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Wednesday, April 22, 2020 | History

5 edition of Criminal liability for oil pollution found in the catalog.

Criminal liability for oil pollution

Hearing before the Subcommittee on Coast Guard and Maritime Transportation of the Committee on Transportation and ... Fifth Congress, second session, May 14, 1998

by United States

  • 380 Want to read
  • 36 Currently reading

Published by For sale by the U.S. G.P.O., Supt. of Docs., Congressional Sales Office .
Written in English


The Physical Object
Number of Pages121
ID Numbers
Open LibraryOL7377627M
ISBN 100160575702
ISBN 109780160575709
OCLC/WorldCa40357814

The Oil Pollution Act of (OPA) establishes a framework that addresses the liability of responsible parties in connection with the discharge of oil into the navigable waters of the United States, adjoining shorelines, or the exclusive economic zone.


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Criminal liability for oil pollution by United States Download PDF EPUB FB2

Abstract. This paper constitutes a chapter in a book on maritime pollution liability and policy in China, Europe and the U.S. and deals with criminal liability for oil pollution damage from an economic perspective. After an introduction first the economic theory of criminalisation is applied to oil pollution damage, Cited by: 2.

This item: Civil Liability for Marine Oil Pollution Damage: A Comparative and Economic Study of the International, US and Chinese Compensation Regime (Energy and There's a problem loading this menu right now. Learn more about Amazon Prime.

Prime members enjoy FREE Two-Day Delivery and exclusive access to music, Format: Hardcover. Criminal liability for oil pollution: hearing before the Subcommittee on Coast Guard and Maritime Transportation of the Committee on Transportation and Infrastructure, House of Representatives, One Hundred Fifth Congress, second session, Book Description.

Tackles the complex problem of the law relating to marine pollution and collisions. This work provides a detailed analysis of the legal framework relating to oil pollution and collisions, including the numerous international conventions and protocols, and domestic legislation. This remarkable book - the first in-depth examination of the civil liability regime for marine oil pollution damage from a law and economics perspective - examines the efficiency and effectiveness of the regime, with particular attention to whether it is in fact designed in the public interest or merely a distribution of risks and costs among.

Today's hearing is to examine two issues: first, whether one of the aspects of prevention, namely criminal liability for spilling oil, can actually contribute to the cause of a spill; and second, if possible, criminal liability can inhibit the fair exchange of information needed to respond to and clean up an oil spill.

Liu Nengye & Frank Maes Chapter 12 Criminal Liability of Master and Crew in Oil Pollution Cases: A Possible Conflict between the Law of the Sea Convention (UNCLOS), MARPOL and the European Directive /35/EC Marc A.

Huybrechts Chapter 13 Criminal Liabilities for Ship-Source Pollution Based on the Laws of China Jiang Yuechuan Chapter 14 Civil. Summary The Oil Pollution Act of (OPA) establishes a framework that addresses the liability of responsible parties in connection with the discharge of oil into the navigable waters of the United States, adjoining shorelines, or the exclusive economic zone.

Fafalios, was charged with failing to maintain an accurate oil record book, obstruction of justice, and witness tampering. In Decembera jury convicted Fafalios on all three counts. Ship operator Marine Managers Ltd. pleaded guilty to a violation of the Act to Prevent Pollution from Ships (APPS) and to obstruction of justice.

Criminal liability. Pollution can also give rise to criminal liability of the Master and the shipowner. A ship owning company’s directors, managers, and representatives can be prosecuted for pollution damage where such damage occurs due to their gross negligence or willful misconduct. LIABILITY & COMPENSATION FOR POLLUTION DAMAGE.

1 Dealing with marine pollution, whether at sea or on the shore, can be a protracted and expensive business. Initially, the costs of clean up operations fall on the bodies incurring them.

2 This appendix gives a brief description of the ways that those involved inFile Size: 69KB. This remarkable book – the first in-depth examination of the civil liability regime for marine oil pollution damage from a law and economics perspective – examines the efficiency and effectiveness of the regime, with particular attention to whether it is in fact designed in the public interest or merely a distribution of risks and costs among interested parties.

The Oil Spill Liability Trust Fund, funded by a 5 cent/bbl tax on oil imports provides compensation beyond that available from the responsible party or when no responsible party is identified (so-called mystery spills).

The OSLTF is administered by the National Pollution Funds Center, an arm of the US Coast Guard. The OSLTF has no set limit. Liu Nengye, F. Maes. Criminal Liability of Master and Crew in Oil Pollution Cases: A Possible Conflict between the Law of the Sea Convention (UNCLOS), MARPOL and the European Directive /35/EC; M.

Huybrechts. Criminal Liabilities for Ship-Source Pollution A- Based on the Laws of China; Jiang Yuechuan. Sec. criminal liability for dis- charge of oil which kills migratory birds; (3) Clean Water Act, 33 U.S.C.

Sec. (c): misdemeanor for negligent discharge of oil. The foregoing is meant to be a brief re- view of potential civil and criminal liability that could arise from oil pollution under U.S. law. Civil and criminal liability as mechanisms for the prevention of oil marine pollution: The Erika case Article in Review of European Community and International Environmental Law 20(3) November Author: Sophia Kopela.

This article analyzes the approach of the French courts with regard to criminal liability for oil marine pollution, channelling of civil liability and claims for environmental damage per se. Civil Liability for Oil Pollution Damage Edition Supplement The following amendments of the limitation amounts in the Protocol of to Amend the International Convention on Civil Liability for Oil Pollution Damage, were adopted by the Legal Committee of the International Maritime Organization by resolution LEG.1(82) on.

Liability and Compensation for Ship-Source Oil Pollution: An Overview of the International Legal Framework for Oil Pollution Damage from Tankers Studies in Transport Law and Policy - No.

1 UNITED NATIONS New York and Geneva, File Size: 2MB. Librarian's tip: "The Oil Pollution Act of " begins on p. Read preview Overview The Extraordinary and the Everyday in Explanations of Vulnerability to an Oil Spill By Dow, Kirstin The Geographical Review, Vol.

89, No. 1, January Missing: Criminal liability. •Extensive oil pollution from cargo spill My job today is to discuss the treatment of marine pollution incidents as criminal acts.

The industry is quick to acknowledge that criminal liability is an appropriate response for intentional and reckless acts of Size: KB. This case further demonstrates that the oil record book violation is not the only anti-pollution regulation that needs to be amended.

The garbage record regulations contain language that is identical to the ORB regulation. () Although the more environmentally damaging issue is oil pollution, garbage and waste pollution are just as serious. § Elements of liability § Defenses to liability § Limits on liability § Interest; partial payment of claims § Natural resources § Recovery by foreign claimants § Recovery by responsible party § Contribution § Indemnification agreements § Consultation on removal actions § 1: Convention relating to Civil Liability for Oil Pollution Damage 2: See article “A crime to fit the punishment – Criminal marine pollution cases in the United States” in Gard News issue No.

on Civil Liability for Oil Pollution Damage, ( Liability Convention) (BGBl. II S. ; BGBl. II ) Article I For the purposes of this Convention: 1. “Ship“ means any sea-going vessel and sea-borne craft of any type whatsoever constructed or adapted for the carriage oil in bulk as cargo, provided that a ship capable of File Size: 41KB.

The present international regime of compensation for damage caused by oil pollution is based on two conventions: International Convention on Civil Liability for Oil Pollution Damage, (CLC ) [1] - and International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, (FUND ) [1] by: 2.

International convention on civil liability for oil pollution damage, Intergovernmental Maritime Consultative Organization IMO Publishing, - Liability (Law) - 20 pages 0 Reviews. Oil pollution, liability and insurance Intervention Relating to High Seas Pollution by Oil - IMO Convention Companies Buy Pollution Legal Liability Coverage for these Reasons.

Marine Pollution in China US and EUrope (Energy and Environmental Law & Policy Series - Supranational and Comparative Aspects) [Micahel Faure, Han LiXin, Shan HongJun] on *FREE* shipping on qualifying offers.

Marine Pollution in China US and EUrope (Energy and Environmental Law & Policy Series - Supranational and Comparative Aspects)Format: Hardcover. The book also intends to offer a critical analysis on emerging public law concepts, such as the legal position of seafarers from the perspective of criminal law in cases of pollution and the impact of port state control as a pollution control mechanism.

Pollution at Sea is divided into three parts: 1. Private Law Liability Regimes 2. Get this from a library. Criminal jurisdiction over perpetrators of ship-source pollution: international law, state practice and EU harmonisation. [Alla Pozdnakova;] -- Criminal Jurisdiction over Perpetrators of Ship-Source Pollution: International Law, State Practice and EU Harmonisation provides a thorough analysis of criminal jurisdiction over the perpetrators of.

] LIABILITY UNDER THE OIL POLLUTION ACT States incurred "for the removal of such oil" up to a statutory maximum For a vessel, the liability limit was the lesser of $ per gross ton or $14,;23 for an onshore or offshore facility.

Civil Liability for Oil Pollution Damage, Edition. Update: Supplement for the Civil Liability for Oil Pollution Damage, has been published and is available to download here CIVIL LIABILITY FOR OIL POLLUTION DAMAGE, Edition. When it became clear that the Protocols of to the CLC Convention and to the Fund Convention were unlikely to come into force in the foreseeable.

Liability of the Nigerian Government in its oil and gas pollution One might say that the pollution acts above has been orchestrated by oil multinationals. There are however, reports that Shell Petroleum Development Company (SPDC) have worked in close hands with the Nigerian government [ 30 ].Author: Chukwuemeka Chuks-Ezike.

The term “liability” according to Blacks Law Dictionary [1] is the quality or state of being legally obligated or accountable; Legal responsibility to another or to the society, enforceable by civil remedy or criminal punishment.

In other words, it is a legal responsibility for something, especially for paying money that is owed or for damage or injury.

Water Pollution Offences. For England and Wales, the principal water pollution offences are contained in the Environmental Permitting (England and Wales) Regulations regulations 38(1) and 12(1).

The offences are similar to ones that used to be set out in section 85 of the Water Resources Act Oil Spill Liability and Liability Caps Liability for oil spills in the UK is on a strict liability basis, under the “polluter pays” principle.

There are a number of means of redress for liability, including tort claims, and the operator of the offshore installation has unlimited legal liability for the full costs associated with any.

Environmental Crimes: Water Pollution. 33 U.S.C. (a)-(i) (oil and hazardous substance liability) In the right column are cases from the book, along with citations and links to cases from the 11th Circuit and Florida courts citing either the case from the book or the statute relied on in that : Kat Klepfer.

ª Liability Conventionº means the International Convention on Civil Liability for Oil Pollution Damage, For States Parties to the Protocol of to that Convention, the term shall be deemed to include the Liability Convention as amended by that Protocol.

Article II This Convention shall apply exclusively:File Size: KB. Liability. The convention introduces strict liability for shipowners. In cases when the shipowner is deemed guilty of fault for an instance of oil pollution, the convention does not cap liability.

When the shipowner is not at fault, the convention caps liability at between 3 million special drawing rights. PART I – LIABILITY AND COMPENSATION FOR OIL POLLUTION DAMAGE 1. Introduction and Historical Overview 2. Compensation from the Shipowner under CLC 3.

Compensation from the IOPC Funds 4. Oil Pollution – The Position in the US 5. Pollution from Offshore Craft NEW.Civil Liability Convention (CLC), Edition. INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR OIL POLLUITION DAMAGE (CLC), ( Edition).

The purpose of the CLC Convention is to provide uniform international rules and procedures for determining questions of liability and to ensure that adequate compensation is available to victims of oil pollution by placing the liability for.

Under the Oil Pollution Act ofpassed in the wake of the Exxon Valdez oil spill, an “offshore facility” is liable for “the total of all removal costs plus $75,” There is a bill in Congress called the Big Oil Bailout Prevention Liability Act ofintroduced in early May, to raise the cap on economic damages to $10 billion.