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A comparative analysis of the civil liability and fund conventions, Tovalop and Cristal, the U.S. Federal Oil Pollution Act and U.S. state legislation, as legal mechanisms regulating compensation for tanker- source oil pollution damage as of February, 1994.Hunt, John Edward Vere. January 1994 (has links)
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.
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