Shipping and the Environment
Page 1329
Index
- Abnormally dangerous activities , ,
- Access to places of refuge. see Places of refuge for ships
- Access to territorial seas and ports –
- Acts of God
- Act of war
- Acts or omissions
- Admiralty jurisdiction
- Admissibility of claims. see Claims
- Admittance to ports –, –, , –
- Advertisements, OPA-90 claims procedure
- Agriculture, effect of oil spill on
- Air pollution
- AIS , –,
- Alcohol testing
-
Alter egos
- affiliates
- Amoco Cadiz –
- arrest of ships
- CERCLA (United States) –
- Civil Liability Conventions ,
- companies , ,
- continuity of enterprise theory
- costs –
- damages , ,
- dissolution –
- enforcement
- environmental damage –, , –,
- Fund Conventions
- guarantors –, , –
- Hazardous and Noxious Substances Convention 2010
- insurance –
- liability –
- limitation of liability , ,
- negligence –, –,
- Oil Pollution Act of 1990 (United States)
- parent/subsidiary liability –,
- partnership ,
- P&I Clubs –
- piercing the corporate veil , –
- registered owners –
- shareholder liability –
- sister ships
- subsidiaries –,
- successor corporations –
- United States –
- Amoco Cadiz incident –
- 1984 Protocols, led to –
- alter egos, liability of –
- associated parties, liability of –
- Civil Liability Conventions
- common law, liability at –, –, –, –,
- economic loss –
- fixed costs
- incident, summary
- intervention –
- litigation in United States, summary
- managers, liability of , , , , ,
-
negligence –, , , , ,Page 1330
- operators, liability of –
- parent company, liability of , –, , ,
- salvage
- Angling clubs –
- Antarctic. see Polar operations
- Anti-fouling Convention
- Anti-fouling systems –
- Aquacultural stocks , –
- Aquatic invasive species , –
- Arbitration
- Arctic. see Polar operations
- Area Contingency Plans –
- Area exercises –
- Arrest of ships
- Asset Conservation Act (United States) , –
- Assignment
- Automatic ship identification systems (AIS)
- Autonomous craft
- Autopilots
- Average. see General average, Particular average
- Ballast and ballast voyages
- Ballast Water Management Convention (International Convention for the Control and Management of Ships’ Ballast Water and Sediments)
- Ballast water management in US –, –
- Baltic and International Maritime Council (BIMCO) , , , , , –, , , , , –, , , , ,
- Bareboat charterers
- Civil Liability Conventions
- clean-up costs –
- damages –
- Fund Conventions , , ,
- Hazardous and Noxious Substances Convention 2010
- indemnities –
- instructions ,
- insurance –,
- joint and several liability , –, –,
- lender liability
- liability –
- negligence
- Oil Pollution Act of 1990 (United States) –, ,
- P&I Clubs
- recourse liability –
- responsible party –, –,
- standard forms , –,
- strict liability
- Barges –,
- Basel BAN Amendment. see Basel Convention on Transboundary Movements of Waste
- Basel Convention on Transboundary Movements of Waste –. see also Shipment of waste
- Basel BAN Amendment –
- civil liability and compensation
- control of movements between contracting states –
- criminal liability and public law obligations
- OECD Decision –
- recycling of ships –
- movements permissible subject to controls –
- non-compliance with
- prohibition of movements –
- plastic waste –
- scope –
- “wastes”, meaning ,
- wastes from ship operations –
-
Bilge waterPage 1331
- BIMCO (Baltic and International Maritime Council) , , , , , –, , , , , –, , , , ,
- Birds
- Blue cards , , –, –, , –. see also P&I Clubs
- Bridge-to-Bridge Radio Telephone Act 1971 (United States)
- Brussels Collision Convention. see Colliding ships
- Brussels Conference 1969 –
- Brussels Conference 1971 –
- Bulk carriers , –, , –
- Bunker emission clauses –
- Bunker pollution , –, –. see also Bunkers Convention
- double bottoms , –, ,
- bulk carriers , ,
- bunkering operations –
- claims manual
- certification –, –, –
- Civil Liability Convention 1992 –, , –, –
- clean-up , –, –, , , , , , –,
- clean-up costs –
- financial security –, –, , –, –
- container ships
- costs –
- dry cargo ships
- environmental damage –, , –,
- fishing vessels
- Fund Convention 1992 ,
- general average
- IOPC Funds, unidentified ship –
- limitation of liability , , , , –, –, , , , , , –, ,
- national laws , , ,
- negligence ,
- Oil Pollution Act of 1990 (United States)
- pollution damage
- prevention
- preventive measures –, –, –
- property damage
- public authorities –
- salvage
- “ship”
- spills during bunkering operations , , , ,
- strict liability , –,
- tankers –
- technical issues , , ,
- threat removal –, –, –
- unidentified ship, IOPC Funds –
- Bunkers Convention 2001 –, , –, –, , –, –
- Admissibility of claims ,
- background –
- “bunker oil” –
- certification –, –, –
- channelling provisions, absence of ,
- charterers ,
- Civil Liability Convention 1992, relationship with ,
- Diplomatic Conference, 2001 , ,
- financial security –, –, –
- geographical scope –
- “incident”
- insurer , –, , –,
- judgments, recognition and enforcement
- jurisdiction of courts
- liability
- insurer –
-
limitation of liability –Page 1332
- offshore operations and craft, applicability to
- parties liable
- “pollution damage”
- responder immunity, absence of , –
- salvors ,
- scope of liability”
- “ship”
- travaux préparatoires –
- time limit for claims
- Camp sites , , ,
- Canada
- Carbon dioxide emissions
- Carbon monoxide
- Cargo. see also Cargo interests
- Cargo interests
- clean-up costs –
- Civil Liability Convention 1992 –, , –
- contracts –
- costs –
- CRISTAL –
- Fund Convention 1971 –
- IOPC Funds , –, –, –, –, –, –
- liability –
- limitation of liability –
- negligence –, –,
- Oil Pollution Act of 1990 (United States) –, ,
- ownership –
- potential liability –
- recourse liability –
- response costs –
- sale contract terms
- salvage
- title , ,
- Carriage by sea
- Catastrophe losses, effect on reinsurance of P&I risks
- Causation. see also Proximate cause
- Cedre , , ,
- CERCLA (United States)
- act of God
- act of war –
- acts or omissions of third parties –
- administrative orders –
- administrative record
- alter egos –
- ambient defence
- “arbitrary and capricious” standard –
- Certificates of Financial Responsibility
- claim provisions
- consumer products
- contribution –
- criminal offences –
- de minimis defence
- economic loss
- facilities , –, –
- financial responsibility –
- guarantors –
- Intervention on the High Seas Act (United States) –
- joint and several liability , ,
- judicial review –
- legislative history –
- lender liability –
- limitation of liability
- mini-Superfund
- National Contingency Plan
- National Priorities List , ,
- natural resource damage
- operators –, ,
- penalties, under. see Fines
- petroleum exclusion
- record of decision
- recovery actions –
-
relationship to other lawsPage 1333
- “release”
- remedial actions –
- removal action , , , –
- reopener provisions
- response actions –
- risk assessment –
- Santa Clara , , , –,
- section 106 orders –
- ship managers
- shipowners –
- state law
- statute of limitations –
- strict liability –
- “sufficient cause” –
- Superfund –
- Superfund Amendments and Reauthorization Act (SARA) , –, , ,
- third parties –
- Certificates of Financial Responsibility
- Certification. see also Certificates of Financial Responsibility, Financial security
- Charterers –. see also Bareboat charters
- acts or omissions –
- Aegean Sea –, –
- Athos I, –, –
- assignment –
- bunker spills , ,
- Bunkers Convention 2001 , , ,
- causation
- CERCLA (United States) –,
- channelling provisions –, –, , –,
- charterparty clauses –
- Civil Liability Convention –, , , –, –, , –
- clauses –
- common law
- compensation –, –
- contracts , –, –
- contributions –, –
- controls on ship safety standards –
- costs –
- damages , –
- dangerous goods –, –
- defences
- delay –
- delegation
- due diligence –, , –, –, –
- employment clause –
- environmental damage , , , –
- expenses –
- financial responsibility , ,
- Fund Conventions , , –, ,
- hazardous and noxious substances , –, –, –
- Hazardous and Noxious Substances Convention 2010 , –
- HNS Fund , , –
- inadequate stowage –
- indemnities , –, –. –, , –
- inspection –, –, –, –
- insurance –
- IOPC Funds –
- joint and several liability –,
- law of individual states –
- liability –
- liability for waste disposal , –,
- limitation of liability –, , , –
- negligence –
- negligent choice of carrier –
- OCIMF , –, –. see also OCIMF
- Oil Pollution Act of 1990 (United States) , –, , –, ,
- oil transfer operations
- “operators” –
- orders , –
- P&I Clubs , , , –, –, ,
- personal injuries
- potential liability –
- potentially responsible parties
- pre-emption provisions , ,
- prevention , , , , , , , , , , –,
- property damage ,
- reasonableness
-
recourse liability , –Page 1334
- recovery –
- reimbursement , –
- remedies
- response , –
- response measures , –, responsible parties –, , –,
- safe berths –
- safe ports –
- shipowners , –
- stowage –
- strict liability –
- subrogation –, –
- substandard vessels –,
- terminal operator, liability as –
- third parties , ,
- time charterparties –, –, –
- US State law –
- unsafe berths –
- unsafe ports –
- vetting programmes , , , , , –, –
- vicarious liability
- voyage charterparties –, –, –
- warranties –, –,
- wreck removal , , ,
- Charterparty clauses –
- Charts
- Chemicals
- Civil Liability Conventions 1969 and 1992 (CLC) –
- CLC
- CLC
- act of God. see natural phenomenon
- acts or omissions of claimants –
- admissibility of claims. see claims
- agents of shipowner, liability excluded by –
- arrest –
- background , –, –, –, –
- bareboat charters
- builder, liability not excluded by , ,
- bunker spills , , –, –
- cases not covered by Conventions
- causation –
- certification , –
- channelling provisions. see exclusion of other remedies
- charterers
- charts, as navigational aids
- claims
- classification societies –
- clean-up operations
- colliding ship, owner of –
- collision –,
- combination carriers –, –
- CMI Guidelines on Oil Pollution Damage , ,
- compensation
- compulsory insurance. see financial security
- conduct of owner barring limitation –
- consistent application, importance of , , , , ,
- contamination. see also Environmental damage
-
clean-up operations –Page 1335
- corporate veil , –
- costs of clean-up operations and preventive measures
- criteria for admissibility of claims. see claims, Criteria for admissibility of claims (IOPC Funds)
- default in maintenance of navigational aids. see maintenance of navigational aids
- definitions –
- denunciation of CLC
- direct action against insurer –
- economic loss. see also Economic loss
- enforcement of judgments –, –,
- entry into force –, –
- exceptions to liability ,
- act or omission of claimant
- natural phenomenon –, –
- malicious acts –
- default in maintenance of navigation aids –
- exclusion of other remedies (channelling provisions)
- exclusive economic zone , –, , –, –
- fault –, –
- financial limits
- financial security –, –, –, –, , –, –, –
- fisheries. see contamination, Fishing and related industries
- Fund Convention, relationship with –
- general average, relationship with
- geographical scope –
- guarantors –, , –
- health claims
- incident
- indemnity, insurer’s right of against shipowner , , ,
- insurance
- insurer, direct liability of –
- interim payments –, –, –
-
International Maritime Organization –, –, –, ,Page 1336
- intervention
- joint and several liability , , –, –
- judgments
- jurisdiction of courts
- lender liability –
- liability –, –
- lights –
- Limitation Convention 1976
- limitation fund
- limitation of actions
- limitation of liability
- loss of profit. see also Economic loss
- maintenance of navigational aids, default in. see exceptions to liability
- malicious acts. see exceptions to liability
- marine environment, claim for damage to, admissibility –
- mobile offshore units , , –
- natural phenomenon. see exceptions to liability
- natural resources. see marine environment
- navigational aids, default in maintenance of. see exceptions to liability
- negligence –, –, –, , –
- occurrence
- oil
- oil barges –
- owner, definition –
- P&I Clubs , , –
- parties liable under –
- persistent oil, definition –
- personal injury –, –, –, –
- piercing the corporate veil , –
- pilots –
- pollution damage
- port state control –, , –
- preventive measures –, –, –, –
- property damage
- Protocol 1976 –
- Protocol 1984 –
-
Protocol 1992Page 1337
- proximate cause
- proximity
- public authorities. see also clean-up operations, Clean-up, Clean-up costs
- pure economic loss. see Economic loss
- “pure threat” situation. see incident, pre-spill costs
- ratification, 1992 Protocol
- recognition of judgments –, –
- recourse, owner’s rights of
- registered owner –,
- relationship between conventions
- remedies
- residues, meaning of –
- revision
- sale and leaseback, liability of owner ,
- salvage. see salvors, Salvage
- salvors
- scope of –
- ship
- background , –
- combination carriers (OBOs) –
- consideration by IOPC Funds –
- definition –
- incident involving two or more ,
- oil barges –
- preparatory works –
- residues, meaning of –
- seagoing vessel and seaborne craft, meaning of –, –
- small
- state-owned ships ,
- tanker in ballast ,
- unladen vessels –
- vessels adapted for carriage of oil ,
- vessels carrying cargo other than persistent oil –
- vessels used for storage –
- vessels used for storage and carriage –
- warships
- ship builders
- ship financiers
- ship managers –
- shipowners
- small tankers , , ,
- state immunity , –
- state-owned ships ,
- status in contracting states –
- strict liability –,
- sunken wrecks
- terminal operators –
- territorial sea –, , –, –, –, –, –, –
- terrorism –, –, –,
- time limit for proceedings –,
- tonnage –
- transitional period , , ,
- two or more ships ,
- two-tier system ,
- unladen vessels –
- war risks , , –
- warships
- wilful misconduct
- wrecks
- Civil Liability Directive (EU)
- Claims. see also Damages, Legal proceedings
- admissibility
- criteria, IOPC Funds –, –, –, , –, –, –, –, –
- general principles –
-
guidelines, CMI , ,Page 1338
- national courts, role of
- policy considerations –, –
- uniform system, reasons for –
- domestic laws –, –, –, –, , –, –
- Hazardous and Noxious Substances Convention
- Oil Pollution Act of 1990, see United States
- manual. see Claims Manual (IOPC Funds)
- pollution compensation regimes
- admissibility –
- Bunkers Convention
- Civil Liability Convention 1992 –, , –, –
- Fund Convention 1992 , , , –
- clean-up costs. see Clean-up costs
- economic loss. see Economic loss
- general principles –
- IOPC Funds’ admissibility criteria –, –, –, , –, –, –, –, –
- natural resources, damage to. see Natural resources
- property damage. see Property Damage
- preventive measures. see Preventive measures, Clean-up costs
- settlement procedures –
- pollution damage. see pollution compensation regimes
- removal costs. see United States
- technical considerations –
- United States
- wreck removal , , –, –
- admissibility
- Claims Manual (IOPC Funds) , –
- Class actions
- Classification societies
- CLC. see Civil Liability Conventions 1969 and 1992
- Clean Air Act (United States) –,
- Clean ballast tanks (CBTs) ,
- Clean-up. see also Clean-up costs, Preventive measures
- bulk oil
- contamination
- dispersants –
- onshore operations
- offshore operations
- personal injuries, clean-up workers ,
- public authorities –
- reasonableness –,
- recovery of oil at sea
- rehabilitation of wildlife
- repairs
- response measures in the United States , –, –
- restoration –,
- salvage –
- shipowners
- shoreline operations –
- technical issues ,
- Clean-up costs –
- bareboat charterers
- bunker spills
- cargo owners –, –, ,
- CERCLA (United States) –, –, –
- charterers
- claims –, –
- Clean Water Act (United States) , , , , ,
- commercial tensions
- contractors , , , , , , ,
- deductions
- definition
- economic loss ,
- equipment –
- expenses , , ,
- fines
- financial responsibility ,
- Fund Conventions , , , –, –
- general average –
- government authorities
- Hazardous and Substances Convention –, –
- indemnities –,
- interest groups
- IOPC Funds –, –, –, –, –
- lender liability –
- limitation fund ,
- limitation of actions –, , , –
- limitation of liability –
- measures taken by contractors ,
- national laws ,
-
oil companies ,Page 1339
- Oil Pollution Act of 1990 (United States) –, –, –, –, –
- Oil Spill Liability Trust Fund , , , , , , ,
- OPRC Convention 1990
- OPRC-HNS 2000 ,
- overhead –, , ,
- owners’ expenses –, –
- P&I Clubs –
- persons entitled to claim –
- plant , , –, , ,
- prevention
- reasonableness –,
- US hazardous and noxious substances
- VAT
- volunteers
- Clean Water Act (United States) , –, –, –, –, –, –
- administrative penalties ,
- aquatic invasive species –
- ballast water management –, –, –
- causation
- causes of discharge , ,
- CERCLA –
- clean-up costs –
- criminal offences –, –, –
- damages –
- defences ,
- enforcement –
- Environmental Protection Agency , –, , , , , –, , , ,
- exclusive economic zone , –, , –, –
- financial responsibility –
- fines ,
- hazardous substances , , , , , , , , , , , , , ,
- immunity ,
- knowledge , , , ,
- liability , , , ,
- limitation of actions –, , , –
- limitation of liability , ,
- masters
- mobile offshore units , , –
- National Contingency Plan
- natural resources –, –
- negligence –, –, –, , –
- notice ,
- “oil” –
- Oil Pollution Act of 1990 (United States) –, –, –, –, –
- P&I Clubs , ,
- penalties –
- pre-emption provisions , ,
- pre-spill costs , , ,
- prohibited discharges –
- property damage
- reporting –
- response –, –, –
- “significant harm to the environment” ,
- state law , , , –
- strict liability –,
- third parties –
- threats of discharge ,
- US Coast Guard , , ,
- US hazardous and noxious substances
- “vessels”
- wilful misconduct –, –
- Climate change. see Greenhouse gas emissions
- Clingage ,
- CMI. see Comité Maritime International
- Coal , , ,
- Coastal state control –
- Coastal states
- COFR. see Certificates of financial responsibility
- Colliding ships –. see also Collision Convention
- admissibility of pollution claims
- apportionment of blame –
- Collision Convention. see Collision Convention
- contribution, liability to pay
-
domestic laws –Page 1340
- financial security –, –, –, –, , –, –, –
- innocent cargo rule ,
- insurance of liabilities
- IOPC Funds, subrogation rights arising from –, –
- liability for claims
- by parties suffering pollution damage
- by owners of colliding ship
- limitation of liability
- Maritime Conventions Act 1911 (UK) , ,
- non-contracting states, application in –
- parties suffering pollution damage –
- pollution caused by both ships
- recourse claims by compensation bodies –
- Running Down Clause (RDC) ,
- spilling and non-spilling ships
- time limits
- traffic separation schemes (TSS) ,
- Collision Convention
- Collision insurance
- expenses –
- liability to third parties –
- COLREGs (International Regulations for Preventing Collisions at Sea) –
- Combination carriers –
- Comité Maritime International (CMI)
- Bunkers Convention
- Civil Liability Convention 1969 , –
- Colloquium, Genoa (1992)
- comparative law study , –, ,
- Conferences
- (1969), Tokyo
- (1981), Montreal
- (1990), Paris
- (1994), Sydney
- (2016), New York
- details of –
- Guidelines on Oil Pollution Damage , ,
- Hazardous and Noxious Substances Convention ,
- IMO Guidelines on Fair Treatment of Seafarers
- Limitation of Liability Convention 1976 (LLMC) , ,
-
Salvage Convention 1989 , , ,Page 1341
- York-Antwerp Rules. see General average, York-Antwerp Rules
- Communications equipment
- Companies
- Comprehensive Environmental Response, Compensation and Liability Act 1980 (United States). see CERCLA
- Compromise. see Settlements
- Compulsory insurance. see financial security
- Conciliation ,
- Conflict of laws
- Consequential loss
- Constructive total loss , , , , ,
- Containers
- Contaminated sites –, ,
- Contiguous zones
- Continental Shelf
- Contingency plans. see also National Contingency Plan
- Contract Regarding an Interim Supplement to Tanker Liability. see CRISTAL
- Contractors
- Contracts. see also Contractors, Privity of contract
- Contribution
- Contributory negligence
- Control of Harmful Anti-fouling Systems on Ships –
- Convention. see Treaties and conventions
- Coral reef damage , , –
- Covid-19 pandemic
- Crew. see Manning
- Criminal liability –
- air pollution –
- bail
- custodial penalties, restrictions on
- defendants , ,
- detention of seafarers
- Amorgos , , ,
- Erika , , ,
- Hebei Spirit ,
-
Nissos Amorgos , ,Page 1342
- Prestige , , , , , –
- Tasman Spirit , ,
- discharge of garbage ,
- discharge of harmful substances in packaged form
- discharge of noxious liquid substances
- discharge of oil –,
- discharge of sewage , ,
- domestic laws –, –, –, –, , –, –
- dumping of waste –
- EU Directive on Criminal Sanctions for Ship-source Pollution –
- evidence –
- fair treatment of defendants
- French legislation –
- imprisonment, restrictions on –
- London Dumping Convention 1972, under , –,
- MARPOL and domestic laws –
- MARPOL Annexes I and II, under –
- MARPOL Annexes III–VI, under –
- national laws. see domestic laws
- penalties –
- aggravating and mitigating factors , ,
- custodial penalties, restrictions on
- false statements
- imprisonment, restrictions on –
- internal waters, offences in
- level –
- mitigating factors , , . see also aggravating and mitigating factors
- maritime safety issues
- obstruction of justice
- types –
- violation of laws other than for prevention of pollution –
- regional laws. see domestic laws
- SOLAS, under ,
- United States –. see also Criminal liability (United States)
- Criminal liability (United States)
- alcohol testing –
- Assimilated Crimes Act
- birds
- casualty investigation , , ,
- CERCLA (United States)
- civil liability and
- Clean Water Act (United States) –
- Coast Guard role in investigations – “
- “contiguous zones”
- corporate officers and directors
- corporations –
- criminal fines –
- defences
- directors
- “discharge of pollutant” ,
- drugs , ,
- enforcement ,
- evidence –
- Exxon Valdez –
- false information , –
-
Federal Sentencing Guidelines –Page 1343
- federal statutes –
- fines –
- Fifth Amendment –
- formal marine casualty investigations , , ,
- general criminal statutes
- hazardous waste –
- immunity
- inspections –
- ISM Code , , ,
- knowing endangerment
- knowledge ,
- Law of the Sea Convention , ,
- legal representation
- loss doubling provision
- manning –
- Marine Board of Investigation
- “marine casualty” –
- marine casualty investigations , , ,
- MARPOL –, –
- Migratory Bird Treaty Act (United States) –
- National Pollution Discharge Elimination System
- natural resources , , , , ,
- “navigable waters” –, –
- negligence –, –, –, , –
- notice
- “ocean”
- Oil Record Book –,
- oily water separators ,
- P&I Club
- penalties –
- “person”
- “point source” , ,
- “pollutant” , , –,
- Ports and Waterways Safety Act (United States) –
- refuse
- Refuse Act –
- reporting , –, , ,
- “responsible corporate officer” –
- Rivers and Harbors Act 1899 (United States) –, –
- self-incrimination , ,
- Sentencing Reform Act –
- strict liability –,
- territorial sea –, , –, –, –, –, –, –
- Thompson memorandum
- United States , –, –
- US Coast Guard , , –
- wildlife
- Criminalization
- CRISTAL –
- Criteria for admissibility of claims (IOPC Funds)
- Crude oil washing –
- Cyber risks
- “Damage” (Hazardous and Noxious Substances Convention 2010), definition –, –
- Damage to property. see Property damage
- “Damage to the environment” (Salvage Convention 1989). see also Salvage
- Damages
- alter egos –
- bareboat charters , ,
- bunker spills ,
-
carriage of, SOLASPage 1344
- CERCLA (United States) –
- charterers –
- charterer’s liability –, –
- claims –
- contracts –
- dangerous goods see also Hazardous and noxious substances, Hazardous and Noxious Substances Convention 2010, IMDG Code
- double recovery
- economic loss –
- financial responsibility –, –
- lender liability –
- limitation of actions –, , , –
- measure of
- natural resources –, –
- negligence –, –, –, , –
- nuisance –
- Oil Pollution Act of 1990 (United States) –
- P&I Clubs
- punitive –,
- recourse action by shipowner –
- Refuse Act (United States) –
- trespass to land
- United States –, –, –, , –
- US state law –
- De minimis provisions , , , ,
- Declarations
-
Deepwater Horizon
- blowout preventer ,
- civil litigation , –
- contractual allocation of risk , –
- damage assessments
- economic loss
- explosion and fire , , , –, –
- dispersants , –,
- Gulf Coast Claims Facility (GCCF)
- Gulf Coast Restoration Fund
- fines and penalties , –
- Halliburton –, –, –
- incident, summary –
- investigations –
- legislative and regulatory response –
- natural resource damages –, , , , –
- OPA-90
- response to incident –, –,
- settlements ,
- spill impacts –
- Transocean Holdings LLC (Transocean) –, –, –, –
- Deepwater Port Act (United States) –
- Delay
- Demise charters. see Bareboat charters
- Department of Homeland Security , ,
- Desalination plants
- Detention of ships
- Director of IOPC Funds. see IOPC Funds
- Directors, criminal liability
- Dismantling of vessels. see Recycling of ships
- Dispersal, natural. see Dissipation
- Dispersants, use of , ,
- Dissipation, natural , , ,
- Dissolved corporations
- Diversion of ships
- Documentary sources –
- Domestic laws. see National laws
- Double bottoms. see also Bunker spills, Double hulls
- Double hulls
- Drills , , , , ,
- Drugs , ,
- Dry cargo vessels –, ,
- Due diligence
- charterers –, –, –, –
- negligence –, –, –, , –
- safe ports –
-
stowage –Page 1345
- United States
- Dumping at sea. see London Dumping Convention 1972 and 1996 London Protocol
- Ecological damage. see Environmental damage
- Economic loss –
- angling clubs
- agriculture , , , ,
- aquaculture , , , , , ,
- bright line rule
- bunker spills ,
- business interruption –
- causation –, , –
- CERCLA (United States) –
- charterers of ships –
- civil law , –
- claims –
- clean-up –
- clean-up costs –
- commercial fishermen in United States –
- common law –, –, –, –,
- compensation
- consequential , –, –
- contamination –, –
- contracts –
- contributory negligence –, , , , , , , ,
- costs –
- damages –
- decided cases , , , ,
- definition
- delay to ships ,
- diversion of shipping
- employees , –
- false invoices –
- ferry operators –,
- fishing industry and related claims
- aquacultural establishments , , , , , ,
- box manufacturer –
- buyers , , ,
- cessation or reduction of activities
- commercial fishermen in United States –
- contamination of equipment –
- contamination of stocks fish farms , –
- contamination of water supplies
- depuration –, –
- destruction of stocks –
- diver , ,
- employees
- equipment, contamination of –
- exclusion zones
- false invoices –
- feed suppliers
- fish buyers , , ,
- fish farms , –,
- fish porters
- fish processors
- fish selling agents
- fish traders
- fishermen –,
- fishing bans
- fishing industry and related claims –
- future income, loss of –
- government orders –
- harvesting restrictions
- haulage and transport companies –
- ice factory
- interruption –, –
- invoices
- loss of market –
- marketing campaigns –
- net makers and repairers –
- offal collector
- porters
- price reduction –
- processors
- public confidence –
- public perceptions –. see also publicity
- reduced catches –
- reduced demand for goods or services –
- reduction in prices and/or sales –
- sales reduction –
- salmon, farming methods ,
- sampling –
- selling agents
-
slaughter of producePage 1346
- smolt suppliers
- stocks, contamination of
- testing
- traders –
- university study, claim reliant on
- unlicensed activities –
- water supplies, contamination of
- wild fish and other sea food –
- foreseeability –, –
- France –
- Fund Conventions , ,
- future income, loss of –
- insurance
- interference with contractual claims –
- international conventions. see also fishing industry and related claims, tourist industry and related claims, claims relating to
- invoices
- IOPC Funds –
- limitation of liability
- Lloyd’s Open Form –
- loss of income –
- loss of market –
- loss of use or enjoyment
- Louisiana , , –, –
- marketing –
- media coverage, adverse effects of , , , , , ,
- miscellaneous types of claim –
- national courts
- national laws, general principles –, –
- natural resources –, –
- negligence –, –, –, , –
- nuisance –
- Oil Pollution Act of 1990 (United States) –
- outline of problems –
- physical damage –, –, –
- pollution –,
- pollution damage , –,
- ports –
- private actions , , , –, ,
- property damage
- proprietary rights , , , ,
- proximate cause
- proximity –, –, –, –, –, –
- public perceptions –. see also publicity
- publicity , , –, –
- pure –, –, –, –, –, –, –, –
- Robins Dry Dock –, –
- Salvage Convention 1989 “damage to the environment” , , , , ,
- shipping –
- social security
- state law –, –
- strict liability –,
- technical issues , , ,
- tourist industry and related claims
- beaches, operators of facilities on –
- bed-and-breakfast accommodation
- camp sites , , ,
- car ferry operators –,
- cash-and-carry wholesaler
- establishments at uncontaminated locations in polluted areas
- establishments outside polluted area –
- ferry operators –,
- general principles –
- goods and services, suppliers of –
- hotels –
- image, loss of ,
- laundry services
- medical practice
- postcard manufacturer
- promotion campaigns –
- public bodies ,
- public perceptions –. see also Media reports, Public expectations
- restaurants –
- retailers
- “second degree” claims –, –
- self-catering accommodation
- tax revenue –
- tour operators
- tourism promotion campaigns –
- “touristic image”, loss of ,
- travel agents
- wholesale suppliers
-
traditional principlesPage 1347
- treaties and conventions ,
- United Kingdom –
- United States –
- unlicensed activities –
- yachts
- EEZ. see Exclusive economic zone
- Electronic chart display and information systems (ECDIS)
- Emergencies. see also Contingency plans
- Emissions –, –, –, –
- Employees. see also Manning
- Enforcement. see also Enforcement of judgments
- Enforcement of judgments
- Environmental damage. see also Natural resources
- assessment. see Natural resources
- bunker spills ,
- compensation. see Marine environment, Natural resources
- “damage to the environment” (Salvage Convention 1989)
- damages. see Natural resources
- ecological damages, awards , , , , , ,
- Hazardous and Noxious Substances Convention 2010
- Oil Pollution Act of 1990 (United States) –
- policy considerations –, –
- post-incident studies –
- salvors. see also Salvage
- duties of salvor –
- duties of shipowner and other parties –
- efforts to prevent or minimise pollution damage
- liability for pollution damage , , ,
- moral damages, awards , , , , ,
- Tank Vessel Act 1936 (United States) –
- technical issues , , ,
- Environmental Protection Agency (United States)
- Equipment –
-
Erika incidentPage 1348
- cargo owner, liability for pollution , –, ,
- changes in law and practice, led to
- charterer, liability for pollution
- CLC 92 and Fund Convention 1992
- criminal proceedings
- disposal of waste –
- ecological damages –
- economic loss –
- Erika I –
- Erika II , , ,
- Erika III ,
- EU Waste Framework Directive, liability under –
- fair treatment of defendants
- incident, summary –
- major oil company
- moral damages , , , ,
- Third Intersessional Working Group, 1992 Fund –, , , ,
- vetting procedures –
- waste, disposal –
- Escort vessels , , , , ,
- EU Directive on Criminal Sanctions for Ship-source Pollution –
- EU Ship Recycling Regulation –
- EU Waste Shipment Regulation –
- Exclusive economic zone (EEZ)
- Bunkers Convention , –, –, , –,
- Civil Liability Convention 1992 –, , –, –
- concept of, created by UNCLOS , , , , , , , –,
- definition –
- enforcement jurisdiction in , , , , , ,
- establishment, notification ,
- financial responsibility –, –
- fisheries
- Fund Convention 1992
- Hazardous and Noxious Substances Convention 2010 ,
- intervention –, –
- IOPC Funds
- legislative jurisdiction in –, –
- lightering –
- Oil Pollution Act of 1990 (United States) , , , –, ,
- pollution preventive standards
-
regulation in EEZ by port and coastal states –,Page 1349
- standards. see pollution preventive standards
- state intervention –
- transshipment , , , ,
- United States , , –, ,
- Wreck Removal Convention –
- Exercises , –
- Explosions
- Export controls on waste shipments –
- Exxon Valdez incident –
- Facilities
- Fair treatment of seafarers –. see also Criminal liability
- False invoices –
- Federal Water Pollution Control Act (United States). see Clean Water Act
- Ferries , ,
- Finance. see Ship finance
- Financial responsibility. see also Certificates of Financial Responsibility, Financial security
- bunker spills ,
- CERCLA (United States)
- charterers –
- clean-up costs –
- damages –, –
- evidence –
- exclusive economic zone , –, , –, –
- fines
- fleet certificates
- guarantors –, , –
- hazardous substances –
- insurance –
- jurisdiction –
- legal proceedings –, –
- lender liability –
- letters of credit
- navigable waters –, –
- notice
- offshore facilities
- Oil Pollution Act of 1990 (United States) , –
- operators –
- Outer Continental Shelf Lands Act Amendments (United States) –
- penalties
- responsible party –,
- self-insurance
- service of process
- shipowners –
- state law
- sureties
- tonnage –
- Trans-Alaska Pipeline Authorization Act (United States)
- Financial security. see also Arrest, Financial responsibility, Guarantors, Security
- Fines and penalties
- CERCLA (United States) –, , –
- clean-up costs –
- Clean Water Act (United States) –
- criminal offences –, –, –
- Federal Sentencing Guidelines –
- financial responsibility –, –
- hazardous waste –
- loss doubling –
-
New York and Other Harbors Deposit of Refuse Prohibition Act 1888 (United States)Page 1350
- Oil Pollution Act of 1990 (United States) –
- P&I Club cover –
- Refuse Act (United States) –
- Sentencing Reform Act 1984 (United States) –
- wrecks –, –
- Fires
- Fishing and related industries. see also Fishing vessels
- aquacultural establishments , , , , , ,
- bans
- box manufacturer –
- buyers , , ,
- cessation or reduction of activities
- Civil Liability Convention –
- claims by –
- commercial fishermen in United States –
- contamination of equipment –
- contamination of stocks
- contamination of water supplies
- criminal offences –, –, –
- depuration –, –
- destruction of stocks –
- diver , , , , , , ,
- economic loss –
- employees , –
- equipment –
- exclusion zones
- exclusive economic zone , –, , –, –
- false invoices –
- feed suppliers
- fish farms , –,
- fishermen –,
- foreseeability –, –
- Fund Convention 1971 –
- future income, loss of –
- goods and services, reduced demand for –
- government orders –
- harvesting restrictions
- haulage –
- ice factory
- interruption –, –
- invoices
- IOPC Funds –
- licensing –
- loss of future income –
- loss of market –
- loss of profits –, –
- marketing –
- National Contingency Plan
- national laws –
- natural resources –, –
- net makers and repairers –
- offal collector
- porters
- price reduction –
- processors
- proof
- property damage
- proximity –, –, –, –, –, –
- public confidence –
- public perceptions –
- publicity , , –, –
- reduced catches –
- reduced demand for goods or services –
- reduction in price and/or sales –
- related industries –, –
- remoteness
- Fishing vessels
-
Flag state control –Page 1351
- Fleet Factors –
- Floating offshore wind turbines (FOWTs). see Offshore craft
- Floating platforms. see Offshore craft
- Floating production, storage and offloading units (FPSOs). see Offshore craft
- Floating storage units (FSUs). see Offshore craft
- “Flying Dutchmen”
- Foreseeability
- Forum non conveniens , , –,
- FPSOs. see Offshore craft
- Friends of the Earth –
- FSUs. see Offshore craft
- Fund Conventions 1971 and 1992 , , . see also Civil Liability Conventions 1969 and 1992, IOPC Funds
- Fund Convention 1971
- Fund Convention 1992
- arrest of ships, relevance to –
- bunker spills , . see Civil Liability Conventions 1969 and 1992
- cases not covered by
- charterers
- consistent application, importance of , , –, ,
- contributions. see IOPC Funds
- CRISTAL, comparison with –
- criteria for admissibility of claims. see Criteria for admissibility of claims (IOPC Funds)
- economic loss. see Economic loss
- enforcement of judgments against shipowners –, –,
- entry into force –, –
- exclusive economic zone , –, , –, –
- financial limits. see limit of Funds’ liability
- geographical scope
- incident. see Civil Liability Conventions
- interest
- International Maritime Organization –, –, –, ,
- IOPC Funds. see IOPC Funds
- limit of Fund’s liability –
- amounts , , , , –
- conversion into national currency –, –
- distribution of available compensation , –
- natural phenomenon –, –
-
interest, effect of. see interestPage 1352
- unit of account –
- limitation of actions. see time limit for proceedings
- mobile offshore units , , –
- mystery spill. see unidentified ship, pollution from
- natural resources. see Marine Environment
- oil barges –
- owner, definition –
- persistent oil –
- pollution damage, definition (as per CLC 92) , –,
- preventive measures. see Civil Liability Conventions
- property damage
- Protocol 1984 –
- Protocol 1992
- purpose
- receivers of oil. see IOPC Funds
- recourse, subrogation to rights of owner , , –, , ,
- relationship between Fund Conventions
- salvage and related operations
- ship
- ship owners, definition. see owner
- subrogation , , –, , ,
- time limits for proceedings
- transitional period , , ,
- unidentified ships, pollution from –
- Working Groups. see IOPC Funds, Intersessional Working Groups
- Garbage –,
- Gas industry. see Oil and gas industry
- General average
- bunker spills ,
- burden of proof
- cargo –
- Civil Liability Conventions –
- clean-up costs –
- collision –,
- Comité Maritime International
- common safety provisions
- contributions –
- costs –
- enhanced awards to salvors
- expenses –, ,
- Fund Conventions , –,
- guarantors –, , –
- insurance –
- Institute Time Clauses (Hulls) –
- IOPC Funds
- marine property insurance –
- P&I Clubs , , ,
- ports
- precautions –
- preventive measures , –, –
- purpose of measures –, –
- repairs
- response –
- Rule Paramount
- sacrifice
- salvage –
- Salvage Convention 1989 , , , , ,
- special compensation –
- Sydney Compromise , , ,
- third parties , ,
- total loss –
- York-Antwerp Rules
- General Excess Loss Reinsurance Contract –
- “Ghost Ships” , , , –
- Gold franc
- Governing law
- Government authorities. see also Public authorities
- admittance to ports ,
- enforcement. see Enforcement
- international compensation Conventions
-
contributory negligence –, , , , , , , ,Page 1353
- default in maintenance of navigational aids –
- fishing and related industries
-
- intervention. see Intervention Convention 1969
- official orders, cost of complying with
- P&I cover ,
- particular average
- Pollution Hazard Clause –
- preparedness, response and co-operation. see OPRC 1990, OPRC-HNS 2000
- United States
- Greenhouse gas emissions
- Greenpeace , , , , , –,
- Group actions. see Class actions
- Guarantees. see also Guarantors
- Guarantors. see also Guarantees
- Guidelines
- Gulf of Mexico –
- Gulf War ,
- Habitats
- Hazardous and noxious substances. see also Hazardous and Noxious Substances Convention, Hazardous waste, US hazardous and noxious substances
- abnormally dangerous activities
- CERCLA (United States) –, , –
- certification –, –, –, –, –, , , –, , , , –, –,
- charterers –
- clean-up
- clean-up costs –
- Clean Water Act (United States) , –, –, –, –, –, –
- containers ,
- Dangerous Cargo Manifest ,
- DOT Regulations
- EU Environmental Liability Directive 2004 –
- financial responsibility –, –
- fines –
- Hazardous Materials Transportation Uniform Safety Act (United States)
- IMDG Code ,
- labelling , , –,
- natural resources –, –
-
non-persistent oilPage 1354
- Oil Pollution Act of 1990 (United States) –, –, –, –, –
- OPRC 1990 , , , , , , , , –
- OPRC-HNS 2000 ,
- penalties
- Ports and Waterways Safety Act (United States) –
- property damage
- registration statement
- response measures in the United States , –, –
- stowage –
- Tank Vessel Act 1936 (United States) –
- terrorism –, –, –,
- Texas City Disaster , , , , ,
- training –
- transport –, –
- undeclared hazards
- uniformity
- Hazardous and Noxious Substances Convention (HNSC)
- HNSC 1996
- HNSC 2010
- acts or omissions , –, –, –
- background to and adoption of –
- ballast ,
- “Bulk HNS” , ,
- carriage by sea –
- channelling provisions , –
- charterers –
- chemicals , ,
- Civil Liability Conventions –
- claims –
- clean-up , , , ,
- coal , ,
- compensation –
- conduct –
- containers , ,
- contamination , , , , , ,
- contracts –
- contributory negligence ,
- costs –
- damage –
- declarations
- “deeming” provision ,
- definitions –
- enforcement of judgments , –,
- entry into force –, –
- environmental damage –, , –,
- excluded claims –
- excluded damage
- excluded ships –
- exclusive economic zone , , ,
- expenses –, ,
- explosions , , , –, –
- financial security –
- fires , , , –, –
- geographical scope –
- hazardous and noxious substances –
- HNS Fund –
- “incident” –
- joint and several liability , , –, –
- limitation fund ,
- limitation of liability
- mobile offshore units , , –
- negligence –, –, –, , –
- “owner”
- “pollution damage” , –,
- property damage ,
- remedies –, –,
- residues –
- scope –
- security –
- “ship”
- shipowners –
- small ships
- social security
- state-owned ships ,
- strict liability –,
- territorial sea ,
- threat removal –, –, –
- time limits
- tonnage –
- unidentified ships –
- Wreck Removal Convention
- Hazardous waste –
- Health and safety at work
- Hebei Spirit incident –
- HNS. see Hazardous and noxious substances
- HNS Fund. see Hazardous and Noxious Substances Convention (HNSC), HNSC 2010
-
Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships , –, , –Page 1355
- Hotels –
- Hull and cargo insurance ,
- Hydra Insurance Co. Ltd –
- ICS (International Chamber of Shipping) , , , –, ,
- IGS (inert gas systems) , , ,
- ILO (International Labour Organization) , , , , , , ,
- IMCO (Inter-Governmental Maritime Consultative Organization). see International Maritime Organization
- IMDG (International Maritime Dangerous Goods) Code , , –, , –
- Immunity. see also State immunity
- IMO (International Maritime Organization)
- Implementation of international law –
- Import controls on waste shipments –
- IMSAS (IMO Member State Audit Scheme)
- “Incident”
- Incident Command System –
- Incineration –
- Indemnification under Fund Convention 1971
- Indemnities
- bareboat charters , ,
- CERCLA (United States)
- charterers –
- clean-up costs –
- contribution, and –
- employment clause in time charter –
- environmental risks –
- exceptions –
- and guarantees
- insurer’s right against owner
- issues relating to –
- lender liability –
- Oil Pollution Act of 1990 (United States) –
- scope –
- Indigenous persons
- Industry controls on ship safety standards –
- Industry developments
- Industry schemes. see TOVALOP, CRISTAL, STOPIA, TOPIA
- Inert gas systems (IGS) , , ,
-
InjuctionsPage 1356
- Innocent passage –, –
- Inspections –
- Institute Clauses –, ,
- Insurance. see also Hull and cargo insurance, P&I Clubs
- bareboat charterers
- Bunkers Convention 2001 –
- cargo. see Hull and cargo insurance
- CERCLA (United States) –
- certificates of financial responsibility (United States) , –, –
- certification
- charterers
- Civil Liability Convention 1992
- collisions, pollution resulting from –
- compulsory , ,
- demise charterers
- financial responsibility under Oil Pollution Act 1990 (US) , –, –,
- financial security under international regimes –, –, –, –, , –, –, –
- general average –
- guarantors –, , –. see also financial responsibility, financial security
- Hazardous and Noxious Substances Convention 2010 ,
- hull. see Hull and cargo insurance
- industry , –, –, –
- insufficient
- law governing contract –
- lenders. see ship finance
- liability insurance. see P&I Clubs
- mortgagees. see ship finance
- offshore craft –
- Oil Pollution Act 1990 (United States) , , , , –, , , ,
- P&I Clubs –
- proximate cause
- salvage –
- ship finance –
- war risks –
- wilful misconduct –
- Wreck Removal Convention 2007 –
- Insurance Directive on the Insurance of Shipowners for Maritime Claims ,
- Insurance industry
- Interest
- Interest groups. see Special interest groups
- Inter-Governmental Maritime Consultative Organization (IMCO). see International Maritime Organization
- Interim payments
- Internal exercises –
- Internal waters
- International Association of Classification Societies (IACS) , , –
- International Association of Dry Bulk Cargo Shipowners (INTERCARGO) , , ,
- International Association of Independent Tanker Owners. see INTERTANKO
- International Chamber of Shipping (ICS) , , , , , , , , , , , , , , , , , , , ,
- International Code for Ships Operating in Polar Waters. see Polar Code (IMO)
- International Convention for the Control and Management of Ships’ Ballast Water and Sediments. see Ballast Water Management Convention
- International Convention for the Prevention of Pollution from Ships. see MARPOL
- International Convention for the Prevention of Pollution of the Sea by Oil 1954. see OILPOL
- International Convention for the Safety of Life at Sea. see SOLAS
-
International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001. see Bunkers Convention 2001Page 1357
- International Convention on Salvage 1989. see Salvage Convention 1989
- International Convention on the Control of Harmful Anti-Fouling Systems on Ships. see Anti-Fouling Convention
- International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage. see Fund Convention 1971, Fund Convention 1992
- International Convention on Tonnage Measurement of Ships 1969
- International Convention Relating to the Intervention on the High Seas in Cases of Oil Pollution Casualties. see Intervention Convention 1969
- International Group of P&I Clubs –, –. see also P&I Clubs
- International Labour Organization (ILO) , , , , , , ,
- International laws and treaties. also. see United Nations Convention on the Law of the Sea (UNCLOS), Vienna Convention on the Law of Treaties (VCLT)
- International Legal Conference on Marine Pollution Damage 1969 (Brussels) ,
- International Maritime Bureau
- International Maritime Dangerous Goods (IMDG) Code , , –, , –
- International Maritime Organization. see IMO
- International Oil Pollution Compensation Funds. see IOPC Funds
- International organisations –
- International regimes. see international laws
- International Regulations for Preventing Collisions at Sea (COLREGs) –
- International rules to prevent pollution from ships , –, –
- Control of Harmful Anti-fouling Systems on Ships –
- enforcement –
- international law of the sea
- coastal states. see regulation
- flag states. see regulation
- maritime zones
- regulation by coastal states
- jurisdiction. see international law of the sea, regulation
- Prevention of Pollution from Ships. see also MARPOL
- International Safety Management Code. see ISM Code
- International Ship and Port Facility Security Code. see ISPS Code
-
International Tanker Owners Pollution Federation Ltd. see ITOPFPage 1358
- International Tonnage Certificates –
- International treaties and conventions. see Treaties and conventions
- International Union for Conservation of Nature (IUCN) ,
- International Union of Marine Insurers (IUMI) , , , ,
- Intersessional Working Groups. see IOPC Funds
- INTERTANKO (International Association of Independent Tanker Owners , , , , , , , , , –, . see Table of Cases
- Intervention. see also Intervention Convention 1969
- state intervention. see Intervention Convention 1969, Intervention on the High Seas Act
- Intervention Convention 1969 , –
- Intervention on the High Seas Act (United States) –
- Invoices
- IOPC Funds (International Oil Pollution Compensation Funds) –. see also Fund Conventions 1971 and 1992
- Administrative Council
- Admissibility of claims, under. see Claims
- Assemblies
- claims
- compensation
- constitution
- contributions
- criteria for admissibility of claims. see Criteria for admissibility of claims
- decisions. see also Criteria for admissibility of claims
-
Director of the FundsPage 1359
- dissolution, 1971 Fund , ,
- exclusion of liability –
- Executive Committees
- finance , –
- funding by contributors. see contributions
- governing bodies. see Assemblies, Executive Committees
- headquarters ,
- indemnification
- information sources , –,
- interest
- interim payments
- Internal Regulations
- Intersessional Working Groups (1971 Fund)
- Intersessional Working Groups (1992 Fund)
- Second
- Third
- Fourth
- Fifth (HNS Focus Group)
- Seventh
- definition of “ship”, CLC , consideration of,
- legal proceedings
- liability. see compensation and exclusion of liability
- limit of Fund’s liability –
- member states , –,
- Memorandum of Understanding with International Group of P&I Clubs –,
- notification, proceedings under Civil Liability Conventions –
- object , , –
- oil, contributing. see contributions
- oil receivers –
- oil reports
- organs , –
- P&I Clubs, co-operation with , –
- purpose , –,
- recourse
-
secretariat ,Page 1360
- subrogation –. see also recourse
- Supplementary Fund. see Supplementary Fund
- time limit for proceedings –
- website , –
- winding up, 1971 Fund , ,
- Working Groups. see Intersessional Working Groups
- Invasive aquatic species ,
- ISM (International Safety Management) Code
- ISPS (International Ship and Port Facility Security) Code , , –, , ,
- ITOPF (International Tanker Owners Pollution Federation Ltd) –
- IUCN (International Union for Conservation of Nature) ,
- IUMI (International Union of Marine Insurers) , , , ,
- JCPOA (Joint Comprehensive Plan of Action) –
- Joint and several liability
- Joint Comprehensive Plan of Action (JCPOA) –
- Judgments. see Enforcement of judgments, Recognition of judgments
- Judicial review –
- Jurisdiction
- admiralty –
- archipelagic waters
- arrest –
- Bunkers Convention , –, –, , –,
- Civil Liability Conventions –
- coastal state control –
- conduct –
- courts –, –, –,
- dumping at sea –
- enforcement –, –,
- exclusive economic zone
- federal regulatory –
- financial responsibility –, –
- Hazardous and Noxious Substances Convention 2010 ,
- high seas –
- incidents affecting more than one state –
- insurance –
- internal waters
- IOPC Funds –
- liability risks –
- limitation funds , –, ,
- London Dumping Convention and Protocol –
- Oil Pollution Act 1990 (United States) –
- port state control –, , –
- recognition –
- straits used for international navigation
- territorial sea –
- Wreck Removal Convention –
- Labelling
- Law of the Sea. see United Nations Convention on the Law of the Sea (UNCLOS)
- LC, LC/LP. see Dumping at sea, London Dumping Convention 1972 and 1996 London Protocol
- Leasing , , , , –,
- Legal Committee (IMO)
-
Lender liability –Page 1361
- bareboat charters , ,
- CERCLA (United States) –, , –, –
- clean-up costs –
- Civil Liability Conventions –
- Environmental Protection Agency Final Rule –
- federal legislation –
- financial responsibility –, –
- Fleet Factors decision –
- guarantors –, , , –
- indemnities –,
- insurance –
- international compensation regimes –
- leasing –
- negligence –, –, –, , –
- Oil Pollution Act 1990 (United States) –, –
- operators –,
- owner –
- pledges
- Poseidon Principles –
- sale and leaseback ,
- security interest
- shares
- ship finance –
- state law –
- United States –
- Letters of credit
- Liability funds. see also Limitation funds
- Liens. see Maritime liens
- Lightering –
- Lights –
- Limitation of actions. see Time limits
- Limitation funds
- Civil Liability Convention 1992. see Civil Liability Conventions 1969 and 1992
- HNS Convention. see Hazardous and Noxious Substances Convention
- Limitation of Liability Convention. see Limitation of Liability Convention 1976 (LLMC)
- Limitation of liability , –, –, –, –, –, –. see also Limitation of Liability Convention 1976 (LLMC)
- acts or omissions , –, –, –
- actual fault or privity –, –
- amount of liability limit , , –,
- arrest of ships –
- background –
- bunker pollution –
- Bunkers Convention –
- calculation of limitation tonnage –
- CERCLA (United States) –, , –
- charterers –, –
- Civil Liability Convention 1992 –
- claims subject to limitation , –
- colliding ships
- compensation under the
- compensation payments by parties other than the owner or his insurer
- conduct barring –, –
- distribution of limitation fund –,
- domestic laws –
- economic loss
- Fund Convention 1971 –
- Fund Convention 1992 –
- general average –
- Hazardous and Noxious Substances Convention 2010 , ,
- interest on limitation fund –, ,
- interim payments –, –
- inter-ship proceedings –
- IOPC Funds –
- limitation funds –, –
- Limitation of Liability Act (United States)
- LLMC regime, under the –, –, –
- marine environmental claims –
- national currency, conversion into –
- national laws, position under –, –, –
- Oil Pollution Act 1990 (United States) , , , , –, , , ,
- onus of proof ,
- owners’ expenses –, –
- parties entitled to limitation –
- payments made prior to distribution of fund –,
- “personal” act or omission , –
- pilots and their employers
- pollution damage –, –, –, –
- property, damage to –
- regimes –, –
- responsible party –,
- salvors , –
- SDR ,
- “ship” –
- shipowners –
- small tankers ,
- special compensation
- state of mind of person liable , –
-
subrogation recoveries –Page 1362
- Supplementary Fund
- third parties –
- tonnage
- United States
- wreck removal –, –
- Limitation of Liability Convention 1957 –, –, –, –, –
- Limitation of Liability Convention 1976 (LLMC) –
- amount of liability limit –
- “any distinct occasion” –
- Article 2.1, –
- background –
- bunker pollution –
- charterers –
- charterers’ liabilities –
- Civil Liability Convention, relationship with –
- claims excluded from limitation –
- claims excluded by national laws –
- claims subject to limitation –
- bunker pollution –, –
- clean-up expenses and preventive measures –
- domestic laws –, –
- economic loss
- environmental damage –, , –,
- general principles –
- interpretation of Article 2.1, –
- marine environmental claims –
- owner’s expenses –
- pollution incidents, general considerations –
- property, damage to –
- recourse claim –
- shipowners –
- wreck removal –
- colliding ships
- conduct barring limitation –
- domestic laws
- excluded claims. see claims excluded from limitation
- Hazardous and Noxious Substances Convention 1996 and 2010
- limitable claims. see claims subject to limitation
- limitation fund –
- limitation of bunker pollution claims –
- limitation of liability –
- LLMC Protocol. see Protocol 1996
- onus of proof
- parties entitled to limit liability –
- Protocol 1996 –
- “ship” –
- special compensation –
- tonnage –
- travaux préparatoires –
- wreck removal –, –
- Limitation periods. see Time limits
- Litigation. see Legal proceedings
- Load on top (LOT) system –
- Local authorities. see Public authorities
- LOF. see Lloyd’s Open Form
- London Dumping Convention 1972 (LC) and 1996 London Protocol (LP) –
- alternative means of disposal –, –
- contamination risks –
- controls –
- emergencies –
- enforcement –
- explosion risks
- force majeure –
- high seas, dumping on
- jurisdiction
-
permitsPage 1363
- pollution avoidance –
- prohibitions (black list)
- reasons of health or safety of life –
- scheme –
- scope of application –
- “waste”, definition –
- UNCLOS , , –,
- Long range identification and tracking systems (LRIT)
- LOOP (Louisiana Offshore Oil Port) , , , , –
- Loss of image claims ,
- Loss of life –, –, –, –, –
- Loss of profit
- Loss of use or enjoyment
- Louisiana Offshore Oil Port (LOOP) , , , , –
- LRIT (Long range identification and tracking systems)
- Magnuson Act (United States) , ,
- Malicious acts –
- Managers. see Ship management
- Manning
- MarineBio Conservation Society
- Marine Debris Co-ordinating Committee
- Marine environment. see Environmental damage, Natural resources
- Marine Environment Protection Committee (MEPC) (IMO)
- Marine insurance. see Insurance, Hull and cargo insurance, P&I Clubs
- Marine mammals, protection of
- Marine Preservation Association
- Marine property insurance. see General average, Hull and cargo insurance
- Marine Spill Response Corporation
- Maritime authorities, liability –
- “Maritime casualty”
- “Maritime lepers”
- Maritime liens
- Maritime Safety Committee (MSC) (IMO) –
- Maritime security –. see ISPS Code
- Maritime zones
- Marketing
- MARPOL (International Convention for the Prevention of Pollution from Ships) –, , –, –. see also International rules
- MARPOL , , , , –, –, –, –
-
MARPOL 73/78 , , –, –, –, –Page 1364
- MARPOL regulations as amended
- accidental discharges –, –
- amendments –
- Annex I (oil) –
- Annex II (noxious liquid substances) –
- Annex III (harmful substances in packaged forms) –
- Annex IV (sewage) –
- Annex V (garbage) –,
- Annex VI (air pollution) –
- ballast ,
- carbon intensity –
- cargo area of oil tankers, requirements for –
- cargo record book
- carriage of heavy grade oil as cargo
- certificates and certification
- cleaning agents and additives
- construction and equipment requirements –
- controlled discharges –, , –
- criminal offences –, –, –, –. see also violations
- crude oil washing
- design, construction, arrangement and equipment –
- discharges in the Antarctic area –
- discharge conditions ,
- discharge connections
- discharge of residues –
- discharge standards –
- domestic laws, relationship between –
- double bottoms –
- double hulls –,
- emission control areas
- equipment , –, –
- exceptions and exemptions , –
- fixed and floating platforms
- fuel tank protection
- garbage –,
- hazardous or noxious substances , , , , , ,
- IMDG Code ,
- implementation –
- international developments 1990–2000
- International Oil Pollution Prevention (IOPP) Certificate , , , , ,
- liability. see also criminal offences, violations
- machinery spaces, requirements for
- means of control –
- National Contingency Plan
- noxious liquid substances in bulk
- offshore craft –
- oil discharge monitoring equipment
- oil filtering equipment –
- oil record book –,
- oil residues –
- oil tankers –
- oil/water interface detector
- operational discharges –, , , –, –
- other construction requirements –
- Polar Code
- pollution from offshore operations and craft –, , , , –, ,
- port state control –, , , –
- prevention –, , , –
- pre-washes –,
- procedures and arrangements manual
- reception facilities –
- response measures , –, –
- segregated ballast tanks , ,
- segregation of oil and water ballast and carriage of oil in forepeak tanks
- Shipboard Marine Pollution Emergency Plan (SMPEP) , –
- Shipboard Oil Pollution Emergency Plan (SOPEP) , –
- sludge –
-
special areasPage 1365
- spoilt cargoes , , ,
- surveys
- Tank Vessel Act 1936 (United States) –
- technical co-operation
- US Coast Guard ,
- use or carriage of oils in the Antarctic area, special requirements –
- verification of compliance , , , , , –,
- vessel response plans , , –, –
- violations. see also criminal offences
- Masters
- Media coverage , , , , , ,
- Medical practice
- Memoranda of Understanding
- “Methodika” formula , , , , –,
- Migratory Bird Treaty Act (US)
- Misconduct. see Wilful misconduct
- Misrepresentation –
- Mobile offshore drilling units (MODUs). see Offshore craft
- Mooring fees
- Moral damages, awards , , , ,
- Mortgages
- Multi-party actions. see Class actions
- Nairobi International Convention on Removal of Wrecks 2007. See Wreck Removal Convention 2007 (WRC)
- National Contingency Plan (United States) . see also National contingency plans
- background
- CERCLA (United States) –, , –
- chemicals , ,
- clean-up orders , , , ,
- Clean Water Act (United States) , –, –, –, –, –, –
- costs –
- dispersants , ,
-
fisheriesPage 1366
- health and safety at work
- Incident Command System and Unified Command Structure –
- manning –
- National Oil and Hazardous Substances Pollution Contingency Plan –
- natural resource damage assessment
- natural resources –, –
- penalties
- Preparedness for Response Exercise Program (PREP) –
- removal action
- responsible parties –, –
- substantial threats to public health or welfare –
- threat removal –, –, –
- training –
- US Coast Guard ,
- Vessel response plans –
- volunteers
- wildlife
- National contingency plans
- National courts
- National Incident Commanders –, –
- National Interagency Incident Management System –
- National laws –, –. see State law
- National Multiagency Oil and Hazardous Materials Contingency Plans
- National Oceanic and Atmospheric Administration (NOAA) , , –,
- National Pollution Funds Center (NPFC) –, –, –, –
- National Preparedness for Response Exercise Program
- National Response Corporation
- National Response Framework ,
- National Vessel Traffic Services Regulations –. see Natural disasters. Disasters
- Natural phenomenon –
- Natural resources –
- administrative records
- admissible claims –
- assessment of damage –
- assessment plan phase –
- causation –, , –, –
- CERCLA (United States) –
- Civil Liability Convention 1969 –
- Civil Liability Convention 1992 –
- claims for environmental damage
- clean-up , , , , ,
- Clean Water Act (United States) –
- Colorado v. U.S. Dep’t of the Interior
- common law recovery of damages
- compliance with other laws
- costs –, –
- damage –, –
- damages
- Department of the Interior final rules –
- double recovery
- ecological damage, awards –
- economic loss –
- emergency restoration
- federal trustees –
- fisheries
- Fund Convention 1971 –
- funding of studies
- Habitat Equivalency Analysis
- inadmissible claims –
- IOPC Funds –
- judicial review –, –
- limitation of actions –, , , –
- loss of profits –, –,
- marine environment –
- modern international regimes, position under –
- moral damages, awards , , , ,
- natural recovery
- NOAA final rule –
- non-use rules –
- nuisance –
- Ohio v. U.S. Dep’t of the Interior –
- Oil Pollution Act 1990 (United States) –
- policy considerations –, –
- pollution damage , –,
- post-assessment phase
- post-incident studies –
- preassessment phase , –
- pre-emption provisions , ,
- pre-incident planning
- property damage
- Puerto Rico v. S.S. Zoe Colocotroni –
- reasonableness –,
- responsible party participation –,
- restoration
- scaling –
- standards –, –
- strict liability –,
- technical issues –
- time limits
- trespass
- trustees –
- Type A assessment –
- Type B assessment –
- valuation
- wildlife
- Navigation
- acts or omissions , –, –, –
- charts
- contributory negligence –, , , , , , , ,
- jurisdiction
- lights –
- navigational aides –, –
- negligence –, –, –, , –
- safety of (SOLAS)
-
saffety equipmentPage 1367
- straits used for –
- tanker –
- Negligence –, –, . see also Contributory negligence
- alter egos –
- bareboat charter , ,
- charterers –
- common law (US)
- economic loss –
- environmental damage –, , –,
- Hazardous and Noxious Substances Convention ,
- IOPC Funds
- lender liability –
- liability –
- limits of liability –
- natural resources –, –
- per se –
- Salvage Convention 1989 , , , , ,
- terminal operators –
- third parties , ,
- No cure, no pay –, –, –, –
- Noise pollution –
- Non-governmental organisations –
- Non-persistent oil
- Non-technical measures to promote quality shipping ,
- Notice
- Notification, IOPC Funds
- Noxious substances. see Hazardous and noxious substances
- Nuclear programme, sanctions ,
- Nuclear risks, insurance exclusion ,
- Nuclear ships
- Nuisance damages
- Nurdles. see plastic
- OBOs (Oil/Bulk/Ore carriers) , , –, , ,
- OCIMF (Oil Companies International Marine Forum) , , , , –, ,
- Occurrences
- OECD (Organisation for Economic Co-operation and Development). see also Shipment of waste
- Offshore craft –, –. see also Offshore operations
- Offshore facilities
- Offshore operations –. see also Offshore craft, Deepwater Horizon
- Offshore Pollution Liability Agreement (OPOL) , –
- Oil. see also Non-persistent oil, Persistent oil
- barges –
- “bunker oil” –
- bunker spills –, ,
- carriage of –, , –
- CERCLA (United States)
- Civil Liability Convention 1992 –, , –, –
- Clean Water Act (United States)
- combination carriers –
-
contributing to IOPC FundsPage 1368
- crude ,
- definition –
- discharge of –, , –, –, –
- escape of, measures to prevent or minimize –
- federal oil spill legislation
- filtering equipment –
- fuel –
- Hazardous and Noxious Substances Convention 2010 ,
- intervention –, –
- not “carried on board” as cargo or bunkers –
- Oil Pollution Act 1990 –
- Oil Record Book –,
- operational discharges of –
- property damage –
- recovery at sea
- removal –
- residues –
- response measures in the United States , –, –
- sampling and analysis of –
- state response plans
- tankers –, –
- technical issues , , ,
- transfer operations ,
- unladen vessels –
- vessels adapted for the carriage of
- vessels used for storage of oil afloat –
- washing ,
- windblown oil spray
- Oil and gas industry –, –
- Oil/Bulk/Ore carriers (OBOs) , , –, , ,
- Oil companies
- Oil Companies International Marine Forum. see OCIMF
- Oil filtering equipment –
- Oil industry. see also OCIMF
- Oil major approval clauses , –
- Oil Pollution Act of 1990 (United States) –
- Act of God –
- act of sole-fault third party –
- act of war
- alcohol testing
- bunker spills ,
- charterers –
- claims procedures –, –
- clean-up costs –
- common law –, –, –, –,
- contribution –, –
- damages –
- defences –
- discharge of oil –,
- double hulls
- drug testing
- dry cargo vessels –, ,
- economic loss –
- equipment –
- escort vessels , , , , ,
- exclusive economic zone , –, , –, –
- Exxon Valdez –
- failure to report
- federal maritime law –
- financial responsibility –, –
- fines and penalties –, –
- gross negligence –
- guarantors –, , –
- indemnities –, –,
- joint and several liability , , –, –
- jurisdiction –
- jury trial –
- legislative background
- lender liability –
- liability scheme –
- lightering –
- limitation of actions –, , , –
- limitation of liability –
- manning standards –
- mobile offshore units , , –
- navigable waters –, –
- offshore facilities
- Oil Spill Liability Trust Fund –
- property damage
- proximate cause
- punitive damages –,
- ramifications –
- refusal to cooperate
- relationship to other law –
- removal costs –
- reporting
- responsible party –,
- statutes of limitations
- strict liability , –,
- subrogation , , –, , ,
- territorial seas –, , –, –, –, –, –, –
-
third parties –, , ,Page 1369
- uniformity of laws
- venue –
- vessel communications equipment
- violation –
- wilful misconduct –, –, –
- Oil Spill Liability Trust Fund (OSLTF) , , , , , , ,
- Oil Spill Preparedness, Response and Co-operation Convention 1990. see OPRC Convention
- Oil Spill Response Organisations (OSROs) –
- Oil spill statistics –,
- Oil spray, windblown
- OILPOL , , –, ,
- Oily Water Separator Systems Task Force (OWSSTF)
- Oily Water Separators (OWS). see Oil filtering equipment
- Omnibus Rule –
- One-ship companies ,
- Onshore operations, clean-up –
- Onus of proof. see Burden of proof
- OPA–90 (United States). see Oil Pollution Act of 1990
- Operational discharges –, , , –, –
- Operators. see Ship management
- OPRC 1990, OPRC-HNS 2000 , , , , , , , –, –
- OPRC-HNS 2000. see OPRC 1990
- Organisation for Economic Co-operation and Development. see OECD
- Orimulsion
- Outer Continental Shelf Lands Act Amendments (United States) –
- Overspill calls. see P&I Clubs
- Owners. see also Shipowners
- alter ego –
- compensation payments by parties other than
- definition, Civil Liability and Fund Conventions –,
- exclusion of claims against –
- exemptions to defendants other than
- indemnity
- interest awarded on claims against
- liability , , –, , –, –, –
- limit liability –
- recovery of incident response costs incurred by –
- required to be joined in proceedings –
- rights of recovery against –
- Owners of colliding ships. see Colliding ships
- Ozone depleting substances , ,
- Packages , ,
- P&I Clubs –. see also International Group of P&I Clubs
- actual fault or privity –
- arrest of ships –
- bareboat charters , ,
- biochem. see chemical, bio-chemical and electromagnetical weapons risks
- Blue Cards –
- Bunkers Convention 2001 –
- catastrophe losses
- Certificates of Financial Responsibility under Oil Pollution Act 1990 (United States)
- certification. see financial security
- charterers –
- chemical, bio-chemical and electromagnetical weapons risks –
- Civil Liability Convention 1992 , –
- claims office –
- clean-up costs –, –
- contamination –
- contracts with members
- contracts, exclusion of liabilities arising under –
- contributions –
- co-operation with
- coral reef damage –
- costs –, –, –
- cover provided by International Group Clubs –
- damage –
- damages
- defences –
- development –
- direct action against –
- exclusions –
- expenses –, –
- Exxon Valdez –
- financial responsibility under Oil Pollution Act 1990 (United States) –
-
financial security under international regimes , –, –, –, , –, –, –. see also Blue CardsPage 1370
- fines and penalties
- Fund Convention 1971 –
- General Excess Loss Reinsurance Contract –
- geographical scope –
- guarantors –, , –
- Hazardous and Noxious Substances Convention 2010
- history –
- hull insurance, exclusion of claims recoverable under –
- illegal, hazardous and improper adventures
- IOPC Funds
- ISM Code
- land based facilities, exclusion for escape or discharge from –
- legal structure –
- liability –, –
- liability insurance –
- limitation of liability –
- limits –, –
- Lloyd’s Open Form –
- Memorandum of Understanding, IOPC Funds –
- Memorandum of Understanding, large casualties
- Memorandum of Understanding, NOAA
- misrepresentation –
- non-disclosure –
- Oil Pollution Act 1990 (United States) –
- Omnibus Rule –
- overspill
- pay to be paid
- penalties
- pollution liability risks ,
- Pooling Agreement –
- proximate cause
- punitive damages
- radioactive contamination
- reimbursement –
- Salvage Convention 1989 , , , , ,
- salvors –
- sanctions –, –
- seaworthiness –
- special compensation
- STOPIA –
- sue and labour expenses –
- terrorism –, –, , –,
- third parties , ,
- TOPIA –
- TOVALOP –
- unpaid calls
- unseaworthiness –
- war risks , , , –
- warranties , –, –,
- wilful misconduct –
- wreck removal –
- Wreck Removal Convention 2007 –
- Parens patriae doctrine
- Parent/Subsidiary liability –
- Paris Memorandum of Understanding , –
- Partial loss
- Particular average
- Partnerships , , , , –,
- Pennsylvania Rule
- Persistent oil. see also Non-persistent oil
- Personal injuries
- Piercing the corporate veil , –
- Pilots –
- Pipelines , , , , , , , ,
- Places of refuge for ships –. see also Ports of refuge
- IMO Guidelines –,
-
independent body –Page 1371
- political level –
- practice of states –
- Plant , , –, , ,
- Plastic –
- Pleasure craft –,
- Pledges
- Poincaré francs. see Gold francs
- Polar Code (IMO) , , , –, . see MARPOL, SOLAS
- Polar operations, 85–87”
- “Polluter pays” principle , , , ,
- Pollution damage –. see also Environmental damage, Marine environment
- Pollution prevention. see MARPOL, Prevention of pollution, Preventive measures
- Port state control –, , –, , , –
- Anti-fouling Convention 2001
- Ballast Water Management Convention 2004
- Equasis
- IMO guidelines, under
- inspections –
- MARPOL –
- Oil Pollution Act 1990 (United States) , , , , –, , , ,
- OPRC Convention 1990
- OPRC-HNS 2000 ,
- Paris Memorandum of Understanding –
- practice –
- regional agreements –
- safeguards –
- specialised regulatory conventioins, under
- vessel response plans –, –
- violations –
- Ports. see also Port state control, Ports and Waterways Safety Act 1972 (United States)
- Ports and Waterways Safety Act 1972 (United States) –
- Ports of refuge –. see also Places of refuge for ships
- Poseidon Principles –, –
- Power stations
- Precautions
- Pre-emption provisions , ,
- Press. see Media coverage
-
Prestige incident –
- access to places of refuge. see Places of refuge for ships
- changes in law and practice, led to
- CLC 92 and Fund Convention 1992
- admissibility of claims
- interim payments
-
limitation of liability, CLCPage 1372
- classification society
- coastal state authorities
- criminal proceedings
- direct action against insurer –
- ecological damage claims –
- fair treatment of defendants
- France
- maritime casualty, right of intervention in case of , –
- moral damages claims , , , ,
- Spanish authorities. see coastal state authorities
- Prevention of pollution. see also MARPOL, Preventive measures
- Clean Air Act (United States) –,
- garbage from ships –
- harmful substances carried in packaged forms –
- marine environment –
- MARPOL –, –
- noxious liquid substances –
- oil –
- oil pollution incident
- Oil Pollution Act 1990 (United States) –
- OILPOL , ,
- Ports and Waterways Safety Act (United States) –
- sewage from ships –
- Tank Vessel Act 1936 (United States) –
- transfer of oil cargo between oil tankers at sea
- Preventive measures –, , –, –. see also Prevention of pollution, Response measures
- admissibility
- claims for compensation. see compensation
- in general average. see general average
- charterers, taken by –
- Civil Liability Convention 1992
- clean-up costs. see Clean-up costs
- common safety. see general average
- co-operation. see OPRC 1990
- costs –, –, , –, –
- dispersants, use of , ,
- economic loss
- escape of oil, measures to prevent or minimise , . see also salvage and related operations
- expenses. see costs
- general average
- government authorities. see Government authorities
- Hazardous and Noxious Substances Convention 2010 , ,
- insurance. see marine property insurance, P&I Clubs
- intervention by state. see Intervention Convention 1969
- Lloyd’s Open Form
- cost of operations under. see salvage and related operations
- loss or damage caused by –, –
- marketing campaigns –, –
- oil company clauses governing costs of –
- owner’s expenses
- P&I cover
- personal injury, caused by –, –, –, –
- persons entitled to claim compensation –
- Pollution Hazard Clause –
- pre-spill costs . see also Incident
- purpose of measures –, . see salvage and related operations
- public bodies ,
- public perceptions –
- reasonableness –,
- recovery of oil at sea
- rehabilitation of wildlife
-
reinstatement , , –Page 1373
- salvage and related operations
- Salvage Convention 1989. see salvors
- salvors
- shoreline operations –
- state intervention. see Intervention Convention 1969
- technical considerations –
- tourism promotion campaigns –
- volunteers
- wildlife rehabilitation
- admissibility
- Privity and knowledge
- Property damage
- abnormally dangerous activities
- bunker spills ,
- charterers –
- Civil Liability Conventions –
- clean-up costs –
- consequential loss , –
- contamination , , , , , ,
- desalination plants
- economic loss –
- explosions , , , –, –
- fire , , , –, –
- fish farms and aquacultural stocks , –,
- fisheries
- Hazardous and Noxious Substances Convention 2010 ,
- loss of market value –
- natural resources –, –
- personal injuries ,
- pollution damage , –,
- preventive measures, caused by –, –, –, –
- ships
- Proportionality
- Proprietary rights
- Protection and Indemnity Clubs. see P&I Clubs
- Provisional payments. see Interim payments
- Proximate cause
- Proximity
- Public authorities
- Public expectations and perceptions –
- Public interest
- Public law
- Publicity. Media reports. see Public expectations and perceptions
- Pumping operations , , –, , ,
- Radioactive substances
- Radioactive waste shipment –
- Reasonableness
- Reception facilities , , –, , ,
- Recognition of judgments
-
Recycling of ships –, –. see Hong Kong Convention, EU Ship Recycling RegulationPage 1374
- application of Basel Convention –
- application of Basel BAN Amendment –
- background –
- beaching –
- Basel guidelines –
- classification of ship
- EU regulation –
- facilities –
- “ghost ships” , , , –
- hazardous materials remaining on board –
- “hazardous waste”, classification of ship as –
- import of ships for recycling in OECD states –
- Indian cases –
- legal framework –
- negligence, liability for –
- OECD Decision –
- ongoing concerns –
- “waste”, classification of ship as –
- Refuge. see Places of refuge for ships
- Refuse Act (United States) –
- Regional contingency plans , , ,
- Regional laws , –
- Registration of ships
- Reinstatement. see Restoration
- Reinsurance
- Remediation. see Clean-up costs, Remedies, Restoration
- Remoteness
- Removal of wrecks –. see also Wreck Removal
- Repairs
- clean-up , , , ,
-
costs –,Page 1375
- Fund Convention 1971 –
- marine property insurance –
- total loss –
- Reporting requirements
- Res ipsa loquitur , ,
- Research and development –
- Residues –, –, –, –
- Resource Conservation and Recovery Act 1976 (United States)
- Response measures , –, –. see Response measures in United States
- charterers –
- clean-up costs –
- costs –
- International Maritime Organization –, –, –, ,
- International Oil Pollution Prevention Certificate , , , , ,
- intervention –, –, –
- lightering –
- loss –
- Maritime Assistance Services (MAS) –
- national contingency plans
- natural resources –, –
- offences relating to –
- oil company clauses –
- OPRC 1990 , , , , , , , , –
- OPRC-HNS 2000 ,
- port state control –, , –
- public perceptions –
- responsible party –,
- shipboard oil pollution emergency plan –
- special compensation –
- state intervention –
- territorial seas –, , –, –, –, –, –, –
- unreasonable –
- vessel response plans –, –
- Response measures in the United States –. see also National Contingency Plan
- area committees
- area contingency plans –
- area exercises , –
- background
- clean-up , , , ,
- communications –
- contact list
- costs –
- Department of Homeland Security , ,
- discovery –
- dispersants , , –,
- drills , , , , ,
- equipment –, –
- exercises , –
- Federal On-Scene Coordinator
- funding
- general pattern –
- general response plan requirements –
- geographic-specific appendices –
- Groups I–IV petroleum oil –
- hazardous and noxious substances –, –
- Incident Command System –
- industry co-operatives –
- initiate, determinations to
- inspection
- internal exercises , –
- lightering –
- maintenance
- Marine Spill Response Corporation
- National Oil and Hazardous Substances Pollution Contingency Plan –
- national priorities –
- National Response Corporation
- National Response System –
- National Response Team –
- nontank vessels
- notification –, –, –
- notification
- offences relating to –
- P&I Clubs –
- pandemics –
- planning –
- preparedness –
- Preparedness for Response Exercise Program –
- qualified individual –
- release scenarios –
- SARA (United States) –, –
- shipboard oil pollution emergency plans –
- shipboard spill mitigation procedures –
- shore-based activities
- state oil and hazardous substance response plans
- tankers –
- terrorism –, –, –, . see also Terrorism
- training –
- triennial exercises , –
- trustees for natural resources –
- Unified Command Structure –
- unmanned tank barges
- US Coast Guard ,
- vessel response plans –, –
- vessel specific information –
- worker health and safety –
- Restaurants, loss of income
- Restoration –
- administrative records
- admissibility and assessment of claims –
- Civil Liability Convention 1992 –, , –, –
- clean-up –,
- emergency
- Fund Convention 1971 –
- implementation –
- national courts natural recovery,
- natural resources –, –
- planning –
- policy considerations –
- practicality
- preassessment phase –
- public perceptions –
- regional
- scaling –
- selection
- standards –
- technical issues –
- Retailers
- Revolving funds
- Risk assessment –
- Rivers and Harbors Act 1899 (United States) –, –
- Robins rule –, –
- Rules to prevent pollution
- Running Down Clause ,
- Safe berths , , , ,
- Safe ports –, , ,
- Safety, maritime. see also Maritime Safety Committee (IMO), Solas
- Safety of Life at Sea. see SOLAS
- Salaries , –
- Sale and leaseback ,
- Salvage –, –. see also Salvage Convention 1989
- Article , –
- channelling provisions , –
- Civil Liability Convention 1992 –
- clean-up
- contracts –, –
- costs –, –
- development of modern law and practice , ,
-
economic loss –Page 1376
- enhanced awards
- environmental damage –, –, , –, , –, –
- equipment –
- expenses –, ,
- government bodies –
- guarantors –, , –
- hull and cargo insurers –
- indemnities –,
- insurance –
- International Convention on Salvage 1989 –, –
- intervention –, –
- IOPC Funds –
- liability –
- limitation of liabilities –
- Lloyd’s Open Form –
- manning –
- marine environment –
- marine property insurance –
- motives
- National Contingency Plan
- negligence –, –, –, , –
- Oil Pollution Act 1990 (United States) –
- operations involving different measures with distinct purposes –
- pollution damage , –,
- ports, access to. see Places of refuge
- precautions –
- primary purpose test –
- purpose of measures –
- remuneration
- Salvage Convention 1989 , , , , ,
- SCOPIC. see SCOPIC
- special compensation –
- strict liability –,
- subrogation , , –, , ,
- third parties , ,
- threat removal –, –, –
- traditional principles
- United States –
- US Open Form
- wreck removal –, –
- Salvage Convention 1989 , , , , ,
- bunker spills ,
- Comité Maritime International
- economic loss –
- entry into force –, –
- environmental damage –, , –,
- expenses –, ,
- International Group of P&I Clubs –, –
- Lloyd’s Open Form –
- marine property insurance –
- negligence –, –, –, , –
- physical damage –, –, –
- preventive measures –, –, –, –
- security –
- special compensation –
- Sanctions –
- SARA (United States)
- Scientific issues. see Technical issues
- SCOPIC –
- background –
- development –
- general average
- insurance of liability under
- terms –
- Scrapping of ships. see Recycling of ships
- Scuttling , , –, , , , , ,
- SDR. see Special drawing right
- Seafarers, fair treatment of. see Criminal liability
- Seaworthiness
- Security. see also Arrest of ships, Guarantors
- costs –
- enforcement of judgments –, –,
-
financial –, –, –, –, , –, –, –Page 1377
- lender liability –
- maritime –, –, –
- offshore operations –, –
- salvors –
- SCOPIC –
- ship finance –,
- special compensation –
- Salvage Convention 1989 ,
- Segregated ballast tanks ,
- Self-incrimination , ,
- Self-insurance
- Set-off , –
- Settlements
- Sewage –,
- Shareholder liability –
- ‘Ship’
- Ship finance –
- Ship management –
- Shipboard oil pollution emergency plan (SOPEP) –
- Shipboard marine pollution emergency plan (SMPEP) –
- Shipment of waste –, –. see also Basel Convention on Transboundary Movements of Waste
- Shipowners –
- alter ego –
- charterers –
- clean-up , , , ,
- clean-up costs –, –
- collision –,
- duties of –
- environmental damage –, , –,
- expenses –, ,
- financial responsibility –, –
- Fund Convention 1971 –
- indemnification ,
- IOPC Funds, claims against
- liability –, –, –, –, –, –, –, –, –
- operational discharges –
- recourse action by –
- recovery rights of –, –
- salvage –
- Salvage Convention 1989 , , , , ,
- Shipowner’s Limitation of Liability Act 1851 (United States)
- Ships’ Ballast Water and Sediments Control and Management ,
- Shops –
- Shore reception facilities , , –,
- Sister ships ,
- Slops
- Small ships , , , ,
- Smogs , , , ,
- SMPEP (Shipboard marine pollution emergency plan) , –
- Social security
-
SOLAS (International Convention for the Safety of Life at Sea) , –Page 1378
- SOLAS 1960
- SOLAS 1974 ,
- amendment procedure
- bulk carriers
- carriage of cargoes and oil fuels
- carriage of dangerous goods
- compliance
- construction of ships
- dangerous goods –,
- fire prevention
- high-speed craft
- life-saving appliances
- maritime safety, measures to enhance
- nuclear ships
- polar waters . see also Polar operations, Polar Code
- radiocommunications
- safety of navigation ,
- scope of Convention –
- ship management . see also Ship management, ISM Code
- verification of compliance
- Solid waste , , , –,
- SOPEP (Shipboard oil pollution emergency plan) , –
- Sovereign immunity. see State immunity
- Special compensation
- Special Drawing Right (SDR)
- Special interest groups
- Spilling and non-spilling ships. see Colliding ships
- Spills of national significance –
- Standards for pollution prevention. see Rules to prevent pollution
- State immunity
- State intervention. see Intervention
- State law (United States) . see also Pre-emption provisions
- State-owned ships
- Status of conventions , , , , ,
- STOPIA –
- Stowage
- Strict liability
- acts or omissions , –, –, –
- bareboat charters , ,
- bunker spills ,
- CERCLA (United States)
- charterers –
- Civil Liability Convention 1992
- collision –,
- economic loss –
- government authorities, remedies available against
- hazardous and noxious substances –
- Hazardous and Noxious Substances Convention 2010 ,
- natural phenomenon –, –
- natural resources –, –
- navigational aids –, –
- Oil Pollution Act 1990 (United States)
- Refuse Act (United States) –
- shipowner –
- stowage –
- US hazardous and noxious substances
- war risks , , –
-
Subcontractors. see ContractorsPage 1379
- Submerged Lands Act (United States) ,
- Subrogation –, –
- Successor corporations –
- Sue and labour –
- Suez crisis
- Sulphur –
- Superfund. see also SARA
- Superfund Amendments and Reauthorization Act, (United States). see SARA
- Supertankers
- Supplementary Fund –
- Sureties
- Tacit acceptance procedure (IMO) –
- Tank Vessel Act 1936 (United States) –
- Tank washing. see Washing
- Tanker Owners Voluntary Agreement concerning Liability for Oil Pollution. see TOVALOP
- Tankers
- bunker spills –, –
- compensation for pollution from. see Civil Liability Conventions 1969 and 1992, CRISTAL, Fund Conventions 1971 and 1992, Oil Pollution Act 1990 (United States), TOVALOP
- double hull , ,
- escort vessels , , , , ,
- history –
- manning –
- MARPOL –, –
- navigation
- Oil Pollution Act 1990 (United States) –
- supertankers –
- US Coast Guard ,
- vessel communications equipment
- Tax revenue, loss of –
- Telecommunications , , ,
- Terminal operators –
- Territorial sea
- Civil Liability Convention 1992 –
- criminal offences –, –, –
- definition
- EU Directive on Criminal Sanctions for Ship-source Pollution –
- Hazardous and Noxious Substances Convention 2010 ,
- intervention –, –, –
- jurisdiction in
- Oil Pollution Act 1990 (United States) , , , , –, , , ,
- response measures , –, –
- violation in –
- Wreck Removal Convention, extention to –
- Terrorism
- Texas City Disaster , , , , ,
- Third parties
- charterers –
- collision –,
- compensation
- general maritime law (US)
- hazardous and noxious substances –
- insurance –
- IOPC Funds, rights of recovery against
- LLMC –
- negligence –, –, –, , –
- Oil Pollution Act 1990 (United States) –
- pilots and maritime authorities –
- rights of recovery against –
- salvage –
- US hazardous and noxious substances –
- Threat removal. see also Prevention
- bunker spills ,
- CERCLA (United States) –, , –
- clean-up , , , ,
- Clean Water Act (United States) , –, –, –, –, –, –
- costs –
- environmental damage –, , –,
- Hazardous and Noxious Substances Convention 2010 ,
-
National Contingency PlanPage 1380
- Oil Pollution Act 1990 (United States) , , , , –, , , ,
- special compensation –
- Time limits
- TOPIA –
- Torrey Canyon incident
- Tort
- Total loss
- Tourism
- Aegean Sea –, –, –, –, –, –, –, –, –
- beach facilities, operator of
- camp sites , , ,
- causation –, , –
- Deepwater Horizon
- economic loss –
- establishments at uncontaminated locations in polluted area
- establishments outside polluted areas –
- facilities on polluted beaches –
- ferry operators –,
- Fund Convention 1971 –
- goods and services, supplies of –
- Haven
- hotels –
- IOPC Funds –
- loss of profits –, –
- marketing –
- medical practice
- polluted area, establishments outside –
- postcard manufacturer
- promotion campaigns –
- proximity –, –, –, –, –, –
- public authorities , ,
- publicity , , –, –
- reduction
- restaurants –
- retailers
- shops –
- tax revenue –
- “touristic image”, loss of ,
- travel agents
- uncontaminated locations
- TOVALOP ,
- Towing vessels
- Traffic separation schemes (TSS) ,
- Trans-Alaska Pipeline Authorization Act (United States)
- Transboundary movements of hazardous wastes and their disposal , –. see also Basel Convention, Radioactive waste shipment, Shipment of waste
- Transshipment
- Transport
- Travel agents
- Treaties. see International laws and treaties
- Trespass to land
- Tugs –, –, –, –, –
- Uberrimae fidei
- Unified Command System –
- United Nations Convention on the Law of the Sea (UNCLOS)
- continental shelf
- exclusive economic zone, creation of , , –, , –, –. see also Exclusive economic zone
- framework , –
- maritime zones. see Maritime zones
-
jurisdictionPage 1381
- penalties, restrictions on –, , –, –
- protection of the environment –
- United Nations Framework Convention on Climate Change (UNFCCC) , ,
- United Nations Environment Programme (UNEP) , –, –, –
- United Nations Sustainable Development Goals
- Units of account. see also Gold franc, SDR
- Unmanned vessels
- Unpaid calls –
- Unseaworthiness. see Seaworthiness
- US Coast Guard
- US hazardous and noxious substances –
- CERCLA (United States) –
- claims under general maritime law –
- clean-up costs –
- Clean Water Act (United States) –, –, –, , –
- criminal offences –, –, –
- damages –, –
- foreseeability –, –
- Grandcamp , ,
- labelling , , –,
- National Contingency Plan
- negligence –, –, –, , –
- proximate cause
- stowage –
- strict liability –,
- third parties , ,
- towing vessels
- US Coast Guard ,
- warranties , –, –,
- Use of force
- Utmost good faith
- Vessels. Design of vessels. see “Ship”, Tankers
- Vessels communications equipment
- Vessel Movement Reporting System
- Vessel Response Plans –, –. see also Contingency plans, Response measures
- Vessel traffic services –
- Vienna Convention on the Law of Treaties (VCLT) –, , , , , , ,
- Voice data recorders (VDRs)
- Volatile organic compounds (VOCs)
- War. see also Acts of war, War risks, Warships Oil Pollution Act 1990 (United States)
- War risks
- Warnings
- Warranties
- Warships
- Washing
- Waste. see also Dumping at Sea, Hazardous waste, Recycling of ships
- Water pollution. see Clean Water Act (United States)
- Wetlands –
- Wharfingers ,
- Wildlife. see also. see also Birds, Habitats clean-ups
- criminal offences –, –, –
-
natural resources –, –Page 1382
- wetlands –
- Wilful misconduct
- Windblown oil spray
- Words and phrases
- Acts of God
- bunker oil
- carriage by sea –
- clean-up costs –
- consumer products ,
- contiguous zones
- deepwater port
- double hulls –,
- environmental damage –, , –,
- extension of credit –
- facility –
- guarantors –, , –
- harmful to the marine environment (HME) –
- hazardous substances –
- hazardous and noxious substances –
- imminent threat of material damage
- incident –, , –
- injury –
- lightering –
- maintenance of navigational aids –, –
- marine casualty –
- maritime casualty , , –
- natural resources –, –
- navigable waters –, –
- navigational aids, maintenance –
- negligence –, –, –, , –
- non-persistent oil
- oil –
- operators –
- owner –, ,
- persistent oil –
- point source , ,
- pollution damage , –,
- preventive measures –, –, –, –
- public welfare , ,
- related interests
- release –, –, –
- responsible corporate officer –
- responsible party –,
- ships –, , , –,
- solid waste , , , –,
- substances other than oil
- sufficient cause –
- territorial sea –, , –, –, –, –, –, –
- trespass
- vessel –, –,
- Workers’ compensation ,
- World Trade Center attacks , –, –
- WRC. see Wreck Removal Convention 2007
- Wreck removal –, –, , –, –, –, –
- Wreck Removal Convention 2007 (WRC) –, –, , , –
- background –
- certification and direct action –, –
- definitions –
- direct action –
- entry into force
- exceptions from liability
- Exclusive Economic Zone (EEZ), application in –,
- financial security –, –
- hazard, determination of
- jurisdiction –
- limitation of liability –, –,
- relationship with other liability regimes –
- rights and obligations as to wrecks –
- scope of application –
- territorial seas, extension to –
- time limits
- Wrecks. see also Wreck removal, Wreck Removal Convention