3.1.1 Implementation Mechanisms
Implementation of PPP in the liability and compensation regime is seen through adequate reference to mechanisms such as compulsory insurance and compensation funds whereby a ship owner is required to constitute a fund with the Court for the total limit of his liability to avail the benefit of limitation , and maintain compulsory insurance certified by the appropriate State authority for any ship carrying more than 2,000 tons of oil .
3.1.2 Loss of Right to Limit Liability
There is very narrow scope for a ship owner to be exonerated from strict liability. It requires proof that damage resulted from war or was wholly caused by an intentional act or omission of a third party or by negligence of an authority
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The Small Tanker Oil Pollution Indemnification Fund (STOPIA) was established to raise maximum amount of compensation payable for small ships and the Tanker Oil Pollution Indemnification Agreement (TOPIA) was established to indemnify the supplementary fund 50% of the compensation amount it pays in event of an oil pollution accident.
Considering the costs of some of the biggest oil spills in history, the SF holds adequate funds to deal with oil spills of high magnitudes; till date no incident has required compensation from the SF . The liability and compensation provisions of the CLC and FC satisfy the main components the PPP by allowing the victims impartial access to remedies and allocating costs of pollution damage, emergency response and clean up to the polluters .
The abovementioned factors show that the Conventions have come a far way in achieving a perfect balance in burden sharing among the shipping and oil industries, adapting the ‘polluter pays’ theory to the extent feasible. Disturbing this balance for the few incidents where admissible claims exceeded the limits under the 1992 CLC and FC would mean disturbing a widely accepted, well-tested and successful system operating on an international level .
An interesting view is raised by Chao Wu in his paper on threats to the International Convention System; he questions the fairness in expecting the transporter and cargo owners to bear all the costs
Originally, the company was charged 1.3 million dollars for causing this spill. This means that the company had paid most of their profit into cleaning up oil from a pond. But at the same time most of the people around them had experienced things that they have not experienced before, also since this had occurred the company had gotten a lot of hate and bad reviews because of this oil spill so many of the people working there are known as a bad company. Plains Midstream company may have also experienced a lot of financial problems because they had to pay a lot to clean all of this up. This company also must have lost a lot of there money because now they cannot invest a lot of money into this specific area since this spill had occurred. Also this company had caused a lot of other types of spills in Canada and one of the biggest one is Little Buffalo oil spill. This company is already down a lot of there money because they had to repair a lot of different pipes in a lot of different areas, so there in a lot of
This paper includes information regarding the BP Oil spill. References are listed at the bottom.
I am Eva Rapaport . I was the only child . I was born to non-religious Jewish parents . I was born on October 27th , 1929 . My father was a journalist and my mom loved taking trips . I have a cousin that is two years older than me that I loved spending time with . FOUR MONTHS LATER , my dad was harassed by the Gestapo or the secret state police , that turned out bad . I was always getting called bad names by my best-friends because I was Jewish and I was different from them . My friends never wanted to be by me and they never wanted to talk to me unless they was criticizing me . They told people they couldn’t be around me .My parents soon said we had to escape , so , we eventually evacuated by trains . During my third grade year , there were
The Exxon Valdez oil spill which occurred in 1989, 11 to 38 million us gallon oil spill is one of environmental disaster which had polluted the water and disturbed the natural habitat (Hellawell, Trevor). This incident mainly resulted in amendment of section 311, which mainly has goals and objectives to report and document the oil spill incidents and these documented reports are used for cleanup of oil pollutants from water and to restore its natural properties.
The effect of oil spill is usually calculated in terms of damage on the environment, aftermath on marine species, and effect on the tourism and fishery industries. The impact on human health is less known relatively. The financial costs associated with oil spills are also a factor. Arguably, it is a less serious consequence of an Oil Spill, however the financial costs have the potential to bankrupt an organization. BP suffered major financial loss as a result of the Oil Spill in the Gulf of Mexico. They have paid up to $1.5 billion in an effort to settle various claims and compensation. (BP, n.d)
William Shakespeare had made many great plays in his time such as Romeo and Juliet. There were a few films that were made to resemble Romeo and Juliet. Such as the films with Leonardo Dicaprio made in 1996, the play with Orlando Bloom made in 2014, and the movie with Leonard Whiting made in 1968. All the films highlight what each author thought about Romeo and Juliet. Each film has their similarities and differences.
Some were large corporate clients, others were small business owners. Many, however, were vessel owners, captains, commercial fishermen and shrimpers, and many spoke only Spanish. I poured through the mountains of handwritten trip tickets, each listing how many pounds were caught on that outing, and each crew-member's share of the profits. These men, who had been without income for months, should have been frantic, but on the phone, they sounded relieved. It was not because someone was fighting for compensation, or that someone would be held accountable. It was because I listened to them in their own language and took the time to understand how the spill had impacted them individually. My role progressed to include the review and calculation of various damage models and the presentation of individualized claims on behalf of these clients. This experience solidified my appreciation for the law and the critical role it serves when it crosses paths with those harmed by the conduct of others. In addition, I began to see the world from a legal perspective, and this outlook proved useful in the years that
The issue of the Montara oil spill is of great relevance to the common good, “the conception that the
7 Years ago, in the Gulf of Mexico one of the worst catastrophes that has happened in modern history, happened. Moreover, in the United States. The “BP” Gulf oil spill as you might of hear it called. Although, British Petroleum has made every possible attempt to rename the mishap. Years later this incident has had a huge impact in the local infrastructure. Furthermore, this was a compounding effect on the Gulf, 5 short years since Hurricane Katrina leveled the coast. This was just another hit to the gulf residents. The public relations of BP and this catastrophe were atrocious in the since that BP ran away from the camera while they had no possible answer as to how they were going to stop the massive spill. Another impact was sustained by the
On March 24th 1989, the Exxon Valdez oil tanker ran aground in Prince William Sound Alaska, spilling roughly 10.8 gallons of crude oil polluting over a thousand miles of Alaska’s coast (Gerken, 2014). At its time, it was the worst oil spill in history, lasting for several days. It was caused by the negligence of the captain who was reportedly intoxicated at the time. The oil was very quickly dispersed over a wide area of land because of extreme tidal fluctuations and a storm several days after the spill (http://www.eoearth.org/view/article/152720).
Some of the key provisions of the act include: organization obligation regarding the coordination of spill cleanup endeavors; the Coast Sentinel oversees orchestrating seaward cleanup, while the Environmental Auspice Agency oversees on-shore endeavors. Second, better readiness for spill counteractive action and control by better arranging. Third, the proprietor will be in jeopardy for all the orderly up expenses. An outsider, if demonstrated capable, will be obligated for every one of the expenses of shipshape up exercises. Additionally, up to $350 million in obligation might be charged to the dependable party. The administration can balance this farthest point. The dis allowance of any vessel that has engendered a spill of more than 1 million gallons in any marine range from working in Prince William Sound. Determinately, the restricting of single structure tankers of more than 5000 ton limits.
The focus of this paper was to research the federal, state, and local rules, regulations, laws, policies, and procedures pertaining to an oil spill. Oil spills can happen and asserting a plan of action and response will help minimize the impact and effects that can cause severe damage to property, businesses and the environment. One of the main agencies that react when an oil spill occurs is the Florida Department of Environmental Protection (FDEPA). Questions were asked and evidence from several sources was accessed to formulate answers. The research discovered fortified the thesis which confirms that there is various federal, state, and local policies and procedures in place in the instance an oil spill does occur.
The oil spill undermines the reputation and market position of British Petroleum, thus its stock prices decline dramatically. Even though BP took measures for resolving these problems, its way was not beneficial enough and therefore, it still requires more advantageous resolutions.
In the given case study a dispute will arise between the four parties to determine the liability of each vessel for multiple collisions caused at sea. In summary, the facts are that the Flipper was crossing the Britannia Straits traffic separation scheme but was not making proper use of the crossing points. The Willie, a bulk oil carrier which was adhering to the scheme, spotted the Flipper and foresaw the risk of collision so the captain issued a series of warnings. The Flipper ignored these warnings thinking she had enough time to pass. The Willie, realising she was being ignored made a turn for starboard creating a wash which capsized the Flipper and a nearby yacht. Moments later the Orca, which was insufficiently crewed and had faulty
Companies are making enough profit that they can afford to clean up their messes. According to the Article of Ocean Pollution: 6 Things That Make It Worse. “The ocean is already being damage of the littering,” and when they are shiping it out it's making it hard for the ocean so the company should pay of the damage. According to the Article of Ocean Pollution: 6 Things That Make It Worse, When a ship that is shiping oil out in the sea has very high risk of the storms ice borgs rocks, and all of that it takes a long time for people who tried to clean up the miss. According to the Article of Ocean Pollution: 6 Things That Make It Worse, Several of oil spills from tanker ships after accidents, including Deepwater and it would cause a lot of money to undo the damage.