Pollution at Sea: Law and Liability

by Baris Soyer (Editor), Andrew Tettenborn (Editor)

Overview

A sharp, informed and thoroughly practical guide to contemporary and developing issues relating to sea pollution, prepared by leading academics and practitioners with everyday hands-on experience. Pollution at Sea focuses on a number of the vital private law issues – compensation, insurance, contract and tort – thrown up by contemporary developments in the law of pollution. 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. Rights and Liabilities of Particular Parties
3. The Impact of Public Law on the Actors Concerned

In part 1; various liability regimes are dissected, including those which have been under the spotlight in recent years. This section has particular international appeal, and many of the regimes discussed are based at least in part on international conventions, agreements or practices. In part 2; the impact of pollution at sea on third parties is considered, with respect to the legal position of parties that might be perused either by the victims of pollution incidents or in some cases by the parties liable by way of a recourse action. Finally in part 3; recent relevant developments, particularly in the realm of public law are covered.

Product Details

ISBN-13:	9781317984412
Publisher:	Taylor & Francis
Publication date:	06/07/2013
Series:	Maritime and Transport Law Library
Sold by:	Barnes & Noble
Format:	eBook
Pages:	418
File size:	3 MB

About the Author

Professor Bariş Soyer is the Director of the Institute of International Shipping and Trade Law at Swansea University. He is a member of the British Maritime Law Association and British Insurance Law Association. He is the author of Warranties in Marine Insurance published by Cavendish Publishing (2001), and of an extensive list of journal articles published in elite journals such as Lloyd’s Maritime and Commercial Law Quarterly, Journal of Business Law, Torts Law Journal and Journal of Contract Law.

Professor Andrew Tettenborn has been attached to the Institute of International Shipping and Trade Law at Swansea Law School since 2010. He has also taught at the universities of Cambridge, Exeter and Geneva, has written extensively on widespread aspects of private, shipping and commercial law, and sits on the editorial board of Lloyd's Maritime & Commercial Law Quarterly. He has held visiting positions at Melbourne University, the University of Connecticut and at Case Law School, Cleveland, Ohio, USA.

Table of Contents

PART 1: Various Liability Regimes: International, Regional and National 1. “Torrey Canyon”, 45 Years on – Have We Solved All the Problems? Mr Patrick Griggs CBE, Past President of CMI, UK 2. Liability for Pollution from Ships Bunkers Mr Colin de la Rue, Partner, Ince & Co, London, UK 3. The HNS Convention and Its 2010 Protocol Mr Mans Jacobbson, Former Director, International Oil Pollution Compensation Funds, Sweden 4. Compensation for Pollution Damage Resulting from Exploration for and Exploitation of Seabed Mineral Resources Professor Baris Soyer, Director of the Institute of International Shipping and Trade Law, UK 5. Proposals for Legislative Reform Following the Deepwater Horizon Oil Spill Mr Charles B. Anderson, Skuld North America, USA 6. “To the Great Damage and Common Nuisance of All Liege Subjects of Our Lady the Queen”: Oil Pollution Claims and Public Nuisance Simon Rainey QC, Barrister Quadrant Chambers, London, UK 7. Avoiding International Legal Regimes- The Erika Experience Mr Luc Grelett, Partner, Reed Smith, Paris, France 8. Maritime Liability and Compensation in EU Law Mr Henrik Ringbom, Head of Unit, Marine Environment, Training and Statistics, at the European Maritime Safety Agency, Portugal PART 2: Pollution Liabilities and Third Parties 9. Environmental Salvage- Time for A Change? Mr Archie Bishop, Holman Fenwick Willan, London, UK
10. Recent Developments in P&I Cover for Pollution: Terrorism, Piracy and Sanctions Mr Luke Readman, Retired Chairman, Thomas Miller Ltd, UK 11. The Liability of Charterers for Marine Pollution Professor Richard Williams, Member of the Institute of International Shipping and Trade Law, UK 12. Marine Pollution- Unorthodox Suits and Unorthodox Defendants Professor Andrew Tettenborn, Member of the Institute of International Shipping and Trade Law, UK PART 3: Public Law Aspects 13. Maritime Pollution and State Liability Mr Simon Baughen, Reader in Law, University of Bristol, UK 14. Whatever Happened to European Directive 2005/35/EC? Europe's Ambivalent Approach to the Fight against Marine Pollution and its Consequences for Seafarers Professor Marc Huybrechts, Emeritus Professor of Law, University of Antwerp and University of Leuven, Belgium 15. Impact of Port State Control on Pollution at Sea Dr Oya Ozcayir, Maritime Consultant and Member of the Izmir Bar, Turkey