PRZEDMIOTEM OFERTY JEST KOD DOSTĘPOWY DO KSIĄŻKI ELEKTRONICZNEJ (EBOOK)
KSIĄŻKA JEST DOSTĘPNA NA ZEWNĘTRZNEJ PLATFORMIE. KSIĄŻKA NIE JEST W POSTACI PLIKU.
From the time it was first published in 1998, Shipping and the Environment has been the leading text on international and US law and practice in this field. Written by renowned legal and insurance practitioners with over 100 years of combined specialist experience, including first-hand knowledge of many major incidents, it is not only a comprehensive reference work but an abundant source of introductory material and practical insights, all explained with a clarity appreciated by lawyers and non-lawyers alike in a broad international readership. While updating its core subjects of pollution from ships, wreck removal and dumping at sea, this enlarged text extends into other modern areas including pollution from offshore operations after Deepwater Horizon, plastics released into the sea, recycling of vessels, polar operations, and the fast-changing restrictions on carbon emissions from ships, as well as safety threats such as cyberattacks, terrorism and modern forms of piracy. With a highly readable introductory chapter amounting to a book within a book, this is a volume of great importance to all whose work or studies are concerned with marine environmental affairs, whether in government, international bodies, industry, technical organizations, the professions, environmental NGOs, the academic world or other walks of life.
- Autorzy: Colin De La Rue Charles B Anderson Jonathan Hare
- Wydawnictwo: Taylor & Francis
- Data wydania: 2022
- Wydanie: 3
- Liczba stron:
- Forma publikacji: ePub (online)
- Język publikacji: angielski
- ISBN: 9780429516665
BRAK MOŻLIWOŚCI POBRANIA PLIKU. Drukowanie: OGRANICZENIE DO 2 stron. Kopiowanie: OGRANICZENIE DO 2 stron.
- Cover
- Half Title
- Series
- Title
- Copyright
- Foreword
- The authors
- Preface
- Acknowledgements
- Contents
- Detailed table of contents
- Table of cases and incidents
- Table of legislation
- Table of international instruments and agreements
- List of acronyms and abbreviations
- Part I – Introduction: The Environmental Aspects of Shipping
- 1 The Environmental Aspects of Shipping
- Introduction
- Modern concerns
- Public interest
- Role of international law
- Framework of international law and practice
- Law of the sea
- International organisations
- International Maritime Organization (IMO)
- International Oil Pollution Compensation Funds (IOPC Funds)
- Non-governmental organisations
- Laws on environmental aspects of shipping
- Liability and compensation for pollution and other impacts on the environment
- Laws to prevent, reduce and control pollution
- Effect of international regimes – general principles
- Entry into force
- Amendment of international conventions and the tacit acceptance procedure
- Differences of effect between treaties and implementing legislation
- Interpretation of treaties
- Compliance with treaty obligations
- Parties involved
- Regional, national and other domestic laws
- Development of marine environmental laws
- From sailing ships to supertankers
- Impacts on the environment
- Pollution from operational discharges
- Pollution caused by maritime accidents
- Emergence of the supertanker
- Torrey Canyon
- Legal problems highlighted by the Torrey Canyon
- Other developments
- International developments 1967–1978
- International response to the Torrey Canyon
- TOVALOP and ITOPF
- Brussels Conference 1969
- Intervention Convention 1969
- Civil Liability Convention 1969
- The oil industry contribution
- CRISTAL
- Fund Convention 1971
- Limitation of liability regimes
- Protection of the environment – international rules and standards
- Dumping at sea
- Ship safety
- COLREGS
- SOLAS
- Prevention of pollution from ships
- MARPOL
- Developments in the United States 1967–1978
- Reaction to Torrey Canyon and other spills
- Federal oil spill legislation
- Askew v. American Waterways Operators and the emergence of state pollution laws
- Limitation of Liability Act
- Ray v. Atlantic Richfield Co. and the limits of state regulation
- International developments 1978–1990
- Amoco Cadiz
- Revision of the Civil Liability and Fund Conventions
- The 1984 Protocols
- Salvage and the environment
- 1989 International Convention on Salvage
- Law of the sea and protection of the environment
- Developments in the United States 1978–1990
- Clean Water Act
- The Outer Continental Shelf Lands Act amendments
- Trans-Alaska Pipeline Authorization Act
- Deepwater Port Act
- Legislative developments
- Exxon Valdez
- Oil Pollution Act of 1990
- Legislative background
- Ramifications of OPA-90
- International developments 1990–2000
- Measures to prevent pollution and improve maritime safety
- Oil spill response and contingency planning
- MARPOL amendments
- International Safety Management Code
- Compensation for oil pollution
- 1992 Protocols
- Major incidents
- Criteria for the admissibility of claims
- 1992 Civil Liability and Fund Conventions
- Termination of industry schemes
- ITOPF
- Compensation for HNS damage and other environmental impacts
- Air pollution
- Greenhouse gas emissions
- Industry developments
- Developments in the United States 2000–2010
- The Intertanko decision
- New Carissa and the risk of pollution from non-tank vessels
- Higher limits of liability and the Oil Spill Liability Trust Fund
- Terrorism and maritime security
- A new chapter in criminal liability: oily water separators
- International developments 2000–2010
- Erika
- EU legislation: Erika I and II
- Prestige
- Review of international compensation regime
- EU legislation: Erika III
- New compensation regimes
- Bunker pollution
- Wreck removal
- New regimes to protect the environment
- Anti-fouling
- Ballast water management
- Shipment of waste and recycling of vessels
- Compensation for pollution from tankers – Hebei Spirit
- Criminal liability and fair treatment of seafarers
- Developments in the United States 2010 to present
- Deepwater Horizon
- Vessel-source pollution
- International developments 2010 to present
- Compensation for pollution and HNS damage
- Salvage and wreck removal
- Measures to prevent pollution
- Greenhouse gas emissions
- Measures for the protection of marine mammals
- Vessel strikes
- Underwater noise pollution
- Polar operations
- Maritime security and sanctions
- Piracy and other security threats
- Cyber risks
- Sanctions and political unrest
- Ship finance – the Poseidon Principles
- Covid-19 pandemic – effect on shipping and incident response
- Global issues in a modern age
- Part II – Liability and Compensation for Oil Pollution Damage
- 2 Compensation from the Shipowner under the Civil Liability Convention 1992
- Introduction
- Scope of application
- Geographical scope
- Pollution damage
- Internal waters and territorial sea
- Exclusive economic zone
- Preventive measures
- Definitions
- “Owner”
- “Ship”
- Consideration of the definition of “ship” by the IOPC Funds
- Preparatory works
- Meaning of sea-going vessel and seaborne craft
- Oil barges
- Vessels adapted for the carriage of oil
- Combination (oil/bulk/ore) carriers
- Unladen vessels
- Meaning of “ship capable of carrying oil and other cargoes”
- Meaning of “actually carrying oil in bulk as cargo”
- Meaning of “any voyage following such carriage”
- Meaning of “residues”
- Meaning of “unless it is proved”
- Vessels carrying cargo other than persistent oil
- Vessels used for storage of oil afloat
- Vessels used both for storage and for carriage of cargo in maritime transport
- State-owned ships
- “Oil”
- Persistent oil
- Oil not “carried on board” as cargo or bunkers
- “Pollution damage”
- “Incident”
- Intervening act or omission
- Grave and imminent threat of pollution
- Incident involving two or more ships
- Strict liability of the shipowner
- Exceptions to shipowner’s liability
- Exclusions of liability under CLC 92
- War risks
- Natural phenomenon
- Terrorism and other malicious acts
- Default in the maintenance of navigational aids
- Whether alternative remedy must be available against government authority
- Meaning of “maintenance”
- Meaning of “navigational aids”
- Act or omission of person suffering the damage
- Admissibility and assessment of claims
- Exclusion of other remedies (“channelling provisions”)
- Introduction
- Exclusion of claims against the owner otherwise than in accordance with CLC
- Exclusion of claims against other parties
- Servants or agents
- Persons who perform services for the ship
- Limits on effect of exclusions
- Owner’s rights of recourse unaffected
- Conduct barring immunity
- Claims for loss or damage other than “pollution damage”
- Claims in non-CLC states
- Limitation of liability
- Introduction
- Right of limitation under CLC 92
- Claims subject to limitation
- Relationship with 1992 Fund Convention
- Amount of liability limit
- Minimum limit
- Calculation of limitation tonnage
- Conduct barring right of limitation
- Practice in cases involving the 1992 Fund
- Constitution of limitation fund
- Constitution of fund as condition of limitation
- Jurisdiction in which fund is to be constituted
- Method of constituting fund
- Other conditions of limitation under national law
- Conversion into national currency
- Interest on limitation fund
- Distribution of limitation fund
- Payments made prior to distribution of fund
- Interim payments
- Compensation payments by parties other than the owner or his insurer
- Owners’ expenses
- Financial security and certification
- Time limit for proceedings
- Jurisdiction of courts and enforcement of judgments
- Jurisdiction
- Competent court
- Incident affecting more than one state
- Incident affecting only CLC states
- Incident affecting CLC states and non-CLC states
- Incident affecting two states where different versions of CLC are in force
- Recognition and enforcement of judgments
- General considerations
- Mutual recognition and enforcement
- Restrictions on arrest or enforcement where limitation fund established
- Effect of requirement that owner be entitled to limit liability
- 3 Compensation from the International Oil Pollution Compensation Funds
- Introduction
- International Oil Pollution Compensation Fund 1992
- Constitution of the fund
- Assembly
- Administrative Council
- Executive Committee
- Secretariat
- Funding
- Information sources
- Scope of application
- Cases in which the Fund pays compensation
- Cases where no liability arises under CLC 92
- Pollution from unidentified ship
- Shipowner exonerated from liability under CLC 92
- Cases where the shipowner is financially incapable of meeting his obligations
- Ships outside scope of financial security requirements
- Insurance cover and other assets insufficient
- Non-compliance with financial security provisions of CLC
- Cases where the damage exceeds the shipowner’s liability limit
- Owners’ expenses
- Cases in which the Fund’s liability is excluded
- War risks
- State-owned ships
- Pollution from sources other than ships
- Act or omission of person suffering the damage
- Admissibility and assessment of claims
- Payment of interest
- Limit of Fund’s liability
- Limit of compensation payable by the 1992 Fund
- Liability limit in case of natural phenomenon
- Effect of interest awarded on claims against owner
- Effect of interest paid or payable by the Fund
- Unit of account and conversion into national currency
- Distribution of available compensation
- Cases where a distribution is unnecessary or its effect is altered
- Agreement of major claimants to “stand last in the queue”
- Additional compensation available from other sources
- Time limit for proceedings
- Introduction
- Three-year time limit
- Notification to the Fund
- Six-year time limit
- Claim settlement procedures
- Co-operation with shipowners’ liability insurers
- Memorandum of Understanding with the International Group of P&I Clubs
- Response to incidents and handling of claims
- Submission of claims
- Determination and settlement of claims against the Fund
- Funding of compensation and interim payments
- Introduction
- Issues affecting interim payments
- Risk of overpayment due to compensation limit being exceeded
- Implications of interim payments exceeding liabilities to parties paid
- Subrogation
- Balancing payment between Fund and insurer
- Interim Payment Standard Terms
- Legal proceedings involving the Fund
- Competent court
- Extent to which Fund is bound by proceedings against shipowner
- Rights of recourse and subrogation
- Fund’s rights of recourse and subrogation
- Rights of recovery against the owner of the ship and his guarantor
- Rights of recovery against third parties
- Fund’s subrogation to recovery rights of shipowner
- Fund’s subrogation to recovery rights of other parties
- Rights of subrogation against the Fund
- Insurer of claimant
- Claim settlements paid by other parties
- Supplementary Fund
- Constitution and membership of the Supplementary Fund
- Payment of compensation
- Legal proceedings and subrogation
- Funding
- STOPIA and TOPIA
- Introduction
- STOPIA
- TOPIA
- Review and amendment of schemes
- 4 Oil Pollution – the Position in the United States
- Introduction
- Admiralty jurisdiction
- Navigable waters
- Admiralty Extension Act
- Admiralty tort jurisdiction
- The expansion of federal regulatory jurisdiction
- The current federal statutory scheme
- New York and Other Harbors Deposit of Refuse Prohibition Act of 1888
- Rivers and Harbors Act of 1899
- Clean Water Act (CWA)
- Prohibited discharges
- Reporting requirements
- Civil penalties
- Civil enforcement
- Oil Pollution Act of 1990 (OPA-90)
- The liability scheme of OPA-90
- Vessel
- Responsible party
- Third parties
- Discharge of oil
- Navigable waters
- Strict liability
- Removal costs
- Damages
- Defenses
- Act of God
- Act of war
- Act of sole-fault third party
- Limits of liability
- Gross negligence and willful misconduct
- Violation of regulation
- Failure to report or refusal to cooperate
- Contribution and indemnity
- The Oil Spill Liability Trust Fund
- Claims procedures
- Financial responsibility
- Jurisdiction and venue
- Jury trial
- Relationship to other law
- Statutes of limitations
- Federal maritime law
- State oil pollution statutes
- Common law theories of recovery
- 5 Pollution from Offshore Operations and Craft
- Introduction
- Industry practice
- Legal framework
- International regimes relating to offshore operations and craft
- Safety, security and environmental protection standards
- Liability and compensation regimes
- CLEE Convention 1977
- CMI Draft Convention on Offshore Mobile Craft 1977
- Proposed international convention on transboundary oil pollution from offshore activities
- Applicability of international conventions relating to ships and operations at sea
- Introduction
- Safety, security and environmental protection standards
- SOLAS and the Convention on Load Lines
- MODU Code
- MARPOL
- Application of regulatory regimes to FPSOs and FSUs – IMO guidance
- OPRC – oil pollution emergency plans and reporting of incidents
- The LC/LP regime on dumping at sea – decommissioning and dumping of offshore units
- Liability and compensation regimes
- Civil Liability and Fund Conventions 1992
- Bunkers Convention 2001
- Wreck Removal Convention 2007
- Hazardous and Noxious Substances Convention 2010
- Limitation of liability under the LLMC regime
- Financial security requirements
- Position under national laws
- Introduction
- Major incidents
- Position in the United States
- Deepwater Horizon
- The explosion and loss of the rig
- Investigations
- The response to the incident
- Spill impacts and damage assessment
- Legislative and regulatory response
- Civil litigation following the Deepwater Horizon disaster
- Position under other national laws
- Regulation of standards of safety and environmental protection
- Liability for marine environmental claims
- Limitation of liability
- Voluntary industry arrangements: OPOL
- Contractual allocation of liability risks
- Introduction
- Forms of contract
- Governing law and jurisdiction
- Typical exclusions, indemnities and other terms relating to environmental risks
- Environmental risks
- Pollution
- Wreck removal
- Exceptions from pure knock-for-knock regimes
- Restriction to specified types of acts or omissions
- Restriction to acts or omissions of specified personnel
- Exclusion of consequential loss
- Financial limit
- Issues relating to exclusions and indemnities
- General principles of interpretation
- Scope of exclusions and indemnities
- Fines, penalties and punitive damages
- Exceptions from exclusions and indemnities
- Gross negligence
- Wilful misconduct
- Insurance
- 6 Pollution from Ships’ Bunkers
- Introduction
- Compensation under the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001
- Introduction
- Geographical scope
- Scope of liability
- “Ship”
- “Bunker oil”
- “Incident” and “pollution damage”
- Exonerations from liability
- Parties liable under the Convention
- Liability incurred independently of the Convention
- Liability of shipowner
- Liability of parties other than the shipowner
- Relationship with Civil Liability Convention 1992
- Admissibility of claims
- Limitation of liability
- Introduction
- Limitation of bunker pollution claims under LLMC
- General considerations
- Travaux préparatoires of Bunkers Convention and related sources
- Financial security and certification
- Time limit for claims
- Jurisdiction of courts and enforcement of judgments
- Jurisdiction
- Recognition and enforcement of judgments
- Bunker pollution incidents involving tankers and other vessels constructed or adapted for the carriage of oil
- Introduction
- Implications
- Pollution incidents during bunkering operations
- Position in the United States
- Limitation of liability
- Financial responsibility
- Part III – Compensation for Damage by Hazardous and Noxious Substances
- 7 HNS Damage and the Hazardous and Noxious Substances Convention 2010
- Introduction
- Background
- Adoption of the 1996 HNS Convention
- Obstacles to support for the HNS Convention – amendments to facilitate entry into force
- The 2010 HNS Protocol
- National and regional laws
- EU Environmental Liability Directive 2004
- Modern developments
- HNSC – scope of application
- Geographical scope
- Definitions
- “Hazardous and noxious substances”
- “Owner”
- “Ship”
- “Carriage by sea”
- “Damage”
- “Incident”
- Incident involving two or more ships
- Cases excluded from scope of Convention
- Excluded claims
- Excluded damage
- Excluded ships
- Relationship with Wreck Removal Convention 2007 (WRC)
- HNSC – liability of the shipowner under Chapter II
- Exceptions to shipowner’s liability
- Full exoneration from liability
- Full exoneration where nature of substances unknown
- Damage resulting from act or omission of the claimant
- Exclusion of other remedies
- Limits on effect of exclusions
- Limitation of owner’s liability
- Amount of liability limit
- Conduct barring limitation
- Relationship to other limitation funds
- Establishment and distribution of limitation fund
- Financial security and certification
- HNSC – compensation by the HNS Fund under Chapter III
- Cases in which the HNS Fund pays compensation
- Cases where there is no liability under Chapter II
- Unidentified ship
- Shipowner exonerated from liability
- Cases where the shipowner is financially incapable of meeting his obligations
- Cases in which the damage exceeds the owner’s liability limit
- Owner’s expenses
- Cases in which liability of HNS Fund is excluded
- Limit of HNS Fund’s liability
- Organization and administration of the HNS Fund
- Funding and reporting
- General framework
- Reporting
- Time limit for claims
- Jurisdiction of courts and enforcement of judgments
- 8 HNS Damage – the Position in the United States
- Introduction
- Claims under the general maritime law
- Implied warranty
- Negligence
- Strict liability and negligence per se
- Liability to third parties
- Clean Water Act
- Comprehensive Environmental Response, Compensation, and Liability Act
- General overview
- Response actions
- Risk assessment
- Liability of responsible parties: general
- Defenses
- Government enforcement actions
- Response costs
- Private cost recovery actions
- Contribution
- Damages
- Liability of vessel owners and operators
- Liability of shippers
- CERCLA section 106 orders
- Response options to a section 106 administrative order
- “Facility” versus “vessel” liability for compliance with administrative orders
- The meaning of “sufficient cause”
- Administrative orders under the Clean Water Act
- Intervention on the High Seas Act
- CERCLA administrative record
- Judicial review
- Relationship to other law
- Financial responsibility
- Claim provisions
- Statute of limitations
- Reauthorization and reform
- Part IV – Admissibility and Assessment of Claims
- 9 Claims – General Principles
- Introduction
- Legal framework
- Claims under international compensation regimes
- Oil pollution compensation regimes
- “Pollution damage”
- “Preventive measures”
- Hazardous and Noxious Substances Convention 2010
- Nairobi Wreck Removal Convention 2007
- Claims under domestic laws
- Claims for oil pollution removal costs and damages in the United States
- Claims under domestic laws in other jurisdictions
- Technical considerations
- The short- and long-term effects of oil spills
- Type of oil spilt
- Climate
- Other environmental factors
- The nature of environmental damage
- Technical problems associated with preventive measures, clean-up and restoration
- Preventive measures and clean-up
- The practicality of restoration
- Public perceptions and their effect
- Principles relating to the admissibility and assessment of claims
- General considerations
- Reasons for a uniform system
- Role of national courts
- Policy considerations
- Criteria for the admissibility of claims
- Legal status of Funds’ criteria
- Significance in practice of Funds’ criteria – Claims Manual and guidelines
- Claims Manual for the Bunkers Convention 2001
- 10 Clean-Up Operations and Other Preventive Measures
- Introduction
- Position in the United States
- Persons entitled to claim costs of clean-up and preventive measures
- Position under international compensation regimes
- Owners’ expenses
- Claims in respect of measures taken by contractors
- Claims by volunteers
- Position under other laws
- The reasonableness of the measures
- Operations at sea
- Recovery of oil at sea
- Dispersants
- Shoreline operations
- Rehabilitation of wildlife
- Measures to prevent or minimize the escape of oil from a ship or wreck
- Subsea operations
- Law and practice
- The cost of the measures
- Fixed and additional costs of government and other public bodies
- Judicial decisions
- Practice of the IOPC Funds
- Residual value of equipment or material purchased in response to an incident
- Claims for VAT by central governments
- Loss or damage caused by clean-up or preventive measures
- The purpose of the measures
- Position under international oil pollution compensation regimes
- Position under the Hazardous and Noxious Substances Convention 2010
- Salvage, wreck removal and related measures
- Issues involved in determining the purpose of response operations
- The effect of the measures
- The motives of those taking the measures
- Problems caused by difficulty in determining the purpose of response operations
- Practice in respect of claims under international compensation regimes
- Primary purpose test
- Variations on the primary purpose test
- Operations involving different measures with distinct purposes
- Extra costs of salvage
- Dual purpose operations
- Practice with respect to operations under modern forms of salvage agreement
- Apportionment between pollution prevention and wreck removal
- 11 Damage to Property
- Introduction
- Position under oil pollution compensation regimes
- Damage caused by contamination
- Damage to fishing gear
- Damage to fish farms and aquacultural stocks
- Damage to ships, boats and port installations
- Damage to real property
- Damage to desalination plants and power stations
- Damage caused by windblown oil spray
- Loss of market value
- Damage sustained without oil entering the sea
- Consequential loss of or damage to property
- Loss or damage caused by preventive measures
- Other forms of consequential loss or damage
- Cleaning versus replacement
- Property damage falling outside oil pollution compensation regimes
- Damage on board the ship carrying the oil
- Damage not caused by contamination
- Contamination not caused by escape or discharge of oil
- Position under the HNS Convention 2010
- 12 Economic Loss
- Introduction
- Outline of problems
- Legal framework
- Traditional principles
- Modern legislation
- Statutory compensation and other remedies
- Scope of chapter
- General principles of national laws governing recovery of economic loss
- Position at common law
- Position in the United Kingdom
- Position in the United States
- General principles
- Recovery of economic loss at common law in pollution cases
- Commercial fishermen
- Parties other than commercial fishermen
- Position in other common law jurisdictions
- Civil law jurisdictions
- Position under current federal legislation in the United States
- CERCLA
- OPA-90
- Position under the laws of individual US states
- International conventions: general principles
- Introduction
- Criteria applied by the IOPC Funds
- General criteria in relation to claims for economic loss
- Cost of measures to prevent or minimize economic loss
- Decisions of national courts
- Civil law jurisdictions
- Common law jurisdictions
- Conclusions
- International conventions: decisions of IOPC Funds
- Introduction
- Fishing industry and related claims
- Claims by fishermen, fish farms and other aquacultural establishments
- Contamination of stocks held in fish farms and similar establishments
- Destruction of stocks as a result of government orders or to preserve public confidence
- Contamination of wild fish and other seafood
- Reduced catches
- Ongoing damage to stocks: loss of future income
- Interruption of or reduction in fishing or harvesting activities
- Interruption resulting from fishing bans or harvesting restrictions
- Interruption resulting from contamination of equipment
- Interruption resulting from contamination of water supplies
- Cessation or reduction of activities for other reasons
- “Second degree” fishery claims
- Reduced supplies of fish: fish processors, traders, agents and other parties
- Reduced demand for goods or services
- Repairers and makers of fishing or fish farm equipment
- Fish porters
- Suppliers of smolt or feed to fish farms
- Suppliers of other goods or services
- Haulage and transport companies
- Loss of market: reduction in prices and/or sales
- Marketing campaigns
- Claims by or relating to employees
- Tourist industry and related claims
- Hotels, restaurants, shops and other tourist establishments
- Establishments at uncontaminated locations in polluted area
- Establishments outside pol
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