For a detailed analysis, see T. Ringbom ed. See generally R.
Protecting the Polar Marine Environment. Law and Policy for Pollution Prevention. - fni
Nordquist and S. Oude Elferink and D. See also Kraska, supra note 4, at Nordquist and others eds. McRae and D. This interpretation seems to be supported by Churchill and Lowe , supra note 26, at See, e. Ravna eds. What Is at Stake?
The latter is undisputed, as warships or vessels owned or operated by states are explicitly excluded from any provisions in the LOSC regarding the protection and preservation of the marine environment. Stephens and D. VanderZwaag eds. Reports , at , para. Reports , 43, at 70, para.
See also the second report by Special Rapporteur G. Nolte, especially Draft Conclusion 7. Oude Elferink ed.
Yearbook of the International Law Commission, , vol. Cited in ibid. Aust, Modern Treaty Law and Practice , 3rd ed. Cambridge University Press: , Department of State Press Release No. See A. Chircop et al. See generally, J.
International marine environmental governance: A review
The reporting requirement applies to all vessels of gross tonnage or more, as well as to vessels involved in towing or pushing operations with a combined gross tonnage of or more. See D. Jensen and G. See the communication from the United States and communications from Belgium, Denmark, France, Germany, Greece, Italy, the Netherlands, Portugal, Spain, and the United Kingdom reproduced in Status of multilateral conventions and instruments in respect of which the International Maritime Organization or its Secretary-General performs depositary or other functions last updated 19 January , available at www.
Federal Law No. See also Chircop et al. See also Rayfuse, supra note 65, at Approved by order of the Ministry of Transport of Russia 17 January , available at www.
Available on the PCA website at www. This section does not consider Greenlandic legislation, as the Greenland Self-Government authorities do not have beyond three nautical miles. Order on ship reporting systems in the waters off Greenland reporting service in Greenland , Order no. On the history of the Svalbard archipelago, see R. Churchill and G. Nordquist, T. Heidar, and J. Moore eds. The Svalbard treaty, which grants certain economic rights in the area to the contracting parties, is open to all states. There are currently 42 state parties to the Svalbard Treaty.
S , Vol. White paper on the future of Svalbar, Meld. Norsk Lovtidend Part 1, See also White paper, supra note , at This section focuses on federal legislation, as only the U.
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McDorman, supra note 85, at Brubaker notes that Article is probably materializing as a customary international norm. For present purposes, it is unnecessary to evaluate this claim. Brubaker, supra note 12, at Reports 3, at 39—43, paras. One possibility could be that a local custom has been established, but then it would not be applicable against states that have opposed the liberal interpretation of Article Reports , at — Baxter, Treaties and Custom , Recueil des Cours 36, 64, and Vidas ed.
A certificate is conditional on vessel operators demonstrating their ability to pay for potential cleanup and damages up to the liability limits required by the Oil Pollution Act 33 USC s. Non-self-propelled vessels that do not carry oil as cargo or fuel are exempted 33 USC s. The relevant U. Freestone, R. In such a way, oil spills in the waters of the non-CLC states, such as the United States, remain uncovered. During the conference at the Inter-Governmental Maritime Consultative Organization, which developed the CLC, it was recognized that there would be incidents which would require compensation limits in excess of the available under the CLC.
To provide for compensation for the circumstances not covered by this convention, an international fund was established under the terms of the Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage to administer this compensation system. This fund is an intergovernmental organization established by States. The FUND is financed by a levy applied to individuals and corporations dealing with the import and export of oil in contracting states. Only oil cargo or bunkers carried in bulk by vessels is covered.
The IOPC Fund becomes involved by providing supplementary compensation when the amount payable by the shipowner and his insurer is insufficient to cover all of the damage. Any person or company, which has suffered pollution damage in a Member State of the IOPC Fund caused by oil transported by ship, can claim compensation from the shipowner, his insurer and the Fund.
This applies to individuals, business, local communities or States. To be entitled to compensation, the damage must result from pollution and have caused a quantifiable economic loss. The claimant must substantiate the amount of his loss or damage by producing accounting records or other appropriate evidence. Compensation may be claimed for property damage, clean-up operations, economic losses of fishermen or those engaged in mariculture and tourism sector ITOPF, Since its establishment the IOPC Fund has been involved in some incidents of different graveness in around 20 countries.
Most cases fall within the third category. This decision was strongly lobbied by the USA. These protocols were some sort of the compromise between oil and shipping industries and coastal states for the protection of the marine and coastal environment. The Protocol of to Amend the International Convention on Civil Liability for Oil Pollution Damage, ; and the Protocol of to Amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, raised the liability limits and extended jurisdiction to the exclusive economic zone.
The Protocols raised the compensation limitations and extended the jurisdiction of the conventions to the exclusive economic zones of contracting states. The amendment procedures for the conventions were also simplified. The amendments  - raised again the liability limitations up to 4,51 — 89,77 million SDR depending on the gross tonnage of the vessel. It was made under the pressure of the publicity after the Torrey Canyon incident.
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