compulsory insurance and compensation for bunker oil pollution damage 5 hamburg studies on maritime affairs

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Compulsory Insurance And Compensation For Bunker Oil Pollution Damage

Author : Ling Zhu
ISBN : 9783540459033
Genre : Law
File Size : 67. 32 MB
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Oil tankers are not solely to blame for pollution at sea. Non-tankers have released numerous spills. The International Convention on Civil Liability for Bunker Oil Pollution Damage has been adopted, but has not yet come into force. This timely and comprehensive book studies compulsory insurance, its main purpose of ensuring compensation and its interrelations with other features such as the rule of strict liability, the limitation of liability of that convention.

Civil Liability For Bunker Oil Pollution Damage

Author : Dan Malika Gunasekera
ISBN : 3631604602
Genre : Law
File Size : 67. 88 MB
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This book deals with the liability conventions brought into existence by the International Maritime Organization and concentrates on the newly adopted instrument dealing with bunker oil pollution as an area of great concern for every stakeholder involved in shipping business. The work covers a wide spectrum ranging from the Convention itself to its scope of application, liable and aggrieved parties, jurisdiction, requirements of liability and admissibility of claims, defences and exoneration from liability. It addresses many areas of interest and of importance to international and national legal advisors, lawyers, law students and anyone interested in the relevant field such as shipowners, charterers, shipbrokers, ship personnel and associated contractors and sub-contractors.

The Use Of Cites For Commercially Exploited Fish Species

Author : Solène Guggisberg
ISBN : 9783319237022
Genre : Law
File Size : 86. 71 MB
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This book examines the legality, adequacy and efficacy of using the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) for commercially-exploited fish species and assesses whether the existing institutional cooperation with the Food and Agriculture Organization (FAO) and regional fisheries management organizations (RFMOs) is efficient. This case-study also provides an interesting lens to approaching wider international law issues. Indeed, finding ways to achieve effective governance of transboundary or global natural resources is central to the peaceful use of oceans and land. Furthermore, the role of science in advising decision-makers is a sensitive issue, which deserves scrutiny and is similar in many regimes. Finally, the complex problem of fragmentation of international law is acute in various fields of environmental law, as in all rapidly developing areas of international regulations.

Responsibility And Liability In The Context Of Transboundary Movements Of Hazardous Wastes By Sea

Author : Jan Albers
ISBN : 9783662433492
Genre : Law
File Size : 68. 71 MB
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The term “hazardous wastes” covers a wide range of disused products and production wastes generated not only in industrial sectors, but also in all areas of everyday life. Hazardous wastes are to a large extent shipped by sea to third countries for recycling or disposal. While the procedural requirements for such movements are laid out in the 1989 Basel Convention, explicit rules of responsibility and liability for resulting damages are neither provided by the Basel Convention nor by other international conventions. The Liability Protocol to the Basel Convention of 1999 has not yet entered into force. This book examines the existing rules of responsibility and liability applying to States and private persons and outlines the conditions under which liability may be incurred. Subsequently, the advantages and shortcomings of the 1999 Liability Protocol are analyzed. Although this Protocol faces substantial political headwind, from a legal perspective it includes principally useful and reasonable approaches and should therefore be ratified.

International Ocean Governance

Author : Lee A. Kimball
ISBN : 2831706173
Genre : Nature
File Size : 47. 35 MB
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Jurisdiction Of The Coastal State Over Foreign Merchant Ships In Internal Waters And The Territorial Sea

Author : Haijiang Yang
ISBN : 9783540331926
Genre : Law
File Size : 82. 40 MB
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The general international law regarding foreign merchant ships in internal waters has never been codified. The question of the breadth of the territorial sea was finally solved during the Third United Nations Conference on the Law of the Sea. But conflicts between coastal States and foreign merchant ships in internal waters and the territorial sea may arise. This comprehensive study analyses these issues and strives for reasonable and generally acceptable solutions.

Oil Pollution In The Baltic Sea

Author : Andrey G. Kostianoy
ISBN : 9783642384769
Genre : Technology & Engineering
File Size : 55. 3 MB
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This thorough review is based on observational satellite, airborne and in-situ data, scientific literature and technical reports, as well as the substantial experience of the authors, who hail from several Baltic Sea countries. They pay special attention to national practices, HELCOM and EMSA CleanSeaNet activities in oil pollution monitoring, and show different applications of the Seatrack Web model for oil spill drift prediction and the identification of illegal polluters, as well as for environmental risk assessment. Furthermore, some of the results on satellite monitoring of the Nord Stream gas pipeline construction in the Gulf of Finland are presented. This volume addresses the needs of specialists working in different fields of marine, environmental, and remote sensing sciences. It is a useful handbook on oil pollution for international and governmental agencies, as well as for policy makers who plan and manage oil and gas projects, the construction of ports and terminals, shipping, fishery, recreation, and tourist activities in the Baltic Sea. It also offers graduate and undergraduate students in marine and environmental sciences a valuable resource and reference work on the subject.

Civil Liability For Accidents At Sea

Author : Sarah Fiona Gahlen
ISBN : 9783662455555
Genre : Law
File Size : 87. 53 MB
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​This book presents a study on civil liability for accidents at sea, with a focus on the interests of parties that are not contractually participating in the maritime enterprise. Shipping and the maritime offshore industry are among the most international businesses in the world, and the operation of ships and facilities at sea can involve very different interests in a wide variety of relationships. Although there is an international legal framework that covers the most frequent types of cases, questions remain regarding the interplay of international and national legislation. Addressing those questions, the first part of this study analyses the rules and the limits of international regulation applicable at sea, namely regarding compensation for pollution damage. The second part focuses on the jurisdictional rules and conflict-of-law rules that may be used to deal with cases beyond the scope of international legislation, in accordance with the law of the sea.​

The Principle Of Indemnity In Marine Insurance Contracts

Author : Kyriaki Noussia
ISBN : 9783540490746
Genre : Law
File Size : 45. 67 MB
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This book discusses legal issues related to the principle of indemnity in marine insurance contracts as well as disputes that may arise in a representative sample of common and continental law jurisdictions. It offers a comparative examination of Australian, English, Canadian, French, Greek, Norwegian and U.S. law. It examines the scope for a legal reform and the potential of achieving a better, more flexible, and modern indemnification regime.

Shipowners Limitation Of Liability

Author : Barnabas Reynolds
ISBN : 9041124659
Genre : Business & Economics
File Size : 52. 82 MB
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How limitation issues arise -- Tonnage and value based limitation systems -- Who may invoke global limitation? -- For which types of vessel is limitation available? -- The claims to which limitation may apply -- When is the right to limited liability lost? -- The limits of liability -- Multiple funds, multiplicity of defendants and counterclaims -- Constitution of the fund and priority of claims -- The admiralty jurisdiction of the English High Court and English limitation procedure -- Jurisdiction for global limitation of liability proceedings -- Passenger liability -- Cargo claims and the Hague-Visby Rules -- Limitation of liability for oil pollution -- Bunker and lubricating oils -- Liability for oil pollution not covered by international conventions -- Hazardous and noxious substances -- Appendix I. Ratification status of the 1924 Limitation Convention -- Appendix II. Ratification status of the 1957 Limitation Convention and its 1979 Protocol -- Appendix III. Ratification status of the 1976 and 1996 LLMCs -- Appendix IV. 1924 Limitation Convention -- Appendix V. 1957 Limitation Convention -- Appendix VI. 1976 LLMC -- Appendix VII. 1996 LLMC.

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