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One aspect of the international problem of marine pollution is pollution by ships. As an international problem, pollution by ships demands action at a level above the national. Many international agreements have been reached, but this thesis argues that a comprehensive liability regime is now necessary. To find the principles upon which such a liability regime should be based, decisions of international tribunals, acts of state practice, and existing conventional arrangements are canvassed. "Reasonableness" is found to be the central characteristic, and is given more specific meaning through the survey. A convention is proposed in general outline only, but a regional framework is suggested, and principles on which to base the convention are summarized. / Law, Peter A. Allard School of / Graduate

University of Macau / Faculty of Law

The purpose of this thesis is to explain and evaluate the law concerning compensation for tanker-source oil pollution damage under three different liability regimes: (a) the International Convention on Civil Liability for Oil Pollution Damage, 1969 and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 including the Protocols of 1976, 1984 and 1992 to these Conventions. (b) the Tanker Owners Voluntary Agreement concerning Liability for Oil Pollution (TOVALOP) and the Contract Regarding a Supplement to Tanker Liability for Oil Pollution (CRISTAL) as at the 20th February, 1994. (c) the United States Oil Pollution Act of 1990 and U.S. State Legislation. In this context the thesis explains inter alia the evolution of law from fault to no-fault liability and from limited to increasingly limitless liability. The thesis examines the notion of damage eligible for compensation, for example, ecological and pure economic damage. Conclusions are reached as to the role increasingly stringent liability provisions may have on the quality of the tanker-process. The impact that the U. S. Oil Pollution Act 1990, and associated U.S. state legislation may have on the international pollution regimes covered by the various international Conventions and associated voluntary agreements is also discussed. / Thesis (LL.M.)-University of Natal, Durban, 1994.

This dissertation addresses the question of liability for oil spills emanating from offshore installations, beginning with an analysis of international law, specifically international customary law, global conventions and regional agreements. Following the analysis of the present international law, a number of proposals are considered in motivation of a global convention specifically addressing offshore platforms. Key areas addressed are the scope of the proposed convention, the standard of liability imposed, the quantum of liability suggested, financial security measures, dispute resolution proceedings and alternatives to a global convention. Legal instruments discussed in this portion include the United Nations Law of the Sea Convention, the International Convention on Civil Liability for Oil Pollution and a number of global and regional legal instruments. This discussion will also draw analogies with the nuclear compensation regime in motivation for strict liability between States. The domestic legal framework of the United States of America and South Africa are discussed and contrasted. The primary federal marine pollution legislation of the USA, the Oil Pollution Act of 1990, is compared to South Africa’s Marine Pollution (Control and Civil Liability) Act 6 of 1981 in order to determine which provisions are successful and which ought to be amended or supplemented. Other sources of South Africa law considered include the National Environmental Management Act 107 of 1998, the Maritime Zones Act 15 of 1994, the Admiralty Jurisdiction and Regulation Act 105 of 1983 as well principles of South African common law. The objectives of this research are to identify all the international and domestic legal instruments that are applicable to offshore platforms, critically evaluate their provisions and propose realistic amendments and instruments that resolve any lacunae or weaknesses that are identified. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2013.

Thesis (doctoral)--Universität, Hamburg. / Description based on print version record. Includes bibliographical references (p. [231]-243).

Univ., Diss.--Hamburg, 2006. / Literaturverz. S. [215] - 225.

Thesis (doctoral)--Universität, Hamburg, 2006. / Includes bibliographical references (p. [215]-225) and index.