Compensation for offshore pollution: ships and platforms

Gaskell, Nick (2013). Compensation for offshore pollution: ships and platforms. In Malcolm Clarke (Ed.), Maritime Law Evolving (pp. 63-93) Oxford, United Kingdom: Hart Publishing.

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Name Description MIMEType Size Downloads
Author Gaskell, Nick
Title of chapter Compensation for offshore pollution: ships and platforms
Title of book Maritime Law Evolving
Place of Publication Oxford, United Kingdom
Publisher Hart Publishing
Publication Year 2013
Sub-type Research book chapter (original research)
Year available 2013
ISBN 9781849463997
Editor Malcolm Clarke
Chapter number 4
Start page 63
End page 93
Total pages 31
Total chapters 11
Collection year 2014
Language eng
Subjects B1
180111 Environmental and Natural Resources Law
Formatted Abstract/Summary
The last 30 years have seen many significant developments in the law and practice relating to marine pollution liabilities. In 1982 the international regime applicable for oil tanker disasters was that agreed following the Torrey Canyon disaster in 1967. In particular, the IOPC Fund Convention 1971 had been in force for four years, and some 13 incidents had been notified to it. Even then, three features about the international system were evident, namely: a tendency to react to maritime disasters; disagreement as to who should pay compensation; and debates over the appropriate levels of limitation of liability...

...In the last three years, attention has been focused on oil spills not from ships, but from offshore platforms and structures. The Deepwater Horizon blow out from the Macondo well in the Gulf of Mexico on 20 April 2010 has received much attention. Less well known is the Montara oil spill from the West Atlas rig off North West Australia on 21 August 2009. These incidents provide the opportunity for a review of how the lessons of the last 30 years concerning pollution from ships can inform the debate about how to provide a satisfactory compensation regime for pollution from offshore oil and gas facilities, including platforms and wells. They also raise questions about the traditional boundaries of maritime law, eg how far it can or should apply to activities at sea not directly involving ships.
Q-Index Code B1
Q-Index Status Confirmed Code
Institutional Status UQ
Additional Notes This chapter is a revised and extended version of a paper originally presented at the International Commercial Law, Litigation and Arbitration Conference, Sydney 2011 and published as ‘Compensation for Offshore Pollution from Ships: Problems and Solutions’ in N Perram and K Lindgren (eds), International Commercial Law, Litigation and Arbitration (Sydney: Ross Parsons Centre for Commercial Corporate and Taxation Law, University of Sydney, 2011).

Document type: Book Chapter
Collections: Official 2014 Collection
TC Beirne School of Law Publications
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Created: Fri, 13 Dec 2013, 11:34:50 EST by Carmen Buttery on behalf of T.C. Beirne School of Law