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Financial caps for oil pollution damage: A historical mistake?

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  • Faure, Michael
  • Wang, Hui

Abstract

The limitation of liability (known as financial caps) of the ship owner has a long tradition in maritime law in general and in the marine oil pollution compensation regime in particular. This paper uses the economic instrument to critically analyze such a mechanism, in order to answer the question if the financial caps are indeed a historical mistake.

Suggested Citation

  • Faure, Michael & Wang, Hui, 2008. "Financial caps for oil pollution damage: A historical mistake?," Marine Policy, Elsevier, vol. 32(4), pages 592-606, July.
  • Handle: RePEc:eee:marpol:v:32:y:2008:i:4:p:592-606
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    Citations

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    Cited by:

    1. Mondello, Gerard, 2010. "Risky Activities and Strict Liability Rules: Delegating Safety," Sustainable Development Papers 94736, Fondazione Eni Enrico Mattei (FEEM).
    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. Gérard Mondello, 2012. "Strict Liability, Capped Strict Liability, and Care Effort under Asymmetric Information," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 168(2), pages 232-251, June.

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