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SUDINI, Luh Putu, Anak Agung Gede RAKA, and Tutut HERAWAN. "Strict Liability Principle Application in the Management of Straits Marine Pollution for International Navigation according to the Indonesia Sea Convention Law." Journal of Environmental Management and Tourism 11, no. 7 (November 30, 2020): 1601. http://dx.doi.org/10.14505//jemt.v11.7(47).01.
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Congested crossings going vessels in the strait used for international navigation such as the Malacca Strait, allowing the serious pollution of the sea water in the strait. How does the application of the principle of strict liability in the management of marine pollution in the Straits used for international navigation under the Convention on Law of the Sea 1982 in Indonesia? This research is a normative law, the main approach in legislation (statute approach), with the source material through the law library research. Indonesia has ratified the Convention on the Law of the Sea 1982 through Law no. 17 In 1985 the Indonesian government should establish laws that regulate a legal product on the management of marine pollution in particular in the straits used for international shipping considering Indonesia as an archipelago crowded waters traversed by large foreign ships in an easy and highly probable do pollution at sea. The application of the principle of strict liability is appropriate and relevant use in marine pollution liability for damages in the Straits used for international shipping as Idi Indonesian waters in the Strait of Malacca and the weapon system of archipelagic sea-groove Indonesia because Indonesia as favorable to the State Island Countries. compensated by the mean absolute responsibility, obligations to pay compensation to the beach arises immediately upon the oil spill in the sea without regard to guilt or innocence tanker or ship traffic in the Strait of Malacca done by using the right of transit passage and responsibility for compensation is associated with a number of limited liability or the ceiling or ceiling system.
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PALERM, JUAN, INESSA RUDENKO, JEAN-LOUIS TEURLAI, TATYANA VASSILEVSKAYA, and JOSEP RENAU. "ENVIRONMENTAL AND SAFETY LEGISLATION FOR THE OFFSHORE OIL AND GAS SECTOR IN KAZAKHSTAN: A CRITICAL REVIEW." Journal of Environmental Assessment Policy and Management 07, no. 04 (December 2005): 705–33. http://dx.doi.org/10.1142/s1464333205002213.
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Kazakhstan has shown an increase in its offshore oil and gas (O&G) prospection and operation activities in the Caspian Sea since 1998, so far with a limited number of operators, but which is about to increase significantly. This is of concern, considering that the environmental and industrial safety regulatory framework is still inadequate for the prevention of pollution from a large number of operators in a very sensitive aquatic ecosystem. This paper reports on the results of a study undertaken for the European Commission Tacis programme aimed at enhancing the environmental and industrial safety regulatory framework in order to align it with EU and international best practice. Based on a comprehensive analysis of applicable international standards and regulations, as well as those of Kazakhstan, ten issues are identified which require urgent attention. These issues are discussed and recommendations made on how to address them in order to improve the regulatory system.
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Zournatzi, Christina. "International Conventions around Liability on Offshore Oil and Gas Operations." European Journal of Comparative Law and Governance 5, no. 4 (December 4, 2018): 378–400. http://dx.doi.org/10.1163/22134514-00504001.
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The diversity of location of many offshore units and the transnational nature of the offshore oil and gas industry have emphasised the increasing need for a close harmonisation of the liability regime between the applicable laws of producing States and what is stated in the International Conventions.Many maintained the need for an international treaty to cover pollution from offshore activities with particular reference to transboundary pollution and, thus, the current uniform liability regime on the subject was established. Offshore oil and gas operations often take place in locations that depend on tourism for a large part of their income, such as the Mediterranean Sea and the Aegean Sea. Sources of law on offshore units in the United Kingdom and Greece are considered, as it is of paramount importance to understand of how national legislations and courts treat offshore units or crafts in the occurrence of an event of an incident.
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Boyle, Alan E. "Marine Pollution under the Law of the Sea Convention." American Journal of International Law 79, no. 2 (April 1985): 347–72. http://dx.doi.org/10.2307/2201706.
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It is now 30 years since the conclusion of the International Convention for the Prevention of Pollution of the Sea by Oil marked the international community’s first serious attempt to cope with the increasing scale of marine pollution. Since then, pollution of the seas by oil, chemicals, nuclear waste and the effluent of urban industrial society has continued to grow and to cause ever more serious damage to the living resources and ecology of the marine environment and to the shores of coastal states. The control, reduction and elimination of marine pollution has become one of the major issues in the contemporary law of the sea and it has proved to be a complex task, requiring the creation of a new and growing body of international law. This process, though in certain respects still incomplete, has reached its potentially most significant stage of codification and development through the provisions of the Law of the Sea Convention of 1982.
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Kristiani Purwendah, Elly. "PROTECTION OF THE SEA REGION FROM OIL POLLUTION BY TANKER SHIP." Jurnal Komunikasi Hukum (JKH) 6, no. 1 (February 15, 2020): 135. http://dx.doi.org/10.23887/jkh.v6i1.23465.
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In the context of national law, Law Number 32 Year 2009 concerning Environmental Protection and Management (UUPPLH) provides an understanding of the environment as a unitary space with all objects, forces, and living things, including humans and their behavior, which affect nature itself, continuity of life, and the welfare of humans and other living things. Environmental protection has general principles, namely: Sovereignty over natural resources and the responsibility not to cause damage to the environment of other states or areas beyond national jurisdiction; Principle of preventive action; Cooperation; Sustainable development. Specifically the mandate of the 1945 Constitution is spelled out in the weighing section of Law Number 32 of 2009 concerning Protection of Environmental Management (UUPPLH) which states that a good and healthy environment is the human right of every Indonesian citizen as mandated in Article 28H of the Law 1945 Constitution of the Republic of Indonesia. This law states that environmental protection and management are systematic and integrated efforts undertaken to preserve environmental functions and prevent environmental pollution and / or damage which includes planning, utilization, control, maintenance, supervision and law enforcement.
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Baokang, Pu. "PROGRESS IN COMBATING OIL POLLUTION IN CHINA SINCE 19901." International Oil Spill Conference Proceedings 1997, no. 1 (April 1, 1997): 891–94. http://dx.doi.org/10.7901/2169-3358-1997-1-891.
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ABSTRACT China has made remarkable progress in oil pollution prevention and control during the past 20 years; most of these advances are summarized in a paper in the proceedings of the 1989 Oil Spill Conference. This paper introduces achievements in the same areas 5 years since that conference. It covers legislation and its implementation; equipment, materials, and methods of usage with some national characteristics; scientific studies carried out in various institutes and colleges; monitoring of oil spills on land, in ports, and at sea by the local National Environment Protection Agent (????), the Harbor Superin-tendency Administration (HSA), and the National Oceanographic Bureau (NOB), respectively; education, training, and information services; and international activities, including Chinese delegates performance dealing with Annex I: Prevention of Pollution by Oil of the International Convention for the Prevention of Pollution from Ships (1973) as modified by the Protocol of 1978 relating thereto (MARPOL 73/78) of IMO. China must keep a balance between economic growth and pollution prevalency, a challenge compounded by a shortage of financial support.
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Ryan, P. Bernard, and Derek J. S. "OIL POLLUTION CONTROL AND SPILL RESPONSE CAPABILITY IN THE ROPME SEA AREA." International Oil Spill Conference Proceedings 1987, no. 1 (April 1, 1987): 9–13. http://dx.doi.org/10.7901/2169-3358-1987-1-9.
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ABSTRACT The ROPME sea area as defined in this paper is the scene of some of the world's most intensive offshore oil exploration and production and the associated crude oil refining and tanker terminaling for oil exportation. The potential for oil pollution in the area is high, with its confined nature making it especially vulnerable to the effects of oil pollution. Awareness of this problem is well developed in the region in both government and industry, and good progress has been made in recent years toward preparing for the big oil spill which has so far not materialized, but which most experts consider inevitable at some time. Two distinct groups share the concern for oil pollution. The oil industry has well over 40 companies active in the area in some way. Many of these have a 15 year history of cooperation in oil spill response and continue to play a full role in protecting the environment from the adverse effects of oil pollution. More recently, nations bordering the area have taken an active interest in the problem and have demonstrated an impressive record of commitment and action over the past five or six years. While government and industry have maintained their separate identities, a good working relationship exists between them, and there is good information exchange and practical cooperation between the two groups, most especially at the national level. Future years should see this trend develop even further. A very impressive arsenal of oil pollution response equipment has been built up in the sea area since two major oil spill incidents in 1980. What is especially noticeable now is the proportion of this equipment that is owned and operated directly by the government agencies. This stands in marked contrast to the situation in 1980. In addition to the equipment resources available, the pool of personnel trained in oil spill response technology and methods is rapidly expanding as a result of seminars, workshops, and training courses that are being organized on a regular basis. The development of national and regional legislation to control the main sources of man-made pollution, for example, from tanker operations and offshore exploration and production, is in a very active stage and the oil industry is expected to have clear operational guidelines within the next few years.
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Yuan, Paul C. "China's sovereignty over its offshore oil and the new Law of the Sea." Energy 10, no. 3-4 (March 1985): 525–32. http://dx.doi.org/10.1016/0360-5442(85)90067-2.
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Li, Yingying. "Evolution and issues of marine pollution law in China: From 1970s to 2018." International Journal of Legal Discourse 3, no. 2 (December 19, 2018): 287–310. http://dx.doi.org/10.1515/ijld-2018-2012.
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Abstract What’s responsibility Sanchi oil tanker should take under Chinese law? Under the initiative of the belt and one road, especially Maritime Silk Road, China Maritime Court has extended jurisdiction to cover all cases arising from seawater since 2016, which means that China Maritime Court has criminal and administrative jurisdiction in maritime affairs besides civil jurisdiction in the near future. The compound mode of jurisdiction is one of the most important steps in the judicial reform of China. This development will affect maritime legislation deeply, especially marine pollution law. China has made the great improvement in marine pollution legislation in the past forty-five years. However, due to the old administrative pattern of land-based strategy, “from many doors” becomes the difficult pyridoxine for practice; Chinese governments used to depending on the special regulations instead of Ocean Basic Law to regulate marine pollution act, there is no global law to regulate marine pollution act up to now. Based on the results of marine pollution cases judged or solved by the China Maritime Court, marine polluter only needs to pay economic damages and there is no criminal liability. For solving practical matters more efficiently and thoroughly, and for protecting the marine environment more globally, we’d better adjust administrative management pattern, make Ocean Basic Law, and set multiple liabilities for marine polluter and unify marine pollution legislation.
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Xu, Jingjing. "The law and economics of pollution damage arising from carriage of oil by sea." Maritime Policy & Management 36, no. 4 (August 2009): 309–23. http://dx.doi.org/10.1080/03088830903056942.
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Baokang, Pu. "COMBATING OIL POLLUTION IN CHINA1." International Oil Spill Conference Proceedings 1989, no. 1 (February 1, 1989): 197–99. http://dx.doi.org/10.7901/2169-3358-1989-1-197.
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ABSTRACT China is accelerating its economic growth now, but prevention of pollution also has been put on the priority agenda of the government and has become a basic policy of the country. The first National Environmental Protection Law (for trial implementation) was adopted in 1979. Since then, more than five national laws and regulations relating to the prevention of marine pollution, as well as other laws for the prevention of air and land pollution have been approved. The focus of this paper is on the marine pollution situation which China is facing, the problems China is dealing with, and the difficulties remaining. Regulations for the prevention of oil pollution have been published in The Regulations Concerning The Prevention Of Pollution Of Sea Areas By Vessels Of The People's Republic Of China, based on those of The International Convention For The Prevention Of Pollution From Ships, 1973, As Modified By The Protocol Of 1978 Relating Thereto (MARPOL 73/78). The pollution control organization from national to regional levels, their activities and achievements, difficulties in implementation of both national and international regulations, and the technical assistance available from international bodies, such as the International Maritime Organization (IMO), United Nations Development Program (UNDP) and foreign countries such as Norway and Sweden are introduced.
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Costa, Beatriz Souza, and Luiz Gustavo Gonçalves Ribeiro. "BALLAST WATER AND BIOINVASION: BRAZILIAN LEGISLATION AND THE PROTECTION OF MARINE ENVIRONMENTAL RISKS." Veredas do Direito: Direito Ambiental e Desenvolvimento Sustentável 13, no. 25 (May 10, 2016): 45–67. http://dx.doi.org/10.18623/rvd.v13i25.644.
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This article analyzes the use of water as ballast to balance the vessels, as well as the existing legislation in the country that protects, monitors and punishes those who are responsible for illegal shedding in national jurisdiction waters. That is important, considering ballast water has become a national and international risk with serious consequences such as bioinvasion. It was discovered that ballast water has become one of the fastest forms of marine pollution because it acts quietly. In an attempt to avoid environmental and economic losses, several conventions and international treaties were agreed between countries such as the United Nations Convention on the Law of the Sea, 1982, adopted in Montego Bay. At the national level, Brazil has important institutions for marine environmental protection such as ANVISA, the National Health Surveillance Agency; ANTAQ, National Agency of Waterborne Transport and broad legislation such as Law (6938/81), the National Environmental Policy; the Criminal Environmental Law (9.605/98) and, specifically, NORMAM 20, issued by the Brazilian Navy’s Directorate of Ports and Coasts, which states that every ship to moor at national ports must prove the exchange of ballast water at sea. The research used the legal and theoretical methodology, deductive reasoning and literature from technical and government sites. The results show that Brazil has a concern over the issue and the national legislation proves the effort to prevent marine pollution. However, research in the field is necessary so that invading organisms are discovered prior to the pollution. In addition to that, legislation and supervision must be improved.
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Hutchinson, Judith, and Mark Simmonds. "Escalation of threats to marine turtles." Oryx 26, no. 2 (April 1992): 95–102. http://dx.doi.org/10.1017/s0030605300023401.
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Many, if not all, marine turtle populations world-wide have become seriously depleted by the impact of numerous factors over the years. Populations of marine turtles are now classified as endangered or threatened. National and international legislation designed to protect sea turtles has been unsuccessful and, despite evergrowing interest, there is disturbing evidence of new and increasingly important threats: increased incidence of disease; oil and organochlorine contamination and marine ‘macro-pollution’.
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Vidas, Davor. "The UN Convention on the Law of the Sea, the European Union and the Rule of Law: What is going on in the Adriatic Sea?" International Journal of Marine and Coastal Law 24, no. 1 (2009): 1–66. http://dx.doi.org/10.1163/157180808x353902.
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AbstractIn October 2003, Croatia declared an “Ecological and Fisheries Protection Zone” in the Adriatic Sea. However, in June 2004 Croatia decided to delay the implementation of that Zone for the European Union (EU) Member States. Then, in December 2006 it decided to implement the Zone fully from 1 January 2008—only to discontinue its application to EU countries from 15 March 2008. The developments and underlying reasons for the changing jurisdictional picture in the Adriatic Sea are the subject of this article. Key Adriatic Sea features, trends in uses of its living resources and maritime space, and resource conservation and marine pollution concerns are presented. Developments leading to recent national legislation and positions on maritime jurisdiction by Croatia as well as Italy and Slovenia are discussed. These regulations, positions and developments are assessed from the perspective of the law of the sea. Relevant policy perspectives, including aspects of EU membership, are included.
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Lagring, Ruth, Steven Degraer, Géraldine de Montpellier, Thierry Jacques, Ward Van Roy, and Ronny Schallier. "Twenty years of Belgian North Sea aerial surveillance: A quantitative analysis of results confirms effectiveness of international oil pollution legislation." Marine Pollution Bulletin 64, no. 3 (March 2012): 644–52. http://dx.doi.org/10.1016/j.marpolbul.2011.11.029.
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Blanco-Bazán, Agustín. "Specific Regulations for Shipping and Environmental Protection in the Arctic: The Work of the International Maritime Organization." International Journal of Marine and Coastal Law 24, no. 2 (2009): 381–86. http://dx.doi.org/10.1163/157180809x421734.
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AbstractThis article reviews the work of the International Maritime Organization (IMO) with regard to the adoption of international rules on safety of navigation and prevention of marine pollution. The recommendatory IMO Guidelines for Ships Operating in Arctic Ice-Covered Waters are discussed. The relationship between coastal State legislation under Article 234 of the UN Convention on the Law of the Sea and the main IMO safety and anti-pollution treaties is analyzed. It concludes that the former should neither contradict nor overlap with the latter.
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Stewart, R. Jamie, Gareth Johnson, Niklas Heinemann, Mark Wilkinson, and R. Stuart Haszeldine. "Low carbon oil production: Enhanced oil recovery with CO2 from North Sea residual oil zones." International Journal of Greenhouse Gas Control 75 (August 2018): 235–42. http://dx.doi.org/10.1016/j.ijggc.2018.06.009.
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Nunziata, Ferdinando, Andrea Buono, and Maurizio Migliaccio. "COSMO–SkyMed Synthetic Aperture Radar Data to Observe the Deepwater Horizon Oil Spill." Sustainability 10, no. 10 (October 10, 2018): 3599. http://dx.doi.org/10.3390/su10103599.
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Oil spills are adverse events that may be very harmful to ecosystems and the food chain. In particular, large sea oil spills are very dramatic occurrences that may affect sea and coastal areas. Hence, the sustainability of oil rig infrastructures and oil transportation via oil tankers is linked to law enforcement based on proper monitoring techniques, which are also fundamental to mitigate the impact of such pollution. In this study, a showcase referring to the Deepwater Horizon (DWH) oil incident, one of the world’s largest incidental oil pollution event that occurred in the Gulf of Mexico in 2010 affecting a sea area larger than 10,000 km 2 , is analyzed using remotely-sensed information collected by Synthetic Aperture Radar (SAR). Although, operationally, SAR sea oil slick observation is typically accomplished using C-band VV-polarized SAR imagery, during the DWH oil incident, because of their very dense revisit time, even single-polarization X-band COSMO-SkyMed (CSK) SAR measurements were collected. In this study, we exploit, for the first time, incoherent dual co-polarization SAR data collected by the Italian CSK X-band SAR constellation showing the key benefits of HH-VV SAR measurements in observing such a huge oil pollution event, especially in terms of the very dense revisit time offered by the CSK constellation.
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Chen, Cindy, and Mike Hicks. "The Chinese Marine Environmental Protection Law." International Oil Spill Conference Proceedings 1999, no. 1 (March 1, 1999): 721–23. http://dx.doi.org/10.7901/2169-3358-1999-1-721.
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ABSTRACT The concept of marine environmental protection and its development was introduced to the People's Republic of China in the 1980s. This followed the enactment of the Environmental Protection Law (1979, 1989), a revision to the Constitution, and the adoption of international environmental laws. The Chinese Marine Environmental Protection Law (MEPL) was promulgated in 1983 after China signed the 1982 U.N. Convention on the Law of the Sea. Both national environmental laws and various international conventions and agreements influenced the MEPL. For example, the MEPL closely follows provisions outlined by the International Convention for the Prevention of Pollution from Ships (MARPOL) and other international treaties. China has concerns about marine pollution not only within its own territory but outside its jurisdiction as well. Thus, the MEPL explicitly states that the provisions of the law apply to areas beyond China's territorial sea. As provided by the MEPL, China has the right to assert jurisdiction over foreign vessels beyond its territorial sea when they engage in activities that cause pollution to China's environment. However, questions arise as to China's coastal state jurisdiction. China's view on sovereignty is a controversial issue, and it is unclear whether the MEPL can be invoked to confer liability in waters outside of China's jurisdiction. Despite uncertainty over the jurisdiction issue, the MEPL is a significant and comprehensive law for marine protection. It regulates five major sources of marine pollution: coastal construction projects, off-shore oil exploration and exploitation, land-source pollutants, vessel pollution, and the dumping of wastes at sea. The purpose of this paper is to provide a brief comparison of the MEPL and relevant international laws and an understanding of critical issues covered by the MEPL.
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Hazelton, Robert H., Robert M. Sargent, Erich R. Gundlach, Mohamed Anis Boussetta, Ahmed Ben Djebara, and Sahbene Ben Fadhel. "PREVENTION AND ABATEMENT OF MARINE POLLUTION IN TUNISIAN COMMERCIAL PORTS." International Oil Spill Conference Proceedings 2001, no. 2 (March 1, 2001): 1449–54. http://dx.doi.org/10.7901/2169-3358-2001-2-1449.
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ABSTRACT In addition to having ports that ship and receive oil and other commercial products by sea, the Republic of Tunisia is exposed to potential spills from vessels that are routed close to shore as they transit the Mediterranean. This paper summarizes a study that was conducted to evaluate Tunisia's commercial ports' oil spill contingency plans, response equipment, and response management systems, for the purposes of increasing the spill response capability of the Tunisian Office of the Merchant Marine and Ports (OMMP) and bringing each plan up to criteria established by Tunisia's 1996 oil spill legislation and international standards. The four ports evaluated were Bizerte, Tunis-Goulette-Radès (TGR), Sfax, and Zarzis. Interviews and discussions were conducted with representatives of the OMMP, the Agency for Environmental Protection (ANPE), the Tunisian Petroleum Activities Enterprise (ETAP), the Tunisian Navy and Merchant Marine, the Directorate General of Energy, the state-owned oil transportation company (TRAPSA), and selected private sector oil companies. The equipment review entailed analysis of existing equipment in each port, potential spill size and location, time to respond, and environmentally sensitive areas needing protection. Specific recommendations were made for improving the readiness posture of Tunisia's commercial ports and for the purchase of additional spill-response equipment and services. Implementation of these recommendations will result in a significantly improved capability on the part of the private and public sector users of Tunisia's commercial ports to respond effectively to marine oil spills, should one occur. This paper highlights the readiness capability of each port and the extent of oil transportation activities, and provides recommendations to improve response via equipment purchases, improvement of the existing response management system, implementation of a training and exercise program, and changes to the port contingency plans.
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Oude Elferink, Alex G. "The Arctic Sunrise Incident: A Multi-faceted Law of the Sea Case with a Human Rights Dimension." International Journal of Marine and Coastal Law 29, no. 2 (June 9, 2014): 244–89. http://dx.doi.org/10.1163/15718085-12341318.
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On 18 September 2013, the crew of the Greenpeace vessel Arctic Sunrise tried to access the Prirazlomnaya oil rig, which was operating within the Russian Federation’s exclusive economic zone in the Arctic. The following day the Russian authorities boarded and arrested the Arctic Sunrise and detained its crew and charged them with various offenses. The flag state of the vessel, the Netherlands, started an arbitral procedure against the Russian Federation. The present article looks at the issues of international law raised by the arrest of the Arctic Sunrise—which both concern the law of the sea and human rights law—and the arbitration initiated by the Netherlands. Human rights law is essential for assessing the kind of measures a coastal state may take in enforcing its legislation based on the law of the sea in its exclusive economic zone. Providing sufficient room for the freedom of expression may limit the scope of action that might otherwise exist.
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Blanco, Elena Merino, and Ben Pontin. "Litigating Extraterritorial Nuisances under English Common Law and UK Statute." Transnational Environmental Law 6, no. 2 (December 20, 2016): 285–308. http://dx.doi.org/10.1017/s2047102516000303.
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AbstractEnglish common law and United Kingdom legislation provide various – overall liberal – jurisdictional grounds for hearing foreign tort claims. The article examines these grounds with reference to recent and ongoing oil pollution nuisance litigation involving Royal Dutch Shell Plc and its Nigerian subsidiary operating in the Niger Delta. Particular attention is given to the factors taken into account by the court in exercising its discretion to allow service out of the jurisdiction in cases of pollution taking place abroad under the principle offorum non conveniens. Following the widely commented decision of the United States Supreme Court inKiobelv.Royal Dutch Petroleum Corporation, which ruled against the extraterritorial application of the Alien Tort Statute, it is easy to forget that the rules of jurisdiction vary from country to country and that different legal systems apply similar concepts in often radically different ways. Attention is also given to the future development of English jurisdictional law and practice in the context of environmental nuisance.
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Law, R. J., and J. A. Campbell. "The Effects of Oil and Chemical Spillages at Sea." Water and Environment Journal 12, no. 4 (August 1998): 245–49. http://dx.doi.org/10.1111/j.1747-6593.1998.tb00179.x.
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Caddell, Richard. "Regulating the Whale Wars: Freedom of Protest, Navigational Safety and the Law of the Sea in the Polar Regions." Yearbook of Polar Law Online 6, no. 1 (March 11, 2014): 497–544. http://dx.doi.org/10.1163/1876-8814_018.
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In recent years, strong concerns have been raised over the increasing numbers of disorderly protests and aggressive activism at sea. Maritime protests raise difficult – and understudied – legal questions concerning the boundaries between the legitimate application of rights of freedom of speech and assembly on the one hand, and the need to ensure safety of navigation on the other. This article examines the legal arguments in favour of maritime protest as well as national responses to it, in the context of two Polar case studies. Firstly, this article appraises the confrontational activism of the Sea Shepherd Conservation Society in its anti-whaling campaign in Antarctica, and the problematic application of anti-piracy legislation to more aggressive campaign groups. Secondly, this article examines the position in relation to oil platforms, as exemplified by the Prirazlomnaya dispute in the Arctic, as well as controversial developments in Antarctic jurisdictions. In so doing, this article argues that the protection accorded to direct action protests at sea is considerably more limited than many campaign groups might appreciate.
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Krymskay, K. V. "Establishing safety zones around fixed structures at sea on continental shelf (legal issues)." Journal of Law and Administration 15, no. 2 (October 10, 2019): 52–59. http://dx.doi.org/10.24833/2073-8420-2019-2-51-52-59.
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Introduction. Although there have been multiple studies done by both Russian and foreign specialist, one of the most poorly studied international law problems deals with interpretation and application of rules on safety of artificial islands, installations and structures. These measures encompass the coastal state’s right to enact legislation ensuring safety and security of these structures at sea.For the past ten years states have been outlining the need for review of the breadth of the safety zones around offshore installations, first and foremost, around installations and structures used for exploration and exploitation of hydrocarbon resources on the continental shelf. It’s of great importance to protect these structures, in particular from collision with ships, and to prevent accidents. The main reason behind this initiative is the increasing number of accidents on offshore oil rigs.Materials and methods. The basis for this research comprises the international treaties which set forth the regime of safety zones at sea. The materials for this paper are also commentaries of the UN Convention on the Law of the Sea 1982, as well as relevant instruments adopted by IMO, related papers from all three UN conferences on the Law of the Sea, documents issued by the International Law Commission, and the IMO Sub-committee on safety of navigation. The methodological basis of present research consists of such traditional methods as general scientific and specific methods.The results of the study. The author of this paper proves the need for elaboration of more thorough international legal regime of safety zones at sea, since it is one the most principal means to ensure safety and security of offshore structures. Among the reasons is the ambiguous practice of coastal states, based on various approaches taken on the issue of safety zone’s breadth.Discussion and conclusion. The article contains thorough analysis of the international legal regime of safety zones, outlining its flaws. Conducted research emphasizes both positive and negative aspects of applicable national legislation, as well as unravels legal norms different from those enshrined in modern international law.
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Pharand, Donat. "La contribution du Canada au développement du droit international pour la protection du milieu marin : Le cas spécial de l’Arctique." Études internationales 11, no. 3 (April 12, 2005): 441–66. http://dx.doi.org/10.7202/701074ar.
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Immediately after the adoption of its Arctic Pollution Prevention Act in 1970, Canada embarked on intense diplomatic efforts in a number of international for a to obtain recognition of international law principles which would serve as a basis for its legislation. These efforts were pursued mainly in three international conferences : the Stockholm Conference on the Human Environment of 1972, the London Conference of the International Maritime Consultative Organization on the prevention of pollution by ships in 1973 and the United Nations Third Law of the Sea Conference which began in 1974 at Caracas. At the 1975 session of that Conference, held in Geneva, a form of Artic clause was inserted in the first Negotiating Text and it provided that coastal States could adopt special protective measures in special areas within their exclusive economic zone, where exceptional hazards to navigation prevailed and marine pollution could cause irreversible disturbance of the ecological balance. In 1976, the provision was enlarged to enable coastal States themselves to enforce such protectives measures, instead of leaving the enforcement to the flag State, and the provision has been kept without change in all the subsequent negotiating texts of 1977, 1979 and 1980. Considering the wide consensus which this provision has received, particularly on the part of other Arctic States, it may now be regarded as part of customary international law and completely validates Canada's arctic legislation.
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Hobbie, Richard, and Andrew J. Garger. "OIL SPILLS AND CRIMINAL SANCTIONS: AN INSURER'S PERSPECTIVE." International Oil Spill Conference Proceedings 2001, no. 2 (March 1, 2001): 825–28. http://dx.doi.org/10.7901/2169-3358-2001-2-825.
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ABSTRACT Criminal sanctions are an acceptable deterrent used to combat deliberate dumping of oil and other intentional environmental misconduct. Since insuring against intentional criminal acts is against public policy, pollution insurers have not provided coverage. The growing use of strict liability and negligence statutes by the Department of Justice (DOJ) and other law enforcement agencies, and the corresponding lower culpability level necessary for criminal liability, however, have resulted in insurance coverage being developed for certain criminal liabilities. New issues are now facing the responsible party (RP) and its insurer as a result of this increased use of criminal sanctions. When a spill occurs, the vessel operator, management, and crew need to be aware that they may be a target of a criminal investigation. They may need to assert their Fifth Amendment right against self-incrimination. Assertion of Fifth Amendment rights, however, could hinder a cleanup response and also could be considered “lack of cooperation with responsible officials,” which could result in a breach of a vessel's liability limits under the Oil Pollution Act of 1990 (OPA 90). The cost of providing a defense also may become an issue. It may be necessary to appoint several attorneys to represent divergent vessel and crew interests. The Certificate of Financial Responsibility system under OPA 90 also may be jeopardized by the prosecution of criminal liabilities for environmental crimes by the DOJ. Under OPA 90, a guarantor/insurer has certain defenses to claims arising from a spill, including the willful misconduct of the insured. Willful misconduct established by a criminal prosecution may allow an insurer to recover from the Oil Spill Liability Trust Fund (OSLTF). Some of the inequities in the use of criminal sanctions against RPs eventually may be addressed by legislation. Unless there is legislation that results in major changes, however, the use of criminal sanctions must be considered by a RP and its insurer when planning oil spill response strategies and responding to a spill. This paper will examine the issues involved.
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Lotilla, Raphael Perpetuo M. "The Efficacy of the Anti-Pollution Legislation Provisions of the 1982 Law of the Sea Convention: A View From South East Asia." International and Comparative Law Quarterly 41, no. 1 (January 1992): 137–51. http://dx.doi.org/10.1093/iclqaj/41.1.137.
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Christodoulou, Anastasia, Dimitrios Dalaklis, Henrik Nilsson, Jennie Larsson, and Anne Pazaver. "Enhancing Oil Spill Response Capacities in the South Baltic Sea Region via Cross-Border Utilization of Biodegradable Oil Binders." Maritime Technology and Research 2, no. 4 (April 29, 2020): Manuscript. http://dx.doi.org/10.33175/mtr.2020.238164.
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Occurrences of oil spills are responsible for very significant environmental degradation; they are more likely to happen in areas with dense shipping traffic, or in close vicinity of transport pipelines and/or other infrastructures used for production and processing purposes. Without international cooperation, individual countries often lack sufficient resources and assets to successfully respond to large-scale oil spill incidents. This can be related to the vast quantities of oil involved in those incidents or the lack of necessary special equipment for dealing with the tasks at hand by the country under the need to respond. For successful resolution of oil spill incidents, close and effective international cooperation -especially between neighboring countries that usually “share the burden” of oil pollution- is a vital necessity. On this basis, the South Baltic Oil (SBOIL) project aims to strengthen the existing oil spill response capacities in the South Baltic region, introducing a cross-border spill response tool based on the new ‘green technology’ of biodegradable oil binders (BioBinders).
In order for this new concept to be implemented, it is necessary to examine the international and national regulations and guidelines with reference to sorbent use and exchange of oil spill equipment in the area of interest and also analyze the national oil spill contingency plans of the different countries involved in the project. After investigating the legal requirements for the utilization of BioBinders in the South Baltic region, the analysis at hand presents the outcomes of a Table Top Exercise that was based on a realistic oil spill scenario in the wider region. This Exercise tested the compatibility of International/National/Regional plans regarding the use of the BioBinders and examined the topics of recovery and waste management, including alternative techniques available for oil spill response. Results point towards the direction that the use of the BioBinders is promising and represents a response option to improve the existing oil spill response capacities in the South Baltic region; the main challenge lies with the difficulty in dealing with waste management, mainly because of the current legislation in place within the participating countries.
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Guruswami, Lkshman. "Intentional Oil Pollution at Sea. By Ronald B. Mitchell. Cambridge MA: MIT Press,1994.. Pp.xii,346.Index. $36.50." American Journal of International Law 91, no. 1 (January 1997): 207–10. http://dx.doi.org/10.2307/2954170.
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Baszanowska, Emilia, and Zbigniew Otremba. "Seawater Fluorescence Near Oil Occurrence." Sustainability 12, no. 10 (May 15, 2020): 4049. http://dx.doi.org/10.3390/su12104049.
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Petroleum and its related products pose a serious pollution risk to the world’s seas and require a simple, rapid detection method. This is a difficult task if the pollution is under the water surface. One common approach to oil detection is excitation-emission spectroscopy (EEMs) of seawater exposed to oil for analyzing the fluorometric index (FIo/w) as a potential indicator of oil presence in the marine environment. In this paper, FIo/w was determined for both natural seawater and samples of the same water, but exposed to a relatively small portion of oil. The water samples were collected from the coastal and port waters of the Gdynia region (Southern Baltic Sea) from five stations, four times at two-week intervals. FIo/w indicates the changes between seawater sampled from the marine environment and the same seawater polluted with oil substances. Moreover, the obtained FIo/w values do not depend on the point and time of sampling. In all cases of seawater exposed to oil, significantly higher FIo/w values were observed than for unpolluted seawater. Moreover, the detection of oil by analyzing the value of FIo/w is efficient if the oil-to-water weight ratio is close to or above 5 × 10−6.
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Deissenberg, Christophe, Vladimir Gurman, Elena Ryumina, and Anatoly Tsirlin. "An empirically tractable model of optimal oil spills prevention in Russian sea harbours." International Journal of Environment and Pollution 15, no. 3 (2001): 301. http://dx.doi.org/10.1504/ijep.2001.005189.
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Mendonça Candido Pereira, Alana. "O PROBLEMA DA POLUIÇÃO POR ÓLEO ORIUNDO DE NAVIOS NAS ÁGUAS DE JURISDIÇÃO NACIONAL: COMPREENSÃO DAS CAUSAS-RAIZ DOS ACIDENTES QUE PROVOCAM DERRAMAMENTO DE PETRÓLEO NO MAR." Revista Científica Semana Acadêmica 9, no. 209 (September 16, 2021): 1–34. http://dx.doi.org/10.35265/2236-6717-209-9161.
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The present study has as a research theme the pollution of the national maritime waters caused by the operations of extraction, storage and transport of oil and its derivatives. Its general objective is to analyze how the understanding of the causes of pollution arising from the extraction, storage and transportation of oil and its derivatives helps to reduce the contamination of the Brazilian maritime waters, thus contributing to the improvement of the quality of these waters. It is the result of a bibliographical research based on the works of Eliane M. Octaviano Martins 2007 and 2009. Thus, the first chapter showed that accidents with oil spills are considered to be more harmful to the environment compared to other types of pollution in the sea. In addition, human error was highlighted as the most important error in maritime accidents and was related to the poor training of the professionals involved in the operation. The study facilitates understanding of the major flaws in the prevention of marine pollution from oil spills and shows the importance of risk management. It addresses the Brazilian position regarding international maritime safety standards and prevention of the marine environment. It evidences the importance of controlling the damage caused by an oil spill accident through efficient response in a timely manner to the distress. It exposes the condition of Brazil in the IMO, some Brazilian legislation and IMO codes and conventions. It shows how many standards are developed for the purpose of responding to major accidents both nationally and internationally. It demonstrates the harm caused by the lack of speed in enacting laws and enforcing standards. It presents some unilateral measures, some regional agreements and their effects. The overall goal is achieved through specific objectives. The paper concludes that oil production has sufficient economic and social relevance to assume its risks and that prevention of pollution is the best way to improve the quality of the Brazilian marine environment.
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Li, Yu, Yuanzhi Zhang, Zifeng Yuan, Huaqiu Guo, Hongyuan Pan, and Jingjing Guo. "Marine Oil Spill Detection Based on the Comprehensive Use of Polarimetric SAR Data." Sustainability 10, no. 12 (November 26, 2018): 4408. http://dx.doi.org/10.3390/su10124408.
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As a major marine pollution source, oil spills largely threaten the sustainability of the coastal environment. Polarimetric synthetic aperture radar remote sensing has become a promising approach for marine oil spill detection since it could effectively separate crude oil and biogenic look-alikes. However, on the sea surface, the signal to noise ratio of Synthetic Aperture Radar (SAR) backscatter is usually low, especially for cross-polarized channels. In practice, it is necessary to combine the refined detail of slick-sea boundary derived from the co-polarized channel and the highly accurate crude slick/look-alike classification result obtained based on the polarimetric information. In this paper, the architecture for oil spill detection based on polarimetric SAR is proposed and analyzed. The performance of different polarimetric SAR filters for oil spill classification are compared. Polarimetric SAR features are extracted and taken as the input of Staked Auto Encoder (SAE) to achieve high accurate classification between crude oil, biogenic slicks, and clean sea surface. A post-processing method is proposed to combine the classification result derived from SAE and the refined boundary derived from VV channel power image based on special density thresholding (SDT). Experiments were conducted on spaceborne fully polarimetric SAR images where both crude oil and biogenic slicks were presented on the sea surface.
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Ball, Simon. "Liabilities of industry stakeholders for pollution caused in Australian waters." APPEA Journal 51, no. 2 (2011): 719. http://dx.doi.org/10.1071/aj10099.
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There is no doubt that the recent Montara and Deepwater Horizon oil spills were catastrophic; the clean up continues and litigation is likely to drag on for several years. Who is held liable for the cost and clean up of an oil pollution event? Are these spills likely to change the field—if so, in what ways? Will the present contracting and insurance practices of Australian industry players be sufficient to protect them in the future? Offshore petroleum and gas production activities are covered by a range of sometimes confusing international, federal and state or territory laws. Operators, directors, contractors, financiers, co-venturers and other stakeholders may all have legal responsibilities in relation to pollution and other environmental impacts of offshore exploration and production activities. The Montara Commission of Inquiry has not yet been released, but the 2009 Productivity Commission Report has already focused attention on these issues. With reference to contracting practices in the Australian offshore petroleum and gas production industry—in particular indemnities and provisions purporting to limit or exclude liability—this paper outlines the potential extent of stakeholders’ liabilities under relevant international conventions, federal and state or territory legislation, and the common law. It considers the effect of anticipated changes to the operating environment in Australia and lessons to be learned after Montara. This paper will be of interest to any prudent investors, operators or others involved in the industry.
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Rusu, Liliana. "APPLICATION OF NUMERICAL MODELS TO EVALUATE OIL SPILLS PROPAGATION IN THE COASTAL ENVIRONMENT OF THE BLACK SEA." JOURNAL OF ENVIRONMENTAL ENGINEERING AND LANDSCAPE MANAGEMENT 18, no. 4 (December 31, 2010): 288–95. http://dx.doi.org/10.3846/jeelm.2010.33.
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The last decades continuously increasing of the economical activities in the coastal environment of the Black Sea is obviously leading to the enhancement of the pollution risks due to accidental oil spillages. Starting from the fact that most accidents were generated by an inadequate forecast of the wave conditions, the aim of the present work is to develop a methodology based on spectral phase–averaging wave models able to predict the wave propagation in the coastal environment. The wave induced currents that may be a key factor in driving the pollution are also assessed. This implies both the Stokes drift and the wave induced nearshore currents. The surface streaming effect due to the molecular viscosity was also accounted for. In the nearshore, close to the surf zone, the pollution is usually spread along the coast due to the longshore currents. In this connection, the results of a simple but effective model system called ISSM are also presented. As an alternative simulations with the SHORECIRC model system are also performed. Finally, as a case study, the propagation of the pollution towards the Romanian coast generated by a hypothetic accident at the Gloria drilling platform was assessed. Santrauka Per pastaruosius dešimtmečius pletojant pramone Juodosios jūros priekrantes zonoje, del atsitiktiniu naftos išsiliejimu padidejo taršos rizika. Viena iš priežasčiu, del kuriu ivyksta tokios avarijos, yra netikslios bangu būkles prognozes. Darbo tikslas – remiantis spektriniu fazes vidurkiu apskaičiavimu modeliais, sukurti metodologija, kuri leistu numatyti bangu sklidima priekrantes zonoje. Taip pat ivertinamos bangos sukeltos sroves. Jos gali būti vienas iš pagrindiniu veiksniu, turinčiu itakos teršalu sklidimui jūroje. I skaičiavimus itraukiama Stokso tekme bei bangos sukeltos pakrantes sroves, išreiškiamas paviršiaus sroviu efektas pagal molekuline klampa. Del ilguju pakrantes sroviu prie kranto iš arčiau pavir‐šiaus zonos esančio šaltinio tarša dažniausiai sklinda palei pakrante, todel rezultatai pristatomi taikant modeliavimo siste‐mas ISSM ir SHORECIRC. Modeliuojant remtasi studija, kurioje vertinamas taršos sklidimas ties Rumunijos pakrante del spejamai ivykusios avarijos Glorijos grežinio platformoje. Резюме Постоянно увеличивающаяся в последние десятилетия экономическая активность в прибрежной зоне Чѐрного моря ведѐт к бóльшему риску загрязнения из-за случайных разливов нефти. В связи с тем, что большая часть случаев разлива была связана с неадекватным прогнозом волнения, целью настоящей работы было разработать методологию, основанную на спектральных моделях волнения с усреднением фазы, способную предсказывать распространение волн в прибрежной зоне. Было оценено также течение, вызванное волнением, которое может стать решающим фактором в распространении загрязнения. Оно включает в себя стоксово дрейфовое течение и прибрежное течение. Учтено также поверхностное течение, вызываемое ветром через касательные напряжения. В качестве примера рассмотрено распространение в направлении румынского берега загрязнения, вызванного гипотетической аварией на буровой платформе Глория.
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Coolbaugh, Thomas, Elisabeth Bonneville, Sophie Depraz, Helen Murphy, and Peter Taylor. "The IMO/IPIECA Global Initiative: Expanding Government and Industry Cooperation into New Regions." International Oil Spill Conference Proceedings 2014, no. 1 (May 1, 2014): 1342–52. http://dx.doi.org/10.7901/2169-3358-2014.1.1342.
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ABSTRACT As oil industry exploration and production activities and global marine shipping patterns have evolved, there is recognition of the potential for increased levels of oil spill risk in specific regions. In response to this, the IPIECA/IMO Global Initiative (GI) Programme is undergoing a period of broad expansion into regions where these increased activities may have the biggest potential impact. These same regions tend to show a need for improvement: consistency in the application of international legislation; effectiveness of regional agreements and national plans; and industry arrangements in order to minimize the likelihood of a significant incident and to mitigate the consequences. As is the case in the existing GI regions, the overall objective of any proposed new regional initiatives is to strengthen the cooperation between government and industry on oil spill related issues and to improve the capacity of countries to protect their marine and coastal environments and resources through the full implementation of the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 (OPRC). Three active and functional GI regional programmes have been established between 2003–13, covering (i) the Black Sea, Caspian Sea and Central Eurasia, (ii) West, Central and Southern Africa and (iii) South East Asia. The establishment and successes of these programmes are described, along with on-going work in this field in the Mediterranean Sea. As a result of increased oil and gas activity, IPIECA and IMO have identified East Africa as a “high priority” region for future GI activities. In 2013, IPIECA has commissioned a report to outline the existing level of oil spill risk from upstream and shipping activities and assess the existing preparedness and resource capabilities of government and industry within the region. The current status of this effort will be reviewed. The possible development of a GI programme for coastal China that would provide spill preparedness and response technical workshops in China will be reviewed with particular emphasis on a 2012 agreement between the Chinese Maritime Safety Agency, IPIECA, and the IMO.
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Royandi, Eva, and Arif Satria. "Actors Strategies on Sea Resources Utilization in Palabuhanratu-Jawa Barat." Sodality: Jurnal Sosiologi Pedesaan 7, no. 2 (September 1, 2019): 127–36. http://dx.doi.org/10.22500/sodality.v7i2.24334.
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This study aims to (1) analyze the authority of actors to access (control) rights-based marine resources, (2) to analyze the power of actors to access marine resources based on structures and relational resources. This Research was conducted at seawater of Palabuhanratu, Sukabumi, West Java. We use qualitative methods in the present study. The results showed that among local fishers, immigrant fishers (settle), outside fishers (not settle), and managers of the thermal power station (PLTU) have different interests in using marine resources. The Fishers groups have an interest in utilizing marine and fisheries resources (including fishing areas and fish), while PLTU managers have interests in the construction of power plants, barge transportation (coal transportation), development of dams, construction of barge ship ports that buy 3 million seas. The approved PLTU activities must access fisheries against marine resources, coupled with the indication of PLTU waste pollution that harms fishers. The results of the analysis of rights-based licensing for each actor have legislation that is built on official law. The relations of the power's actors to access marine resources based on the structures and relational was held through types of power, i.e., technology, capital, markets, knowledge, authority, social identity and social relationships.
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Shirai, Sakae. "HISTORICAL BUILDUP OF OIL SPILL RESPONSE CAPABILITY IN JAPAN." International Oil Spill Conference Proceedings 1993, no. 1 (March 1, 1993): 39–43. http://dx.doi.org/10.7901/2169-3358-1993-1-39.
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ABSTRACT With the large oil spill that occurred in 1971 as an impetus, Japan's Maritime Pollution and Disaster Prevention Law was amended in 1973 and subsequently in 1976. The amendments required owners of vessels and petroleum facilities to retain designated quantities of oil boom, sorbent, dispersant, and other items to minimize impact from spills. A large oil spill caused by a ruptured crude oil storage tank in 1974 led to the enactment of additional legislation: the Petroleum Complex Disaster Prevention Law. Under this, petroleum facilities are required to maintain designated quantities of oil boom, oil boom deploying vessels, skimming boats, and the like. These legislative measures, together with voluntary efforts, have contributed to a sound buildup of the nation's oil spill response force. However, the response capability including stockpiled materials and equipment has been designed primarily to cope with incidents in closed waters such as inland seas, bays, and ports, and hence not for a oil spill in open seas as large as that from the Exxon Valdez. As one of the measures under the 1990 International Convention for Oil Spill Preparedness, Response and Cooperation, the Government of Japan has entrusted the Petroleum Association of Japan with an oil spill response capability reinforcement project to cope with a large oil spill should one occur in Japanese waters or nearby seas. Under the scheme, during the 5 year period beginning in 1991, the Petroleum Association of Japan is scheduled to build up, using subsidies from the government, stockpiles of cleanup equipment and materials and to augment the existing response capability.
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Schoenbaum, Thomas J. "Oil Pollution at Sea. By Ganci Potthard. [Chichester: John Wiley1997, xxx + 313 pp. ISBN 0–471–97066–2. No price given]." International and Comparative Law Quarterly 47, no. 4 (October 1998): 966. http://dx.doi.org/10.1017/s0020589300062680.
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Davis, Donald W., and Karolien Dubusschere. "FUNDING OF OIL SPILL SCIENCE IN LOUISIANA: 50 PROJECTS AND STILL COUNTING." International Oil Spill Conference Proceedings 2001, no. 2 (March 1, 2001): 1153–58. http://dx.doi.org/10.7901/2169-3358-2001-2-1153.
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ABSTRACT Immediately following the Exxon Valdez incident, Alaska, California, Texas, and Louisiana law makers enacted complementary legislation to the federal Oil Pollution Act of 1990. Among other things, the Louisiana legislation provides $530,000 annually, through the Louisiana Applied and Educational Oil Spill Research and Development Program (OSRADP), to underwrite oil spill research. Although in some areas interest in oil spill research may be waning, this is not the case in Louisiana. In fact, the program may be getting stronger. Since the fall of 1993, the OSRADP has awarded 83 grants in support of 50 projects (some are 2- year projects); the average award has been $46,925. This paper briefly summarizes projected completed as of May 1999. Through the coordination and cooperation of industry, government, and university community, OSRADP's research mission has promoted scientific endeavors based on a 1- or 2-year turnaround plan. This mission requires rigorous oversight and a dedicated research commitment. OSRADP's goals and objectives are designed to ensure all research projects are applied in nature and designed to take advantage of synergies. The program focuses on: (1) education, training, and public awareness; (2) remote sensing and mapping; (3) spill response, cleanup, and harmful ecological consequences; and (4) spills-of opportunity. It is critical that the science developed with OSRADP support is incorporated into the oil industry's planning and response strategies with the approval and support of the various regulatory agencies. Investment in the research initiatives can only be justified when the regulatory community incorporates the research results/material in their oil spill cleanup protocols. Louisiana takes the position that planning and response can be enhanced by good science and supports this philosophy by annually underwriting up to 14 research projects.
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Gallagher, John James. "The Application of Strict Criminal Liabilities to the Spillage of Oil; The Practical Impact on Effective Spill Response." International Oil Spill Conference Proceedings 2003, no. 1 (April 1, 2003): 615–20. http://dx.doi.org/10.7901/2169-3358-2003-1-615.
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ABSTRACT In spite of the marked success of the Federal Water Pollution Control Act (FWPCA – 33 USC 1251 et seq) and subsequent amendments in restoring and protecting our waterways, the Department of Justice (DOJ) has of late increasingly resorted to unrelated law to inject the concept of strict criminal liability for accidental spillage of oil. The application of strict liability for the spillage of oil can engender criminal penalties for accidental, unintentional spills in the same manner as if the spill was a result of an intentional, purposeful breach of the law. This paper describes the impact of a threat of imposition of strict criminal liability on coordination and communication between those directing a spill response. It describes the chill created when the threat of such liability becomes a reality and the resulting constraints imposed when that specter surfaces, constraints that are both self-imposed and imposed on coordinators by their legal advisors. The paper also identifies a solution in the form of legislation d aimed at limiting the use of unrelated law in oil spills to pull the teeth from this threat without allowing real criminals to escape. Importantly, it also reveals the increased threat to the environment caused by the imposition of strict criminal liability in oil spills resulting an unnecessary degradation of response effectiveness. It also suggests a unique opportunity for bi-lateral support for environmental protection from both commercial and environmental interests.
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Trigatti, Larry, Ole-Kristian Bjerkemo, and Mark Everett. "Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in the Arctic." International Oil Spill Conference Proceedings 2014, no. 1 (May 1, 2014): 1485–96. http://dx.doi.org/10.7901/2169-3358-2014.1.1485.
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ABSTRACT This paper describes the background, approach, challenges and results of the development of the Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in the Arctic signed May 2013 by the eight member states of the Arctic Council at Kiruna, Sweden. The Arctic Council established an interdisciplinary task force in May 2011 to develop the Agreement. The Task Force included participants from the Arctic states, Permanent Participants of the Arctic Council, observers, industry representatives, and invited experts. The Task Force met five times over nearly a one year period. The objective of the Agreement is to strengthen cooperation, coordination and mutual assistance among the Parties on oil pollution preparedness and response in the Arctic in order to protect the marine environment by pollution from oil. The Agreement applies to oil pollution incidents that occur in or may pose a threat to any marine area over which a State whose government is a Party exercises sovereignty, sovereign rights or jurisdiction, including in its internal waters, territorial sea, exclusive economic zone and continental shelf, consistent with international law. An Operational Guideline to the Agreement was developed by the Arctic Council's standing Emergency Prevention, Preparedness, and Response (EPPR) work group to provide tactical operating procedures for: notification; requests for assistance; provision of assistance; coordination and cooperation in response operations, including in areas beyond the jurisdiction of any State; movement and removal of resources across borders; procedures for conducting joint exercises and training; and a variety of other topics.
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Mdakane, L. W., R. G. V. Meyer, and B. Sibolla. "BILGE DUMP AUTOMATIC ALERT SYSTEM IN SOUTHERN AFRICA OCEANS." ISPRS - International Archives of the Photogrammetry, Remote Sensing and Spatial Information Sciences XLIII-B1-2020 (August 6, 2020): 627–30. http://dx.doi.org/10.5194/isprs-archives-xliii-b1-2020-627-2020.
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Abstract. Oil spill over the sea surface formed because of oil-tanker accidents or illegal bilge dumping of tankers can cause significant environmental damage depending on the location and amount. The international legislation contains minor and well-defined exceptions related to ocean areas (internal waters, marine protected areas, MARPOL “special” areas, territorial seas or exclusive economic zones). These areas often determine whether or not an action is considered legal/illegal and define the rights and obligations, including law enforcement obligations. Deliberated oil spill are often caused by vessels illegally discharging oily waste during cleaning operations. To minimise the ecological impact caused by the oil spill, a rapid response from the authorities is required. To facilitate the quick response, we propose an automated bilge dump alert system based on space-borne SAR analysis over Southern Africa oceans. The proposed alert system detects potential bilge dumps and classifies them according to confidence and alert levels. The confidence levels described the quality of the detected bilge dump, based on the probability measures of the observed bilge candidates. The alert levels described the enormity of the alert based on the detection location and confidence level. The system showed promising results in classifying bilge dumps according to the alert level.
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GUDEV, Pavel. "The Northern Sea Route: Problems of National Status Legitimization under International Law. Part II." Arctic and North, no. 41 (December 24, 2020): 130–47. http://dx.doi.org/10.37482/issn2221-2698.2020.41.130.
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The second part of the paper shows that the regime of navigation in the Arctic, particularly on the NSR, defended by Russia today, is much more liberal than that which existed in the Soviet years: up to the Gorbachev’s 1987 Murmansk speech the Soviet Arctic was a closed sea region for foreign navigation. Per-missive order of passage established today at the level of Russian national legislation applies only to civil ships, and in the framework of the 1982 Convention, measures to protect the marine environment from pollution from ships cannot be applied to warships, military auxiliary ships, and ships on the state non-commercial service. However, the presence on the Northern Sea routes of water areas with the status of internal historical waters, including several Arctic straits, plus the special legal status of the Arctic, which is not limited exclusively to the 1982 Convention, allows Russia to insist on the applicability of the permit regime also to foreign warships. This approach is based mainly on the two states’ practice with the longest coastline in the Arctic: the USSR and Canada. Navigation along the NSR in today’s ice conditions is not yet possible without passing through the waters of the Russian Arctic Straits, whose waters are classified by the USSR as internal on historical legal grounds. Although under the 1982 Convention, they can be conditionally regarded as international, the lack of permanent transit through them makes it possible not to recognize them as such. However, the Russian Federation’s task to turn the NSR into an international shipping route may lead to a weakening of the current legal position. A similar situation may arise concerning the enforcement of Article 234 “Ice Covered Areas” of the 1982 Convention, which gives the Arctic countries additional rights in the field of navigation control. Lack of ice cover in the Arctic during most of the year can significantly strengthen the position of Russia’s opponents, who insist on a too broad interpretation of this article on our part. Finally, climatic changes may lead to the NSR becoming more latitudinal, and then the Russian Federation will lose any legal grounds to regulate navigation.
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Firląg, Szymon, Mariusz Rogulski, and Artur Badyda. "The Influence of Marine Traffic on Particulate Matter (PM) Levels in the Region of Danish Straits, North and Baltic Seas." Sustainability 10, no. 11 (November 16, 2018): 4231. http://dx.doi.org/10.3390/su10114231.
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The aim of the study was to determine air pollution over the sea surface (North Sea and Baltic Sea) compared to the situation in ports, as well as to examine the impact of ships on the level of particulate matter (PM) concentration. The measurements, made during the two-week cruise of the tall ship Fryderyk Chopin, demonstrated that the principal source of PM emission over the sea surface are passing ships equipped with internal combustion engines, including quite numerous units powered by marine oil. The highest pollution levels were observed in locations distant from the coast, with increasing concentrations when other ships were approaching. During the cruise, at least two places were identified with increased PM concentration (18–28 μg/m3 for PM10 and 15–25 μg/m3 for PM2.5) caused by passing ships. The share of PM2.5 fraction in the general PM concentration in these places increased from 70–72% to 82–85%, which means that combustion emission dominated. In turn, measurements made in ports (Copenhagen and Kołobrzeg) showed lower levels of air pollution and indicated a typical variability of the PM concentrations characteristic for land areas. The results confirm the need for determining suitable solutions for sustainable sea transport.
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Charlebois, Patricia. "THE ROLE OF INTERNATIONAL INSTRUMENTS IN ADDRESSING PREVENTION, PREPAREDNESS AND RESPONSE TO OIL POLLUTION AND THE EXTENSION OF THESE TO ADDRESS THE CHALLENGE OF HAZARDOUS AND Noxious Substances (HNS)." International Oil Spill Conference Proceedings 2008, no. 1 (May 1, 2008): 73–76. http://dx.doi.org/10.7901/2169-3358-2008-1-73.
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ABSTRACT As knowledge, policies and infrastructure related to marine oil spill prevention, preparedness and response have continued to evolve and are now considered to have reached a state of relative maturity; attention has more recently turned to developing systems to address spills of hazardous and noxious substances (HNS) in the marine environment. The International Maritime Organization (IMO), as the specialized agency of the United Nations with a global mandate for the protection of the marine environment from pollution caused by shipping, discharges its commitment to protecting the marine environment from pollution from oil and HNS at the global level along four different but interdependent paths: prevention, preparedness and response, and technical co-operation. Two mutually supporting IMO instruments that together address the Prevention-Preparedness-Response (PPR) continuum for HNS are: The International Convention for the Prevention of pollution from Ships, 1973, as modified by the Protocols of 1978 and 1997 relating thereto (MARPOL Convention), notably Annexes II (noxious liquid substances in bulk) and III (harmful substances carried by sea in packaged form), covering prevention, and the Protocol on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and Noxious Substances, 2000 (HNS Protocol), which addresses preparedness, response and cooperation to spills of HNS. Together, these instruments provide a framework for countries to establish the necessary systems for tackling the complex issue of prevention, preparedness and response to HNS, with the goal of embedding the principles set out in these instruments into national legislation and policy that are fully implemented at both institutional and operational levels. At the same time, it is equally recognized that the topic of preparedness and response to HNS is still in its infancy and that any systems developed must borrow heavily from the established systems for oil pollution, in order to maximize the use of existing capacity in planning and preparing for HNS, at the same time acknowledging the unique issues presented by these substances. The paper will examine these elements in greater detail and will discuss the requirements for developing systems for preparedness and response for oil and HNS, comparing areas of similarity, contrasting the differences and identifying the distinct considerations that are necessary for each.
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Li, Hangyu, Hon Chung Lau, Xiaofang Wei, and Shuyang Liu. "CO2 storage potential in major oil and gas reservoirs in the northern South China Sea." International Journal of Greenhouse Gas Control 108 (June 2021): 103328. http://dx.doi.org/10.1016/j.ijggc.2021.103328.
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Sahatjian, Laurie Crick. "Marpol—An Adequate Regime? A Questioning Look At Port and Coastal State Enforcement." International Oil Spill Conference Proceedings 1999, no. 1 (March 1, 1999): 715–20. http://dx.doi.org/10.7901/2169-3358-1999-1-715.
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ABSTRACT The Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL 73/78), was adopted to “achieve the complete elimination of intentional pollution of the marine environment by oil … and the minimization of accidental discharge of [oil].” Parties to MARPOL believed this goal could best be achieved by the adoption of an international regime with specific operational and structural requirements for vessels and a comprehensive scheme for the detection and enforcement of violations. MARPOL, together with the United Nations Convention on the Law of the Sea, explicitly allocates enforcement among flag, port and coastal states. In recent years, port and coastal states, including the United States, have begun to look beyond MARPOL to domestic law to enforce MARPOL requirements on foreign flag vessels that (1) are suspected of MARPOL violations outside their jurisdiction but voluntarily enter their ports and (2) violate MARPOL while navigating in their coastal waters. The justification often given for more aggressive port state enforcement is inadequate flag state enforcement. Because of this perception, port and coastal states are assuming more enforcement responsibility. The impact of this upon the carefully negotiated international regime could be significant. This scheme, which reflects traditional international law and has been codified in both MARPOL and the Law of the Sea Convention, is at risk. This paper examines the international scheme and recent initiatives that threaten the scheme, and proposes actions to be taken at the international level to address the problems that have resulted in this trend toward less flag state enforcement and to strengthen the relevant international treaties to greater protect the marine environment.
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Ahyadi, Muhammad Yaris, Abimanyu Putra Syarifudin, Alesha Zahira Khairunnisa, Joana Dacosta Ximenes, and Muhammad Hilal Hamdi. "Analisis Dampak Oil Spill Di Teluk Balikpapan Terhadap Kehidupan Masyarakat Dalam Perspektif Hukum Dan Lingkungan." Bumi Lestari Journal of Environment 21, no. 1 (May 17, 2021): 18. http://dx.doi.org/10.24843/blje.2021.v21.i01.p03.
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One form of marine pollution is an oil spill that can come from the fault of tanker activity while operating.An example of the case is the incident of oil spill in Balikpapan Bay due to the leak of pertamina's oil pipeline in 2018, 5 thousand liters of oil spilled and polluted the sea with an area of more than 12 thousand hectares.Using normative juridical methods, researchers will conduct an analysis of the impact of the oil spill in Balikpapan Bay on the lives of the surrounding community based on legal and environmental perspectives.The purpose of the author by making this paper is to know how the process of tackling and impacting oil spills so far for the surrounding community based on the law and the environment, can also be an input for the government to be able to resolve the case of oil spill in balikpapan bay that has lasted about 3 years, so that the lives of local people can run smoothly as before the oil spill incident.