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.

Compulsory civil liability insurance, financial security: An integral component of compensation for ship-source oil pollution damage

2021 ◽  
Vol 33 (2) ◽  
pp. 435-441
Author(s):  
Pham Van Tan
Keyword(s):  
Large Scale ◽  
Oil Spills ◽  
Oil Pollution ◽  
Civil Liability ◽  
Economic Loss ◽  
Liability Insurance ◽  
Financial Security ◽  
Pollution Damage ◽  
Significant Harm ◽  
Oil Tankers

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.

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.

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.

The best way to the protection of the marine environment from oil spills impacts is the strengthening of available oil spill liability and compensation regimes or the funding of oil spill preparedness and strengthening of oil spill combat capabilities

2017 ◽  
Vol 2017 (1) ◽  
pp. 2017108
Author(s):  
A J M Gunasekara
Keyword(s):  
Oil Spill ◽  
Marine Environment ◽  
Oil Spills ◽  
Oil Pollution ◽  
Marine Pollution ◽  
Civil Liability ◽  
Economic Loss ◽  
The Past ◽  
Funding Mechanism ◽  
Coastal And Marine Environment

The total volume of oil spilled and the number of spills has declined significantly over the past forty years. However, oil spills are no longer considered as an unavoidable. The ship source oil pollution still remains a potentially important risk to the local economies and the marine environment which can cause major economic loss and severe damages to the coastal and marine environment. The international regulatory framework to deal with liability and compensation in the event of ship source oil pollution has evolved over the past three decades. The available international legal regime for oil pollution liability and compensation is playing a great role in governing a discharge of oil into the sea by ensuring liability for polluters and compensation for victims of pollution. Despite the fact that the total cost of the oil spill cannot be compensated through the available international civil liability regime and entire damages caused to the marine environment cannot be compensated or recovered. This paper examined the application and limitations of available liability and compensation mechanism for the protection marine pollution and compare the benefit of the establishment of a funding mechanism for the strengthening of the level of oil spill preparedness and the civil liability regime for the protection of the coastal and marine environment. In addition, this paper reviews the funding mechanism adopted by the countries to the strengthening the level of oil spill preparedness taken into account the polluter pays principle without a putting extra burden for the general taxpayers. The establishment of a system for the funding of oil spill preparedness using the polluter pay principle has immensely helped to improve the oil spill response capabilities and protection of the marine environment of coastal states which adopted a unique funding mechanism by applying the polluter pay principle. This paper recommends the among other thing review the available compensation and liability regime for the protection of the marine environment and recommend to adopt and apply a uniform funding mechanism for the strengthening of the level of oil spill preparedness taken into account the polluter pay principle for the protection of the marine environment and improve the status quo.

Future of the International Conventions on Liability and Compensation for Oil Pollution Damage

1991 ◽  
Vol 1991 (1) ◽  
pp. 689-690
Author(s):  
Måns Jacobsson
Keyword(s):  
United States ◽  
Oil Spill ◽  
Oil Pollution ◽  
Civil Liability ◽  
The United States ◽  
Intergovernmental Organization ◽  
Pollution Damage ◽  
Scope Of Application ◽  
Set Up ◽  
International Conventions

ABSTRACT The international regime on oil spill liability and compensation is based on two international conventions, the 1969 Civil Liability Convention and the 1971 Fund Convention. The Fund Convention establishes an intergovernmental organization, the International Oil Pollution Compensation Fund (IOPC Fund), with the task of administering the regime of compensation set up by that convention. At present, 67 nations are party to the Civil Liability Convention, 45 to the Fund Convention. The United States is not party to either. In 1984, the conventions were revised by two protocols, which provide higher compensation limits and a wider scope of application than the original conventions. These protocols have not yet come into force. The future of the compensation regime established by these conventions is examined here, with special attention to the prospects for the entry into force of the 1984 protocols. At present, the United States will not ratify these protocols.

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.

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 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.

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