Shipping and the Environment

Colin de la Rue first saw pollution from ships as a schoolboy in 1967, when oil from the Torrey Canyon came ashore near his home in Guernsey in the world’s first major tanker spill. Ten years later he joined the international law firm Ince & Co, which had represented the ship’s insurers, and soon he was part of a team acting in the major tanker accidents of the 1970s. In his 36 years at the firm he worked with colleagues and overseas lawyers in most major oil spills worldwide, including the Exxon Valdez and several other US incidents, dealing with the implications of pollution in various branches of maritime commerce. In areas of legal policy and reform he has advised leading industry bodies on various proposals for change. On these and other issues he has given papers at conferences, seminars and universities in many countries around the world. After leaving practice as a solicitor he devoted time to industry training while continuing to give consultancy advice, and by 2022 he had been involved in over 75 serious incidents in 40 countries. In this new edition he draws on experience of most major events in this field of modern times. Charles B. Anderson retired in 2021 as Senior Vice President and Head of Office of Skuld North America, New York-based representatives of the Skuld P&I Club. Previously he was a partner in Holland & Knight, where he specialized in admiralty and environmental law. He has represented shipowners, charterers, P&I Clubs and other marine insurers in numerous well known maritime casualty and pollution cases, and for many years taught maritime law at Columbia University Law School. He is a former chairman of the US Maritime Law Association’s Committee on the CMI and a member of its Marine Ecology Committee. In 1998 he was elected a titulary member of the CMI in recognition of his work in the area of international shipping and environmental law. In 2010 he testified before the US Congress on behalf of the International Group of P&I Clubs on liability and financial responsibility following the Deepwater Horizon oil spill. He remains active in the maritime industry as a member of the Society of Maritime Arbitrators in New York and a consultant on marine casualties and pollution. Jonathan Hare first entered the maritime field in 1989 on joining the Legal Department of Assuranceforeningen Skuld, a P&I Club in the International Group. He spent the next thirty years based at the Club’s head office in Oslo in a variety of largely claims-related roles before being appointed General Counsel in 2012. He has served as a Special Advisor to Skuld since entering into semi-retirement in 2020. He gained experience of major tanker spills as a result of handling claims resulting from the Braer and Sea Empress incidents in the 1990s, and contributed to the work of the International Group of P&I Clubs. His experience of major casualties and participation in the International Group led to regular contact with intergovernmental organisations and industry bodies. He was a member of the INTERTANKO Documentary Committee for many years and part of the Norwegian delegation to the BIMCO Documentary Committee. He also served as a member of the Board and Advisory Committee of ITOPF.

PART I – INTRODUCTION, 1. THE ENVIRONMENTAL ASPECTS OF SHIPPING, PART II - LIABILITY AND COMPENSATION FOR OIL POLLUTION DAMAGE, 2. COMPENSATION FROM THE SHIPOWNER UNDER THE CIVIL LIABILITY CONVENTION 1992, 3. COMPENSATION FROM THE INTERNATIONAL OIL POLLUTION COMPENSATION FUNDS, 4. OIL POLLUTION – THE POSITION IN THE UNITED STATES, 5. POLLUTION FROM OFFSHORE OPERATIONS AND CRAFT, 6. POLLUTION FROM SHIPS’ BUNKERS, PART III – COMPENSATION FOR DAMAGE BY HAZARDOUS AND NOXIOUS SUBSTANCES, 7. HNS DAMAGE AND THE HAZARDOUS AND NOXIOUS SUBSTANCES CONVENTION 2010, 8. HNS DAMAGE – THE POSITION IN THE UNITED STATES, PART IV – ADMISSIBILITY AND ASSESSMENT OF CLAIMS, 9. CLAIMS – GENERAL PRINCIPLES, 10. CLEAN-UP OPERATIONS AND OTHER PREVENTIVE MEASURES, 11.DAMAGE TO PROPERTY, 12. ECONOMIC LOSS, 13. DAMAGE TO NATURAL RESOURCES AND COSTS OF RESTORATION, PART V – THE LAW RELATING TO PARTICULAR PARTIES, 14. SALVORS, 15. CHARTERERS AND CARGO OWNERS, 16. SHIP MANAGERS, OPERATORS AND ASSOCIATED PARTIES, 17. THE OWNERS OF COLLIDING SHIPS, 18. PILOTS AND MARITIME AUTHORITIES, 19. SHIP FINANCIERS, 20. P&I CLUBS AND OTHER LIABILITY INSURERS, 21. HULL AND CARGO INSURERS, PART VI – LIMITATION OF LIABILITY, 22. LIMITATION OF LIABILITY FOR POLLUTION AND HNS DAMAGE, PART VII – PREVENTION, REDUCTION AND CONTROL OF DAMAGE TO THE MARINE ENVIRONMENT, 23. INTERNATIONAL RULES TO PREVENT POLLUTION FROM SHIPS, 24.PREVENTION OF POLLUTION FROM SHIPS IN THE UNITED STATES, 25. THE RESPONSE TO AN INCIDENT – INTERNATIONAL CONVENTIONS, 26. THE RESPONSE TO AN INCIDENT – THE POSITION IN THE UNITED STATES, 27. REMOVAL OF WRECKS AND DUMPING AT SEA, 28. SHIPMENT OF WASTE AND DISMANTLING OF VESSELS, 29. ENFORCEMENT OF RULES TO PREVENT POLLUTION, 30. CRIMINAL LIABILITY FOR POLLUTION FROM SHIPS, APPENDIX, INDEX