Shipping and the Environment, 2nd Edition

Informa UK

The first edition of Shipping and the Environment was quickly acclaimed as the new leading text worldwide on the law and practice of pollution from ships. The second edition deals with a variety of developments since the first edition published in 1998.

The first edition of this book was quickly acclaimed as the new leading text worldwide on the law and practice of pollution from ships. The second edition deals with a variety of developments since the first edition published in 1998, including:

  • The effect of Erika and Prestige
  • Changes in international law on maritime safety and compensation
  • Analysis of the SCOPIC regime
  • New material on ports of refuge, trans-boundary movements and pollution from off-shore craft
  • Latest case law
  • Regulatory changes in the US
  • Enlarged chapters on enforcement of laws and criminal sanctions

What's new:

  • Erika, Prestige and changes to compensation regimes: Supplementary Fund, STOPIA and TOPIA, Hebei Spirit, interim payments, and many decisions on admissibility of claims
  • Bunkers Convention, pollution from FPSOs and latest on HNS
  • Major US cases, New Carissa, Athos I, Selendang Ayu, Cosco Busan, and the latest regulatory changes
  • Chapter devoted to limitation of liability for pollution
  • Environmental aspects of salvage: SCOPIC, Tasman Spirit and insurance cover
  • Detailed chapter on international rules to prevent pollution: Law of the Sea, SOLAS and MARPOL
  • Conventions on anti-fouling, ballast water and wreck removal
  • Up-to-date position on air pollution and carbon emissions from ships
  • Places of refuge: Castor, Prestige, MSC Napoli and IMO Guidelines
  • Law and practice of dumping at sea, shipment of waste and dismantling of ships -- full story behind the "ghost ships", Clemenceau and other leading cases
  • The latest on flag state and port state control, industry controls and measures to promote quality shipping
  • Major new chapter on criminal liability: international and US law and practice; oily water separators, aerial observations and the cases in France; interpretation of MARPOL and the EU Directive; fair treatment of seafarers, UNCLOS safeguards and IMO Guidelines; US criminal laws, enforcement agencies and practice

“This is a ‘must have’ book for the shipping industry.”
—Dr Peter M Swift, INTERNATIONAL ASSOCIATION OF INDEPENDENT TANKER OWNERS (INTERTANKO)

"Written by practitioners closely involved in modern legal changes, this book will be helpful to all who seek a wider understanding of the important global issues of our time."
—Epaminondas G.E. Embiricos, Chairman, GREEK SHIPPING CO-OPERATION COMMITTEE

Like its predecessor the second edition is superbly indexed and written clearly with the needs in mind of a wide international readership.

Table of Contents

PART I -- LIABILITY AND COMPENSATION FOR OIL POLLUTION DAMAGE

1. Introduction and Historical Overview
2. Compensation from the Shipowner under CLC
3. Compensation from the IOPC Funds
4. Oil Pollution -- The Position in the US
5. Pollution from Offshore Craft
6. Pollution from Ships" Bunkers

PART II -- COMPENSATION FOR DAMAGE BYHAZARDOUS AND NOXIOUS SUBSTANCES

7. Compensation from the Shipowner and from the HNS Fund under the Hazardous and Noxious Substances Convention 1996 (HNSC)
8. HNS Damage -- The Position in the US

PART III -- ADMISSIBILITY AND ASSESSMENT OF CLAIMS

9. Claims -- General Principles
10. Clean-Up Operations and other Preventive Measures
11. Damage to Property
12. Economic Loss
13. Damage to Natural Resources and Costs of Restoration

PART IV -- THE LAW RELATING TO PARTICULAR PARTIES

14. Salvors
15. Charterers and Cargo Owners
16. Ship Managers, Operators and Associated Parties
17. The Owners of Colliding Ships
18. Pilots and Maritime Authorities
19. Ship Financiers
20. P&I Clubs and other Liability Insurers
21. Hull and Cargo Insurers

PART V -- LIMITATION OF LIABILITY

22. Limitation of Liability for Pollution and HNS Damage

PART VI -- PREVENTION, REDUCTION AND CONTROL OF MARINE POLLUTION

23. International Rules to Prevent Pollution from Ships
24. Prevention of Pollution from Ships in the US
25. The Response to an Incident -- International Conventions
26. The Response to an Incident -- Position in the US
27. Removal of Wrecks and Dumping at Sea
28. Shipment of Waste and Dismantling of Vessels
29. Enforcement of Rules to Prevent Pollution
30. Criminal Liability for Pollution from Ships

APPENDICES

  • Appendix 1 -- Status of Conventions
  • Appendix 2 -- Online Sources
  • Appendix 3 -- Summary of State Oil Pollution
  • Laws in the US
  • Index

About the Authors

Colin de la Rue

A partner in the London based international law firm Ince & Co, Colin de la Rue first saw pollution from ships as a schoolboy in 1967, when oil from the Torrey Canyon came ashore near his home in Guernsey in the world’s first oil pollution disaster. Ince & Co acted in the case, and when he joined the firm ten years later he was soon part of a team working on the major tanker accidents of the 1970s. He and his colleagues have acted since then in most major oil spills worldwide. He is adviser to a number of leading international industry bodies, has lectured in many countries around the world, and writes with the firm’s experience of most significant events in this field from its first beginnings to the present day.

Charles B. Anderson

Since 1998, Charles B. Anderson has been the head of Skuld North America Inc., New York based representatives of Assuranceforeningen Skuld, a leading P&I Club with offices worldwide. Previously he was a partner in Holland & Knight, an internationally recognized maritime and transportation law firm which he joined in 1980, and where he specialized in marine casualties and environmental law. In 1998 he was elected a Titulary Member of the Comité Maritime International in recognition of his work in the area of international shipping and environmental law. He is also an Adjunct Professor of Law at Columbia University, where he teaches admiralty law.