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