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Civil liability for oil pollution damage: examining the evolving scope for environmental compensation in the international regime

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  • Mason, Michael

Abstract

The civil liability regime for ship-source oil pollution enables national victims of oil spill damage to make financial claims against domestic and non-domestic tanker owners and, in certain circumstances, the global oil cargo industry. This paper examines the evolving--and contested--parameters of environmental liability set by the international oil pollution liability conventions, focusing on the admissibility of reinstatement costs and the geographical scope of compensation norms. It concludes that although the liability regime can be applauded for its equitable consideration of environmental claims, this is restricted by a narrow definition of damage and national boundaries of entitlement. Oil pollution harm to collective ecological interests represents a key challenge to the liability framework.

Suggested Citation

  • Mason, Michael, 2003. "Civil liability for oil pollution damage: examining the evolving scope for environmental compensation in the international regime," Marine Policy, Elsevier, vol. 27(1), pages 1-12, January.
    • Handle: RePEc:eee:marpol:v:27:y:2003:i:1:p:1-12
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    Cited by:

    1. O’Garra, Tanya, 2017. "Economic value of ecosystem services, minerals and oil in a melting Arctic: A preliminary assessment," Ecosystem Services, Elsevier, vol. 24(C), pages 180-186.
    2. Julien Hay, 2010. "How efficient can international compensation regimes be in pollution prevention? A discussion of the case of marine oil spills," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 10(1), pages 29-44, March.
    3. Dionysios Polemis & Michael Boviatsis, 2023. "Legal and Policy Issues While Evaluating the Sustainability of a Floating Storage Regasification Unit: The Case of Alexandroupoli Greece," Sustainability, MDPI, vol. 15(5), pages 1-19, March.
    4. Loureiro, Maria L. & Ribas, Alfonso & Lopez, Edelmiro & Ojea, Elena, 2006. "Estimated costs and admissible claims linked to the Prestige oil spill," Ecological Economics, Elsevier, vol. 59(1), pages 48-63, August.
    5. Lázaro-Touza, Lara & Atkinson, Giles, 2013. "Nature, roads or hospitals? An empirical evaluation of ‘sustainable development preferences’," Ecological Economics, Elsevier, vol. 95(C), pages 63-72.

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