scholarly journals MANAGING OIL SPILL LIABILITY RISKS

2008 ◽  
Vol 2008 (1) ◽  
pp. 557-559
Author(s):  
Rebecca Day ◽  
Peter Rodgers ◽  
Susan Lafferty

ABSTRACT Possibly the most costly mistake for companies that transport petroleum and chemicals is the failure to fully understand potential liability for an oil spill. A company that does not understand its legal position may respond to an incident that is not its responsibility, or fail to respond to an incident that is. It may wrongly assume that international conventions (such as the CLC 92) apply, and fail to protect against the liability it will bear if they do not. This failure to understand and manage liability risks has created notorious oil spill headlines in recent months, as companies and corporate officers find themselves prosecuted for actions they thought were innocent - or even helpful - and under laws they never expected to apply. This paper will consider, through concrete examples provided by oil spill lawyers from all over the world, how this legal liability can arise and particularly how parties who do not expect to be responsible for a spill can become so through well-meaning actions and incomplete understanding of international conventions. This paper will then suggest a variety of practical steps companies can take to manage the risk, including: vetting, contingency planning for non-shipowners, tabletop exercises, liability analyses, and education within the corporate structure.

2003 ◽  
Vol 2003 (1) ◽  
pp. 29-44
Author(s):  
Alexis Steen ◽  
Robert Pond ◽  
David Salt ◽  
Michael deBettencourt ◽  
Michael Julian ◽  
...  

ABSTRACT The International Oil Spill Conference sponsored a workshop entitled “Global Challenges to Preparedness and Response” held in London, England, November 12–14, 2002. The Workshop brought more than 25 government, industry, and nongovernmental organizations representatives together to analyze the strengths, weaknesses, opportunities, and threats relative to government-led and industry-led response regimes around the world. Over the course of three days, a team of facilitators led participants through a series of response scenarios, alternating between small break out sessions followed by plenary sessions, to develop consensus on a framework for preparedness and response. Each scenario built on previous ones to further participant understanding and concurrence on the strengths, weaknesses, opportunities, and threats facing regimes around the world. Participants rapidly concluded that all responses to significant incidents are government-led, with varying degrees of industry involvement. The framework for successful regimes was identified. The Workshop conclusions encompass three broad areas: 1) similarities and differences among models and regimes; 2) benefits of international conventions; and 3) critical elements in the preparedness cycle. Participants put forth specific challenges (recommendations for action) to all nations.


1979 ◽  
Vol 1979 (1) ◽  
pp. 247-251
Author(s):  
I. C. White ◽  
J. A. Nichols ◽  
M. J. Garnett

ABSTRACT The aim of this paper is to illustrate, by reference to our experience gained from attendance on-site at major oil spills around the world, that the capability to combat oil on the high seas has improved little over the past ten years. Too often this failure has resulted in considerable areas of shoreline being severely oiled, damage being caused to areas of ecological, fishery, or amenity importance and has necessitated expensive clean-up measures being adopted that have on occasions been more damaging than the oil itself. The response options available for dealing with oil spills and their limitations are discussed and the importance of a thorough and rapid evaluation to ensure that the response adopted is appropriate to the particular circumstances of the incident is emphasised. Also stressed is the necessity for good contingency planning, organisation and control.


1989 ◽  
Vol 1989 (1) ◽  
pp. 215-219
Author(s):  
P. B. Ryan ◽  
D. J. S. Brown

ABSTRACT Oil spill contingency planning is concerned with the organization of preplanned responses to anticipated oil pollution emergencies in defined geographical areas. A major factor that must be considered when drafting any contingency plan is the support that can be expected from a variety of sources in times of emergency. Oil spills vary in both their magnitude and complexity and so do the responses to such incidents. It follows, therefore, that there is a tiered structure of oil spill contingency planning and response and that there is a corresponding tiering of sources of support. This paper identifies the various tiers of oil spill planning and response and reviews the external support relevant to each tier. The discussion base of this paper relates particularly to the ROPME sea area as defined herein but many of the observations will apply to other regions of the world where similar situations may be encountered.


Author(s):  
Punyaslok Sarkar ◽  
Debasish Dutta

This is a study of information technology within a company and how it works and its structure. In this case, it’s a airlines company called Air India and how IT helps in running the different flights around the world.


Author(s):  
Chandan Saini ◽  
Ashish Miglani ◽  
Pankaj Musyuni ◽  
Geeta Aggarwal

Regular inspections are carried out to ensure system conformity by the Food and Drugs Regulatory Authority (FDA) of the United States one of the most stringent regulatory authorities in the world. The inspectors send Form 483 to the management after the inspection, detailing the inappropriate conditions. Because the FDA guidelines are difficult to comply with, a company can contravene the regulations. If any significant infringements can affect the protection, quality, effectiveness, or public health of the drug is identified, the FDA issues advice to the company. Warning Letters (WL) shall be an official notification of non-compliance with federal law within a period to be issued by manufacturer, clinician, distributor, or responsible person in the company. The delivery of a letter has a considerable impact on the company's reputation and position in the market. Inadequate WL reactions could lead to a refusal, import denial, memorandum or even conviction and order. A brief study was conducted in this document of Form 483 and WL for four years (2017–2020) on an understanding the regulatory provisions.


2012 ◽  
Vol 14 (02) ◽  
pp. 1250012 ◽  
Author(s):  
FABIENNE LORD ◽  
SETH TULER ◽  
THOMAS WEBLER ◽  
KIRSTIN DOW

Technological hazards research, including that on oil spills and their aftermath, is giving greater attention to human dimension impacts resulting from events and response. While oil spill contingency planners recognize the importance of human dimension impacts, little systematic attention is given to them in contingency plans. We introduce an approach to identifying human dimensions impacts using concepts from hazard and vulnerability assessment and apply it to the Bouchard-120 oil spill in Buzzards Bay, MA. Our assessment covers the spill, emergency response, clean-up, damage assessment, and mid-term recovery. This approach, while still exploratory, did demonstrate that the spill produced a range of positive and negative impacts on people and institutions and that these were mediated by vulnerabilities. We suggest ways in which the framework may help spill managers to learn from events and improve contingency planning by anticipating risks to social systems and identifying strategies to reduce impacts.


2017 ◽  
Vol 20 (2) ◽  
pp. 5-19
Author(s):  
Damian Kaźmierczak

Using a sample of 1,705 convertible bonds issued by manufacturing and service companies from the United States (1,138 issues); Europe (270); and Asia (297) between 2004 and 2014 this paper investigates the role of callable convertibles in the corporate investment process. This research shows first that callable convertibles are used to finance investment projects particularly by American firms which may exercise new investment options to improve poor financial performance. Secondly, the same strategy may be followed by European companies, but they seem not to carry out investments on as large a scale as American firms. Thirdly, the research results do not provide evidence that Asian enterprises use callable convertibles for investment purposes: they likely use these instruments for different reasons.


2021 ◽  
Vol 10 (1-2) ◽  
pp. 138-152
Author(s):  
Viktoriia O. Khomenko ◽  
Leonid V. Efimenko ◽  
Valentyna A. Vasilyeva

Abstract Entrepreneurial activity is one of the main factors in the development of the market economy of the state, the internal and external markets of Ukraine and innovative industries. Therefore, the main purpose of this article is to analyse the peculiarities of the legal position of a company after a decision has been made to terminate it. It is established that the liquidation of legal entities is performed without the transfer of the rights and obligations of the liquidated enterprise to other persons, i.e. without succession. Upon liquidation of the enterprise, its rights and obligations are terminated. The current civil legislation does not provide for the limitation of the powers of the liquidation commission in cases of liquidation based on a court decision. It is argued that the liquidation commission be terminated when an entry on termination of the activity of a legal entity is made in the unified state register.


Author(s):  
Nancy Langston

In 2011, a company named Gogebic Taconite (GTAC) formed in order to develop the largest open-pit mine in the world—just upstream of the Bad River Band’s reservation on Lake Superior. Owned by Cline Resources Development (a company largely focused on coal), GTAC announced that, even without experience in iron mining, it would mine and process Wisconsin’s taconite ore body to take advantage of Asia’s building and steel commodities boom. The mine would have been sited just upstream of the reservation boundary, and the waters flowing out of the mine site would have contaminated water, fish, and Indigenous communities living downstream. After a multi-year battle, the tribe managed to stop the mine.


2019 ◽  
Vol 2019 ◽  
Author(s):  
Tony Liao

In recent years, there has been a rise in predictive algorithms that focus on individual preferences and psychometric assessments. The idea is that an individual social media presence may give off unconscious cues or indicators of a person's personality. While there has been a growing body of research into people's reactions, perceptions, and folk theories of how algorithms work, there has been a growing need for research into these hyper-personal algorithms and profiles. This study focuses on a company called CrystalKnows, which purports to have the largest database of personality profiles in the world, many of which are generated without an individual's explicit consent. Through qualitative interviews (n=31) with people after being presented with their own profile, this study explores how people perceive the profiles, where they believe the information is coming from, and what contexts they would be comfortable with their profile being used. Crystal profiles also contain predictions about how people will communicate and potentially work together in teams with people of other personality dispositions, which also raises concerns about inaccurate assessments or discrimination based on these profiles. The findings from this study and how people rationalize these algorithms not only builds on our understanding of algorithmic perception and folk theories, but also has important practical implications for the trust in these systems and the continued deployment of hyper-personal predictive algorithms.


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