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References
Springer, Allen L., The International Law of Pollution: Protecting the Global Environment in a World of Sovereign States (1983), p. 136.
1969 CLC, Art. VII.
Molenaar, Erik Jaap, Coastal State Jurisdiction over Vessel-Source Pollution (1998), p. 36.
Rosag, Erik, ‘Compulsory Marine Insurance’, originally published in Scandinavian Institute of Maritime Law Yearbook 2000, available at: <http://folk.uio.no/erikro/WWW/corrgr/insurance/simply.pdf> (visited 21 March 2005).
UK P&I Club, ‘Port State Control’, P&I Int., 2003, 17(5), at 14.
Ozcayir, Z. Oya, Port State Control (2001), p. 10.
The SOLAS are reprinted in: Lloyd’s Shipping Law Library: The Ratification of Maritime Conventions (2004), Vol.2, II.3.10, II.3.20, II.3.21, II.3.22, II.30, II.3.40, and II.3.41.
Hazelwood, Steven J., P&I Clubs Law and Practice (2000), p. 43.
Ozcayir, Z.Oya, supra, note 15, pp. 102–105.
Bennett, Paul, ‘Mutual Risk: P&I Insurance Clubs and Maritime Safety and Environmental Performance’, Marine Policy 25 (2001), pp. 13–21, at 14.
Wilde, Mark, Civil Liability for Environmental Damage (2002), p. 296.
Pfennigstorf, W., ‘Policy Considerations for Insurers Engaging in Environmental Liability Insurance’, in: Bocken, H./Ryckbost, D. (eds.), Insurance of Environmental Damage (1991), pp. 269–289, p. 273, “...the availability of insurance coverage has become a factor of increasing importance in the development of the law of liability. This has become evident not only in decisions made by courts, but also in the process of legislation, especially with respect to environmental liability. There is strong reluctance to act without first obtaining a commitment from the insurance industry to the effect that coverage commensurate to the intended new level of liability will be available.”
Wilde, Mark, supra, note 57, p. 296.
Wu, Chao, Pollution from the Carriage of Oil by Sea: Liability and Compensation (1996), p. 53.
Pfennigstorf, W., ‘Limited Insurability of Unlimited Liability: Serial Claims, Aggregates and Alternatives: The Continental View’, in: Kroener, Ralph P (ed.), Transnational Environmental Liability and Insurance, pp. 159–165, at 161.
See ‘The Underwriting of Oil Pollution Risks’, in: DeLaRue, Colin M. (ed.), Liability for Damage to the Marine Environment (1993), pp. 149–154, at 152: “...the reinsurer might pay for the first and possibly the second oil pollution loss, but thereafter a company or syndicate writing the insurance would almost certainly be unprotected.”
Bergkamp, Lucas, Liability and Environment (2001), p. 15.
This is the definition given by OECD, cited by Bergkamp, Lucas, ibid., p. 15.
Sands, Philippe J., Principles of International Environmental Law I: Frameworks, Standards and Implementation (1995), p. 214. The first international instrument to refer expressly to the “polluter pays” principle is the 1972 OECD (Organisation for Economic Co-operation and Development) Council Recommendation on Guiding Principles Concerning the International Economic Aspects of Environmental Policies, which endorsed the “Polluter-pays” principle to allocate costs of pollution prevention and control measures, encourage rational use of environmental resources and avoid distortions in international trade and investment. Following OECD resolutions and recommendations, the principle was incorporated in the Single European Act and, in general, European jurisdictions have been paying increasing attention to the principle, although there is less support outside the European States.
Commission of the European Communities. Communication from the Commission to the Council and Parliament and the Economic and Social Committee: Green Paper on Remedying Environmental Damage. Brussels, 14 May 1993, COM (93)47 final. In Bergkamp, Lucas, supra, note 65, p. 16, F.N.46.
Bergkamp, Lucas, ibid., p. 16.
Sands, Philippe J., supra, note 67, p. 214.
Gyselen, Luc, ‘P&I Insurance: the European Commission’s Decision Concerning the Agreements of the International Group of P&I Clubs’, In: Huybrechts, Marc/Hooydonk, Eric Van/Dieryck, Christian (eds.), Marine Insurance at the Turn of the Millennium (1999), Volume 1, pp. 181–202.
Gabriel, Moss (ed.), Cross-frontier Insolvency of Insurance Companies (2001), p. 249.
Bennett, Paul, supra, note 56, at 19.
Gyselen, Luc, supra, note 80, p. 182: “The remaining tonnage is either not insured at all or is insured by small independent P&I mutuals or commercial insurers operating in ‘niche’ segments of the P&I market (e. g. covering relatively low risks such as dry cargo, coastal or fishing vessels). Some Lloyd’s syndicates have recently entered the market...”
Hill, Christopher/ Robertson, Bill/ Hazelwood, Steven J., Practical Guides: Introduction to P&I (1996), p. 11.
Bennett, Paul, supra, note 56, at 14.
Thomas, David Rhidian (ed.), The Modern Law of Marine Insurance (2002), p. 1.
Hazelwood, Steven J., supra, note 36, p. 121, footnote omitted; see also Chapter 2, Section C.I.4.c).
Hazelwood, Steven J., supra, note 36, p. 122.
Hazelwood, Steven J., ibid.
Hazelwood, Steven J., ibid, p. 123.
Ibid.
Richardson, Benjamin J., ‘Mandating Environmental Liability Insurance’, 12 Duke Envtl. L. & Pol’y F. 293, at 296.
Bennett, Paul, supra, note 56, at 14, cited from Donaldson J.,’ safer ships, cleaner seas: report of Lord Donaldson’s inquiry into the prevention of pollution from merchant shipping’, London: HMSO.1994.
Bennett, Paul, ibid.
Ibid., p. 17.
Ibid., p. 17.
Ibid., p. 18.
Gold, Edgar, Gard Handbook on P&I Insurance (2002), p. 111. See also ibid., p. 17: “...if a shipowner switches Clubs, the new Club must not undercut the old Club for at least 1 year.”
Larsson, Maria-Louise, The Law of Environmental Damage: Liability and Reparation (1997), p. 561.
Bergkamp, Lucas, supra, note 65, p. 229. The author discusses the fund scheme in general.
For more details in Bergkamp, Lucas, supra, note 65, pp. 225–230.
Wu, Chao, Pollution from the Carriage of Oil by Sea: Liability and Compensation (1996), p. 3.
Tsimplis, Michael N., ‘The Bunker Pollution Convention 2001: Completing and Harmonizing the Liability Regime for Oil pollution from Ships?’ 1 Lloyd’s Mar. & Com. L.Q. (2005), pp. 83–100, at 83.
This idea follows the Irish proposal in the discussion of the 1969 CLC, see IMCO, O.R., 1969, pp. 446–452.
See Hague Rules 1924, reprinted in: Lloyd’s Shipping Law Library: The Ratification of Maritime Conventions (2004), Vol.3, II 5.10, Art. 1(a), “‘Carrier’ includes the owner of the vessel or the charterer who enters into a contract of carriage with a shipper.” Hamburg Rules 1978 also has the definition, reprinted in: Lloyd’s Shipping Law Library: The Ratification of Maritime Conventions (2004), Vol.3, II.5.220, “Carrier” refers to “any person by whom or in whose name a contract of carriage of goods by sea has been concluded with a shipper.”
A term used in the United States includes both the NVOCC and the ocean freight forwarder. The former denotes the “Non-Vessel-Operating Common Carrier”, which means a common carrier that does not operate the vessel by which the ocean transportation is provided and is a shipper in its relationship with an ocean common carrier. The “freight forwarder” is a bit complicated. At times, the freight forwarder acts as a principal contractor in respect of the shipper and bears the responsibilities of a common carrier. At other times, the freight forwarder acts merely as an agent of the shipper, with the obligation to exercise reasonable care and skill. The definitions are from Tetley’s Glossary of Maritime Law, available at: <http://www.mcgill.ca/maritimelaw/glossaries/maritime/> (visited 24 November 2005).
Gold, Edgar/ Chircop, Aldo/ Kindred, Hugh, Canadian Maritime Law (2003), p. 380.
Anderson, Charles B./ DelaRue, Colin, M., ‘Liability of Charterers and Cargo Owners for Pollution from Ships’, 26 Tul. Mar. L. J., pp. 1–60, at 9.
Davis, Mark, Bareboat Charter (2000), p. 65.
In 1989, the Documentary Committee of BIMCO (the Baltic and International Maritime Council) amalgamated the two forms in producing the Barecon 89 form, for use for bareboat chartering. Since its introduction, the Barecon 89 form has replaced its predecessors in popularity and is used for the majority of operating charters. Barecon 89 is reprinted in: Davis, Mark, ibid., pp. 191–203.
Anderson, Charles B./ DelaRue, Colin, M., supra, note 128, at 9, F.N. 40.
Hazelwood, Steven J., supra, note 36, p. 99.
O.R. 1969 CLC, p. 445.
O.R. 1969 CLC, p. 443.
Chen, Xia, Limitation of Liability for Maritime Claims (2001), p. 8.
Ibid.
Willingale, Malcolm, Ship Management (1998), p. 136.
Willingale, Malcolm, ibid., p. 131.
More read Willingale, Malcolm, ibid.
O.R. 1969 CLC, p. 457.
Willingale, Malcolm, supra, note 139, p. 124, p. 131.
Gold, Edgar/ Chircop, Aldo/ Kindred, Hugh, supra, note 127, p. 379.
Baughen, Simon, Shipping Law (2001), p. 172.
Davis, Mark, supra, note 130, p. 2. However there is a trend that the court is asked to look into the circumstance where the oil spill actually happened. The charterer might in some particular case interfere with the operation of the ship or the charterer had actually exercised operational control over the vessel.
Anderson, Charles B./ DelaRue, Colin, M., supra, note 128, p. 29.
Larsson, Marie-Louise, The Law of Environmental Damage: Liability and Reparation (1997), p. 157, any footnote omitted.
The Law of the Sea Convention, 1982: Art. 192, reprinted in: Lloyd’s Shipping Law Library: The Ratification of Maritime Conventions (2004), Vol.2, II 170.
Francioni, Franesco/ Scovazzi, Tullio (eds.), International Responsibility for Environmental Harm (1991), p. 15.
The example is from the Eighth Offering for an Annex on Environmental Liability in Antarctica, but it is slightly different. The State would be liable for environmental damage caused by the operator that is not justifiable under the preliminary environmental impact assessment of the project conducted by the State. For more details see Morrison, Fred L./Wolfrum, Rüdiger (eds.), International, Regional and National Environmental Law (2000), p. 830.
Birnie, Patricia W./ Boyle, Alan E., International Law and the Environment (1992), p. 291.
Morrison, Fred L./ Wolfrum, Ruediger (eds.), supra, note 156, p. 822, 823.
Gauci, Gotthard, Oil Pollution at Sea (1997), P.86: “There should be no doubt that this principle of responsibility can be extended to impose liability on flag States in respect of pollution caused by their vessels; however, whether one can go so far as to state that such liability is strict is highly debatable...”
Vicuna, Francisco Orrego, ‘Responsibility and Liability for Environmental Damage under International Law: Issues and Trends’, 10 Geo. Int’l Envtl. L. Rev., pp. 279–308, at 285, 286: “Because environmental regimes usually involve the active cooperation of States in ensuring their effectiveness, the failure of a State to enact appropriate rules and controls to this effect at the domestic level, even if technically not amounting to the breach of an obligation, might engage its international liability if damage ensues as a consequence...”
Seward, R. C., ‘The Insurance Viewpoint’, in: Limitation of Shipowner’s Liability: the New Law (1986), pp. 161–186, at 163.
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(2007). Insurance and the Quest for Adequate Compensation. In: Compulsory Insurance and Compensation for Bunker Oil Pollution Damage. Hamburg Studies on Maritime Affairs, vol 5. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-540-45903-3_5
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