate ◽  
Full Time ◽  
Look Ahead ◽  
Overlapping Spheres ◽  
And Control

Whether one is concerned with the continuing availability of caviar or the state of the beach at Brighton, it is difficult to remain unaware of the almost obsessive attention which is being paid to pollution in general and to marine pollution in particular by a host of institutions, national and international. Not only because the problem is a very complex and many-sided one but also because it is a politically fashionable one, there are very few international institutions which have not felt the necessity to take part in the current debate. One result is that it is rapidly becoming a full-time occupation to collect, digest and assess the ever-increasing volume of documentation, much of which reffects the overlapping spheres of juisdiction of the institutions concerned. The purpose of this paper, therefore, is to present a comprehensive progress report on the work of these institutions, whether their concern be with the prevention and control of marine pollution or with compensation for the damage it causes. It is hoped that such a report will provide a useful framework of reference for a better understanding of the preparations for and results of the several international conferences which are scheduled to meet in the next few years. The paper falls into six main parts. Following an introductory section on the institutional framework within which work is proceeding, parts II-V deal with the substance of that work on the prevention of oil pollution; liability for oil pollution; radioactive pollution; and marine pollution by other hazardous substances. Finally, part VI is devoted to a summing up and look ahead.

PASSENGER RESPONSE TIME DATA- SETS FOR LARGE PASSENGER FERRIES AND CRUISE SHIPS DERIVED FROM SEA TRIALS

2021 ◽  
Vol 155 (A2) ◽  
Author(s):  
R Brown ◽  
E R Galea ◽  
S Deere ◽  
L Filippidis
Keyword(s):  
Response Time ◽  
Research Group ◽  
Data Sets ◽  
Time Data ◽  
Evacuation Time ◽  
The Public ◽  
Cruise Ships ◽  
Passenger Ships ◽  
Unique Nature ◽  
The Subject

The paper consists of 27 figures; numerous equations and 12 notes/ references, many of which are written by the authors of this paper. Whilst this may indicate a lack of “reading around the subject” it also indicates the unique nature of the topic and that little exists at present in the public domain about this topic. Indeed the authors and the research group they represent are the main contributors to the IMOs discussions and circulars on this subject. Given that background the paper is very detailed and consists of comparisons between the evacuation times of 3 passenger ships, 2 being Ro-Pax vessels and 1 a cruise liner. On board evacuation time statistics have been gathered from significant populations enabling the authors to draw significant conclusions relating to evacuation times in the presented scenarios. The paper is therefore a useful addition to the debates on this subject which is of major relevance to the understanding of evacuation times in passenger vessels. Data and research in this area is difficult to obtain thus the authors should be congratulated for their work.

Exempting the state and responsibilizing individuals during pandemic governance: Analyzing the health minister’s responses to the Covid-19 pandemic in Turkey

2021 ◽  
pp. 136345932110607
Author(s):  
G Ezgi Akguloglu ◽  
Gulcin Con Wright
Keyword(s):  
Public Health ◽  
Active Role ◽  
Collective Actions ◽  
Protective Measures ◽  
The Public ◽  
New Public Health ◽  
New Public ◽  
Unique Nature ◽  
Primary Focus ◽  
Public Health Strategies

The COVID-19 pandemic pushed the governments of the world to implement different regulative and protective measures. Although these measures required serious re-considerations of public health strategies, they were still grounded on pre-existing contexts of countries’ health systems, namely the “new public health” paradigm. Turkey’s neoliberal health reforms since 2003 coincide with the principles of this paradigm’s trends toward marketizing services and responsibilizing individuals; yet the Turkish context of the pandemic also stands out due to its mixed and unique form of governance. Utilizing the tweets of the Turkish Health Minister between March 13th and October 1st, 2020, we conducted a thematic qualitative analysis investigating the Turkish state’s response to the COVID-19 pandemic. Our analysis revealed that state responsibility was framed around building new pandemic hospitals, informing the public, and building trust. Conversely, his tweets assigned Turkish individuals an active role in shaping pandemic outcomes through their “informed” and “empowered” agency. Finally, he coined “togetherness,” referring to the sum of individual actions, as an indispensable goal in assuring public compliance with precautions. The Minister’s tweets reflect the unique nature of pandemic governance in Turkey with a relatively imposing and swift response of centralized power but a primary focus on “responsibilized” individuals’ collective actions.

Quantifying Decision Making in the Critical Infrastructure via the Analytic Hierarchy Process (AHP)

2020 ◽  
pp. 465-477
Author(s):  
John S. Hurley
Keyword(s):  
Decision Making ◽  
Critical Infrastructure ◽  
Senior Leaders ◽  
Analytic Hierarchy ◽  
The Public ◽  
Logic Control ◽  
Key Stakeholders ◽  
Unique Nature ◽  
History Of ◽  
Hierarchy Process

In this paper, we examine the benefits of a more quantifiable way to make decisions that enable senior leaders to better manage disruption of and attacks on the critical infrastructure. Most of the decisions have been made using intuition and in some cases unrelated experiences and have not particularly worked to the benefit of the sectors' performance and stability. Much of this is due to the history of the logic control systems and networks that were fairly isolated and much better protected. Attempts to reduce costs and secure many of the benefits of IP-based environments have unfortunately now also introduced some of the vulnerabilities indicative of IP-based systems into the logic environments. Senior leaders have not been used to these new ‘hybrid' information technology/operational technology (IT/OT) environments which though creating new opportunities also introduce new challenges. The unique nature of the critical infrastructure in which it is over 80%-owned by the private sector, often regulated by the federal government, and serves the interests and demands of the public, creates a non-trivial challenge at many different levels. More trust and cooperation between the three elements of society is surely a desired interest by the key stakeholders, but there are many concerns in terms of over-regulation, costs, and loss of intellectual property that have consistently sustained a level of discomfort between the three communities in terms of the priorities and self-serving interests of each other. The challenges of the low asymmetry entry and attribution within the cyber domain have raised the profile of many actors who would not even have previously registered in the ‘noise' on a trouble or problem scale. Now, the ability to determine those responsible, as well as, almost any actor having the ability to present a challenge to the environment have changed many of the dynamics in terms of how senior leaders must now operate and manage the appropriate systems and networks. Hence, for obvious reasons, senior leaders are much more cautious in their approach to decision making because of the potential consequences. This is especially true because cyber assets, though so valuable can be also so vulnerable. In this study, we will discuss a method that moves decision from a less arbitrary to a more data-centric, quantifiable approach that drives leadership to better and quicker decisions.

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