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.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:ukzn/oai:http://researchspace.ukzn.ac.za:10413/10894 |
| Date | January 2013 |
| Creators | Blom, Karl. |
| Contributors | Donnelly, Dusty-Lee. |
| Source Sets | South African National ETD Portal |
| Language | en_ZA |
| Detected Language | English |
| Type | Thesis |
Page generated in 0.0023 seconds